HomeMy WebLinkAbout07-15-2019 CITY COUNCIL AGENDACity Council Meeting
J uly 15, 2019 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
I I I .AP P O I NT M E NT S
A .A uburn Tourism Board
City Council to confirm the appointment of L acey Katz to the Auburn Tourism B oard for
a three-year term to expire December 31, 2021.
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Franchise A greement No. F R N19-
0012 for Comcast
City Council to hold a public hearing in consideration of Franchise A greement No.
F R N19-0012 for Comcast Cable Communications, L L C and Comcast Cable
Communications Management, L L C
2.Public Hearing for North A uburn L ogistics Holdings, L L C
Water Payback A greement
City Council to hold a public hearing in consideration of North A uburn L ogistics
Holdings, L L C Water P ayback Agreement
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 - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Page 1 of 218
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
V I I .C O NS E NT AG E ND A
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 J une 17, 2019 and J une 24, 2019 S pecial City
Council Meetings
B .Minutes of the J une 24, 2019 S tudy S ession
C.Minutes of the J une 17, 2019 Regular Council Meeting
D.Claims Vouchers (Fuhrer)
Claim voucher list dated J uly 1, 2019 which includes voucher numbers 454200 through
454424 in the amount of $1,405,972.22 and five wire transfers in the amount of
$764,497.83.
Claim voucher list dated J uly 15, 2019 which included voucher numbers 454425
through 454802 in the amount of $4,752,079.75 and 2 W ire transfers in the amount of
$527,418.16.
E .P ayroll Vouchers (F uhrer)
P ayroll check numbers 538497 through 538514 in the amount of $593,201.79,
electronic deposit transmissions in the amount of $2,048,393.15 for a grand total of
$2,641,594.94 for the period covering J une 13, 2019 to J une 26, 2019.
P ayroll check numbers 538515 through 538546 in the amount of $245,428.24,
electronic deposit transmissions in the amount of $2,088,058.84 for a grand total of
$2,333,487.08 for the period covering J une 27, 2019 to J uly 10, 2019.
F.S etting Public Hearing Date for Franchise A greement
#F R N19-0013 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, granting Seattle
S MS A L imited P artnership, a Delaware L imited Partnership, d/b/a Verizon W ireless, a
franchise for wireless telecommunications facilities
G.P ublic Works P roject No. C P 1705 Gaub)
City Council to award Contract No. 19-18, to RW Scott Construction on their low bid of
$588,838.00 for P roject No. C P 1705, Auburn Way S outh (S R164) S idewalk
I mprovements
H.P ublic Works P roject No. C P 1802 (Gaub)
City Council to approve Change Order No. 1 in the amount not to exceed $46,000.00
to Contract No. 19-01 for work on P roject No. C P 1802, Green River Pump Station
E mergency Power Project
I .P ublic Works P roject No. C P 1805 (Gaub)
Page 2 of 218
City Council to award Contract No.19-19, to the lowest responsible bidder for P roject
No. C P 1805, 2019 Sewer Repair and Replacement P roject
J .P ublic Works P roject No. C P 1823 (Gaub)
City Council to award Contract No.19-20, to the lowest responsible bidder for P roject
No. C P 1823, 2018 Storm Repair and Replacement Project
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6720 (F uhrer)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6693, the 2019-2020 B iennial Operating Budget Ordinance, as
amended by Ordinance No. 6712, authorizing amendment to the City of Auburn 2019-
2020 budget as set forth in schedule “A ” and schedule “B”
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6720.)
B .Ordinance No. 6722 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute a payback agreement for utilities developer’s extension between the
City of Auburn and North Auburn L ogistics Holdings, L L C
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6722.)
C.Ordinance No. 6724 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to
abandoned utility services, clarifying the process for reestablishing utility services,
amending S ection 13.06.140, creating a new Section 13.20.235, and creating a new
S ection 13.48.295 to the Auburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6724.)
D.Ordinance No. 6725 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to water
utility, defining equivalent residential unit, and amending S ection 13.06.010 of the
A uburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6725.)
X I .RE S O L UT IO NS
A .Resolution No. 5427 (Martinson)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute and administer an agreement between the City of A uburn and Racing
to Equity Consulting Group for racial equity training and policy development
Page 3 of 218
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5427.)
B .Resolution No. 5443 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an amendment to the I nterlocal A greement between the City of
A uburn and the City of F ederal Way related to the P uget S ound A uto T heft Task Force
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5443.)
C.Resolution No. 5444 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington relating to the
Citywide L E D Street L ighting and Controls I mprovements; authorizing the Mayor to
accept and expend grant funds and execute agreements related to those funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5444.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I I .AD J O URNM E NT
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.
Page 4 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Franchise Agreement No. FRN19-0012 for
Comcast
Date:
June 17, 2019
Department:
Public Works
Attachments:
Draft Res olution No. 5431 Franchis e Agreement
No. FRN19-0012
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. FRN19-
0012 for Comcast Cable Communications, LLC and Comcast Cable Communications
Management, LLC.
Background Summary:
Chapter 13.36.050 of the Auburn City Code requires the City to hold a public hearing to
consider granting a franchise. Franchise Agreement No. FRN19-0012 would allow Comcast
Cable Communications, LLC and Comcast Cable Communications Management, LLC to
continue to operate a cable communications system within the City’s rights-of-way. The
public hearing was set by Council vote held on June 17, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:PH.1
Page 5 of 218
DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 1 of 51
RESOLUTION NO. 5431
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A FRANCHISE AGREEMENT BETWEEN
THE CITY OF AUBURN AND COMCAST CABLE
COMMUNICATIONS, LLC AND COMCAST CABLE
COMMUNICATIONS MANAGEMENT, LLC, A
PENNSYLVANIA CORPORATION
WHEREAS, Comcast Cable Communications, LLC & Comcast Cable
Communications Management, LLC (“Comcast”) has applied to the City of Auburn (“City”)
for renewal of a non-exclusive Franchise for the right of entry, use, and occupation of
certain public right(s)-of-way within the City, expressly to install, construct, erect, operate,
maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across
those right(s)-of-way; and
WHEREAS, the City is authorized by Revised Code of Washington 35A.47.040
and Auburn City Code (ACC) 13.36.010 et seq. and ACC 20.06.010 to grant a non-
exclusive franchise for the use of public streets, bridges, or other public ways for the
transmission and distribution of electrical energy, signals and other methods of
communication, including cable telecommunications and cable television; and
WHEREAS, following proper notice, the City Council held a public hearing on
Comcast’s request for a Franchise, at which time representatives of Comcast and
interested citizens were heard in a full public proceeding affording opportunity for
comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from facts and
circumstances developed or discovered through independent study and investigation, the
City Council now deems it appropriate and in the best interest of the City and its
inhabitants that the franchise be granted to Comcast.
Page 6 of 218
DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 2 of 51
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, resolves as follows:
Section 1. The Mayor is authorized to execute a Cable Television Franchise
Agreement with Comcast Cable Communications, LLC and Comcast Cable
Communications Management, LLC in substantially the same form as the Agreement
attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 7 of 218
DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 3 of 51
CABLE FRANCHISE AGREEMENT
Between the City of Auburn, Washington, and Comcast Cable Communications, LLC &
Comcast Cable Communications Management, LLC d/b/a Comcast.
This Cable Franchise Agreement (“Franchise”) is made and entered into by and between The City
of Auburn, Washington, a municipal corporation (City), and Comcast Cable Communications,
LLC & Comcast Cable Communications Management, LLC d/b/a Comcast, a Pennsylvania
corporation (collectively, “Grantee”). The City and Grantee are sometimes referred to hereinafter
collectively as the “Parties.”
WHEREAS, the City is authorized by 47 USC § 541 et seq., RCW 35A.47.040, ACC
20.06.010 and ACC Chapter 13.36 to grant and renew nonexclusive cable franchise agreements
for the installation, operation, and maintenance of cable television systems and otherwise
regulate cable communications services within the City’s incorporated boundary; and
WHEREAS, the City has reviewed Grantee's performance under the prior franchise and the
quality of service during the prior franchise term, has identified the future cable-related needs and
interests of the City and its citizens, and has determined that Grantee's plans for operating and
maintaining its Cable System are adequate; and
WHEREAS, the public has had adequate notice and opportunity to comment on this
Franchise during a public proceeding; and
WHEREAS, the Mayor and City Council has determined that is in the best interests of,
and consistent with, the health, safety, and welfare of the citizens of the City to grant a franchise
to Grantee to use public rights-of-way for the purposes specified in this Franchise and on the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises made herein, and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Parties do hereby agree as follows:
SECTION 1: PRINCIPLES AND INTENT OF THE CITY
The following provisions are statements of the City's intent in entering into this Franchise, but do
not necessarily reflect Grantee's intent and shall not supplant or modify specific provisions of the
Franchise:
1.1. Ensure that Auburn stays at the forefront of cable service by keeping the Cable System up
to date with features meeting the current and future cable-related needs and interests of the
community;
1.2. Encourage the widest feasible scope and diversity of Programming and other services to all
City residents consistent with community needs and interests;
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 4 of 51
1.3. Encourage competitive, affordable, and equal access to advanced communications services
of all kinds to residents and businesses of the City of Auburn on a non-discriminatory
basis;
1.4. Ensure that Auburn residents have the opportunity to view public, educational, and
governmental Programming;
1.5. Ensure that rates and charges for cable Programming, equipment, and services provided
over the Cable System are affordable and consistent with federal standards;
1.6. Ensure that Auburn residents receive high quality customer service;
1.7. Ensure that the City receives appropriate compensation for the use of its facilities and
property and that installation and maintenance of cable Facilities comply with all
applicable City regulations, and do not interfere with the City's legitimate use of its own
facilities and property;
1.8. Encourage competition among Cable Operators and between Cable Operators and other
providers of communications services;
1.9. Protect the City's interests and the health, safety, and welfare of its residents; and
1.10. Provide for timely mandatory Government Access to all Cable Systems in times of civil
emergency.
SECTION 2: DEFINITIONS
For the purpose of this Franchise, the following terms, phrases, and their derivations shall have
the meanings given below unless the context clearly mandates a different interpretation. Where
the context so indicates, the present tense shall imply the future tense, words in plural include the
singular, and words in singular include the plural. The word “shall” is always mandatory, not
merely directory, and the word “may” is discretionary. In the event that the meaning of any word
or phrase not defined in this Section is uncertain, the definitions contained in FCC rules and
regulations shall apply.
2.1 “Access” means the availability for Non-Commercial use by various governmental and
educational agencies, institutions, and organizations in the community, including the City
and its designees, of a particular Channel on the Cable System to distribute programming to
Subscribers, as permitted under applicable law.
A. “Educational Access” means Access where Schools are the primary users having editorial
control over programming and services.
B. “Government Access” means Access where governmental institutions or their designees
are the primary users having editorial control over programming and services.
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 5 of 51
C. "Public Access" means Access for the public, including organizations, groups and
individuals.
2.2 “Access Channel” means any Channel or portion of a Channel on a Cable System required
by the Franchise to be set aside by the Grantee for public, education, or governmental use.
2.3 “Affiliated Entity” means, when used in connection with Grantee, any Person who owns or
controls, is owned by or controlled by, or is under common ownership or control with
Grantee.
2.4 "Basic Service" means the lowest Tier of Cable Service that includes, at a minimum, the
retransmission of local television broadcast signals.
2.5 “Cable Act” shall mean the Communications Act of 1934, including the Cable
Communications Policy Act of 1984, as amended by the Cable Television Consumer
Protection and Competition Act of 1992, and the Telecommunications Act of 1996, any
and amendments thereto.
2.6 "Cable Operator" means any Person or group of Persons (A) who provides Cable Services
over a Cable System and directly or through one or more affiliates owns a significant
interest in such Cable System, or (B) who otherwise controls or, through any arrangement,
is responsible for the management and operation of such a Cable System.
2.7 “Cable Service” means
A. The one-way transmission to Subscribers of (1) Video Programming or (2) other
Programming service, and
B. Subscriber interaction, if any, that is required for the selection or use of such Video
Programming or other Programming service.
2.8 “Cable System” means Grantee’s Facilities within the Franchise Area, consisting of a set of
closed transmission paths and associated signal generation, reception and control
equipment that is designed to provide Cable Service, which includes Video Programming,
and which is provided to multiple Subscribers within a community, but such term does not
include:
A. A facility that serves only to retransmit the television signals of one or more television
broadcast stations;
B. A facility that serves Subscribers without using any public right-of-way;
C. A facility of a common carrier which is subject, in whole or in part, to the provisions of
Title II of the federal Communications Act (47 U.S.C. § 201 et seq.), except that such
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 6 of 51
facility shall be considered a Cable System (other than for purposes of 47 U.S.C. 541(c))
to the extent such facility is used in the transmission of Video Programming directly to
Subscribers, unless the extent of such use is solely to provide interactive on-demand
services;
D. An open video system that complies with 47 U.S.C. § 573; or
E. Any facilities of any electric utility used solely for operating its electric utility systems.
2.9 "Channel" means a portion of the electromagnetic frequency spectrum which is used in a
Cable System and which is capable of delivering a television channel, whether delivered in
an analog or digital format.
2.10 "City Council" means the legislative body of the City of Auburn.
2.11 “Complaint” means a Subscriber’s verbal or written contact with the Grantee to express a
grievance or dissatisfaction concerning Cable Service that are not within the regulatory
control of the City and does not include issues that are promptly resolved to the
Subscriber’s satisfaction.
2.12 “Designated Access Provider” means the entity or entities designated by the City to
manage or co-manage the Access Channel and facilities, and may include the City as a
Designated Access Provider.
2.13 "Demarcation Point" means the physical point at which the Cable System enters a
Subscriber's home or building.
2.14 "Document" or "Records" means written or graphic materials, however produced or
reproduced, or any other tangible permanent documents, including those maintained by
computer or other electronic or digital means, maintained by the Grantee in the ordinary
course of conducting its business.
2.15 "Dwelling Unit" means any building, or portion thereof, that has independent living
facilities, including provisions for cooking, sanitation and sleeping, designed for residential
occupancy.
2.16 "Effective Date" means the Effective Date of this Franchise pursuant to subsection 3.4.
2.17 “Facility” means any distribution or component of the Cable System.
2.18 "FCC" means the Federal Communications Commission or its lawful successor.
2.19 "Franchise Area" means the area within the jurisdictional boundaries of the City, including
any areas annexed by the City during the term of this Franchise.
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 7 of 51
2.20 "Franchise Fee" means consideration paid by Grantee for the privilege to construct and/or
operate a Cable System in the Franchise Area as set forth in accordance with Section 622
of the Cable Act.
2.21 "Gross Revenues" means, for purposes of Franchise Fee calculations, all revenue received
by the Grantee, in whatever form and from all sources, derived from the operation of the
Grantee’s Cable System to provide Cable Services, in the Franchise Area.
A. Gross Revenues include, by way of illustration and not limitation, monthly fees charged
to Subscribers for Cable Services, including Basic Service and all other Tiers of Cable
Service, Pay-Per-View Service, Cable Service installation, disconnection, change-in-
service and reconnection fees, Leased Access Channel fees, late fees, payments received
by Grantee from programmers for carriage of Cable Services on the Cable System and
recognized as revenue under generally accepted accounting principles (GAAP), revenues
from rentals of Cable System equipment such as converters, advertising revenues,
advertising sales commissions if recognized as revenue under GAAP, additional outlet
fees, Franchise Fees, and revenues from home shopping Channels.
B. Gross Revenues shall not include Bad Debt, provided that all or part of any such Bad
Debt that is written off but subsequently collected shall be included in Gross Revenues in
the period collected, or revenues received from telecommunications services.
C. Gross Revenues shall be determined without deduction for (1) any operating expense; (2)
any accrual; or (3) any other expenditure, regardless of whether such expense, accrual or
expenditure reflects a cash payment, and revenue shall be counted only once in
determining Gross Revenues.
D. Gross Revenues also does not include capital contributions, taxes on services furnished
by Grantee which are imposed directly on any Subscriber or user by the State, City or
other governmental unit and which are collected by Grantee on behalf of said
governmental unit, excluding Franchise Fees.
E. This definition shall be construed so as to include all Gross Revenues to the maximum
extent permitted by federal and State law, except to the extent specifically excluded in
this subsection, and encompasses revenues that may develop in the future, whether or not
anticipated.
F. If a statutory change in State or federal law, or a decision of the FCC or a court of
competent jurisdiction expands the categories of revenue available to the City for the
Franchise Fee assessment beyond those permitted under this definition as of the Effective
Date, that change shall automatically be included in the definition of Gross Revenues
under this Franchise, provided that the City imposes the same requirement upon any other
similarly situated multichannel video provider over which the City has jurisdiction and
authority to impose such fees.
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 8 of 51
2.22 "Headend" means Grantee’s primary facility for signal reception and dissemination on the
Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers,
modulators, processors, and other related equipment.
2.23 "Leased Access Channel" means a Channel or portion of a Channel made available by
Grantee for Programming by others for a fee.
2.24 “Liquidated Damages” means any requirement imposed on the Grantee to pay specified
sums to the City as a result of performance deficiencies and/or Franchise violations, as
described in Section 13.8.
2.25 "Non-Cable Services" means any service that is distributed over the Cable System, other
than a Cable Service.
2.26 “Normal Business Hours” means those hours during which most similar businesses in the
community are open to serve customers.
2.27 "Normal Operating Conditions" means service conditions within the control of the Grantee.
Those conditions that are not within the control of the Grantee include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone network outages, and
severe or unusual-weather conditions. Those conditions that are ordinarily within the
control of the Grantee include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and maintenance or
Upgrade of the Cable System.
2.28 “Parent Corporation" means any existing or future corporation, entity, or Person with
greater than fifty percent (50%) ownership or control over Grantee.
2.29 “Pay-Per-View” service means programming offered on a per-program or per-event basis
for which a separate fee is charged.
2.30 "PEG Access" means Public Access, Educational Access, and Government Access, jointly
or severally.
2.31 "Person" means any individual, partnership, association, joint stock company, trust,
corporation or governmental entity.
2.32 “Right-of-Way” or “Rights-of-Way” means the surface of, and the space above and below,
any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way,
lane, public way, drive, circle or other public Right-of-Way, including, but not limited to,
general public utility easements, or Right-of-Way dedicated for compatible uses now or
hereafter held by the City in the Franchise Area, which shall entitle the Grantee to the use
thereof for the purpose of installing, operating, repairing, upgrading and maintaining the Cable
System. Right-of-Way shall also mean any easement now or hereafter held by the City within
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 9 of 51
the Franchise Area for the purpose of utility or public service use dedicated for compatible
uses.
2.33 “School” means an y State accredited public educational institution including, for example,
primary and secondary Schools (K-12).
2.34 “State” means the State of Washington.
2.35 “Subscriber” means any Person who lawfull y receives Cable Service provided b y
Grantee by means of the Cable System and whose premises are physically wired and
lawfull y activated to receive Cable Service from Grantee’s Cable System.
2.36 “Tier” means a group of Channels for which a separate periodic rate is charged.
2.37 “Video Programming” means programming provided b y, or generall y considered
comparable to programming provided b y television broadcast station.
SECTION 3: GRANT OF FRANCHISE
3.1 Grant of Franchise
A. The City hereby grants to Grantee a nonexclusive Franchise authorizing Grantee to
construct and operate a Cable System in, along, among, upon, across, above, over, under
or in any Right-of-Ways within the Franchise Area for the purpose to install such wires,
cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment and to use existing poles as may be
necessary or appurtenant for the deployment of Cable Services over the Cable System.
This Franchise is subject to and shall be governed by all applicable provisions now
existing or hereafter amended of federal, State and local laws and regulations, except as
specifically provided for within this Franchise.
B. This Franchise expressly authorizes Grantee to provide only Cable Services as allowed
by applicable law, and to construct, operate, or maintain Cable System facilities in the
Franchise Area. This Franchise is not a bar on Grantee’s provision of non-Cable Services.
This Franchise does not relieve Grantee of any obligation it may have to comply with any
local, state or federal requirements that lawfully apply to non-cable services.
C. This Franchise shall constitute both a right to provide the Cable Services required by, and
to fulfill the obligations set forth in, the provisions of this Franchise.
D. Grantee guarantees, as a condition of exercising the privileges granted by this Franchise,
that any Affiliated Entity of the Grantee directly involved in the offering of Cable Service
in the Franchise Area, will also comply with the obligations of this Franchise.
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 10 of 51
E. Unless otherwise stated in this Franchise, in the event of a conflict between the Auburn
City Code and this Franchise, this Franchise shall control, and shall not be unilaterally
altered by the City through subsequent ordinance, regulation, resolution, or other
enactment of the City, except within the lawful exercise of the City’s police power.
1. Grantee acknowledges, without waiving its right to challenge any City ordinance or
regulation that conflicts with its rights under this Franchise, that its rights hereunder
are subject to the police powers of the City to adopt and enforce ordinances necessary
to protect the health, safety, and welfare of the public, and Grantee agrees to comply
with all applicable laws and ordinances enacted by the City pursuant to such power.
2. This Franchise shall not be interpreted to prevent the City from lawfully imposing
additional conditions, including additional compensation conditions for use of the
rights-of-way.
3. No rights shall pass to Grantee by implication and this Franchise shall not include,
nor be a substitute for:
a. Any other permit or authorization required for the privilege of transacting and
carrying on a business within the City that may be required by the ordinances and
laws of the City;
b. Any permit, agreement, or authorization required by the City for rights-of-way
users in connection with operation on or in rights-of-way or public property,
including, by way of example and not limitation, construction or excavation
permits; or
c. Any permits or agreements for occupying any other property of the City or private
entities to which access is not specifically granted by this Franchise including,
without limitation, permits and agreements for placing devices on poles, in
conduits or in or on other structures.
F. This Franchise is intended to convey limited rights and interests only as to those rights-
of-way in which the City has a proprietary interest, is not a warranty of title or interest in
any rights-of-way, does not provide the Grantee with any interest in any particular
location within the rights-of-way, and does not confer rights other than as expressly
provided in the grant hereof.
G. This City has granted this Franchise in reliance upon the Grantee’s business skill,
reputation, financial capacity, and character and may not be assigned, transferred,
conveyed, or otherwise encumbered without the express written consent of the City
pursuant to Section 15 of this Franchise.
3.2 Use of Rights-of-Way
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A. Any privilege claimed under this Franchise in any right-of-way shall be subordinated to
any prior lawful occupancy of the right-of-way.
B. Within parameters reasonably related to the City’s role in protecting the public health,
safety, and welfare, the City may require, through the permitting process, that the Cable
System Facilities be installed at a particular time, at a specific place, or in a particular
manner as a condition of access to a particular right-of-way and may deny access if
Grantee is not willing to comply with the City’s requirements.
3.3 Term
A. The term of this Franchise, and all rights, privileges, obligations, and restrictions
pertaining thereto, shall be ten (10) years from the Effective Date of this Franchise,
unless terminated earlier as provided herein.
B. The City and Grantee agree that any proceedings undertaken relative to the renewal of
this Franchise shall be governed by and comply with the provisions of 47 U.S.C. § 546
and applicable ACC.
C. If Grantee requests renewal of this Franchise in accordance with the provisions of Section
626 of the Cable Act prior to the expiration of its term or any extension thereof, the
Franchise automatically continues month to month until renewed or until either party
gives written notice at least one hundred eighty (180) days in advance of the intent not to
renew the Franchise.
3.4 Acceptance and Effective Date
A. This Franchise, and any rights granted hereunder, shall not become effective for any
purpose unless and until Grantee files with the City Clerk (1) the Statement of
Acceptance, Attached hereto as Exhibit A, and incorporated herein by this reference, (2)
all verifications of insurance coverage specified under Section 6.3, (3) the security
specified in Section 6.4, and (4) any outstanding application fees per the City fee
schedule. These four items shall collectively be the “Franchise Acceptance.” The
Effective Date of this Franchise shall be the date upon which the City Clerk Receives the
Franchise Acceptance.
B. Should Grantee fail to file the Franchise Acceptance with the City Clerk within sixty (60)
days after this Franchise is approved by City Council, this Franchise shall be null and
void.
3.5 Franchise Nonexclusive
This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements,
permits or licenses granted by the Cit y to an y Person to use an y propert y for any
purpose whatsoever, including the right of the City to use the same for any purpose it
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deems fit, including the same or similar purposes allowed Grantee hereunder, and the City
may at any time grant authorization to use the Rights-of-Way for an y purpose not
incompatible with Grantee’s authority under this Franchise and for such additional
franchises for cable systems as the City deems appropriate.
3.6 Effect of Acceptance
By accepting this Franchise, Grantee: (A) acknowledges and accepts the City’s legal right to
issue and enforce the Franchise; (B) agrees that it will not oppose the City’s intervening, to
the extent the City is legally entitled to do so, in any legal or regulatory proceeding affecting
the Cable System; (C) accepts and agrees to comply with each and every provision of this
Franchise; and (D) agrees that the Franchise was granted pursuant to processes and
procedures consistent with applicable law, and that it will not raise any claim to the contrary.
3.7 Modifications to this Franchise
A. This Franchise is subject to the lawful terms and conditions of the Auburn City Code, as
the same is now or is hereafter amended by the lawful exercise of the City’s police
powers.
B. This Franchise may be amended at any time by mutual written agreement of the parties
for any reason.
C. Competitive Equity:
1. The City reserves the right to grant additional franchises or similar authorizations to
provide Video Programming services via Cable Systems or similar wireline systems
located in the Right of Way. The City intends to treat wireline competitors in a
nondiscriminatory manner in keeping with federal law. If, following the Effective
Date of this Franchise, the City grants such an additional franchise or authorization to
use the Right of Way to provide such services and Grantee believes the City has done
so on terms materially more favorable than the obligations under this Agreement,
then the provisions of this subsection will apply.
2. As part of this Franchise, the City and Grantee have mutually agreed upon the
following terms as a condition of granting the Franchise, which terms may place the
Grantee at a significant competitive disadvantage if not required of a wireline
competitor: the Franchise Fee, PEG Access funding, PEG Access Channels, records
and reports, and customer service obligations (hereinafter “Material Obligations”).
The City and Grantee agree that these Material Obligations bear no relationship to the
technology employed by the Grantee or a wireline competitor and as such can
reasonably be expected to be applied fairly across all wireline competitors. The City
and Grantee further agree that this provision shall not require a word for word
identical franchise or authorization for competitive equity so long as the regulatory
and financial burdens on each entity are generally equivalent.
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3. Within one (1) year of the adoption of a wireline competitor’s franchise or similar
authorization, Grantee must notify the City in writing of the Material Obligations in
this Franchise that exceed the Material Obligations of the wireline competitor’s
franchise or similar authorization. The City shall have one hundred twenty (120) days
to agree to allow Grantee to adopt the same Material Obligations provided to the
wireline competitor, or dispute that the Material Obligations are different. In the event
the City disputes that the Material Obligations are different, Grantee may bring an
action in federal or State court for a determination as to whether the Material
Obligations are different and as to what Franchise amendments would be necessary to
remedy the disparity. Alternatively, Grantee may notify the City that it elects to
immediately commence the renewal process under 47 U.S.C. § 546 and to have the
remaining term of this Franchise shortened to not more than thirty (30) months.
4. Nothing in this subsection is intended to alter the rights or obligations of either party
under applicable federal or State law, and it shall only apply to the extent permitted
under applicable law and FCC orders. In no event will the City be required to refund
or to offset against future amounts due the value of benefits already received.
5. This provision does not apply if the City is ordered or required to issue a franchise on
different terms and conditions, or it is legally unable to do so; and the relief is
contingent on the new Cable Operator actually commencing provision of service in
the market to its first customer. Should the new Cable Operator fail to continuously
provide service for a period of six (6) months, the City has the right to implement this
Franchise with its original terms upon one hundred eighty (180) days’ notice to
Grantee.
6. This subsection does not apply to open video systems, nor does it apply to common
carrier systems exempted from franchise requirements pursuant to 47 U.S.C. § 571;
or to systems that serve less than 5% (five percent) of the geographic area of the City;
or to systems that only provide video services via the public Internet.
SECTION 4: FRANCHISE FEES AND FINANCIAL CONTROLS
4.1. Franchise Fees
As compensation for the use of the City’s Rights-of-Way, Grantee shall pay as a Franchise
Fee to the City, throughout the duration of this Franchise, an amount equal to five percent
(5%) of Grantee’s Gross Revenues, which shall commence on the Effective Date of this
Franchise.
4.2. Payments
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Grantee’s Franchise Fee payments to the City shall be computed quarterly for the preceding
quarter. Each payment shall be due and payable no later than thirty (30) days after the end of
the preceding quarter, after which time interest will accrue. The quarters shall end
respectively on the last day of March, June, September and December.
4.3. Acceptance of Payment
No acceptance of any payment shall be construed as an accord by the City that the amount
paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a
release of any claim the City may have for further or additional sums payable or for the
performance of any other obligation of Grantee.
4.4. Franchise Fee Reports
Each payment shall be accompanied by a written report to the City, verified by an authorized
representative of Grantee, containing an accurate statement in summarized form which
includes a breakdown by category of Grantee’s Gross Revenues and the computation of the
payment amount.
4.5. Audits
A. Upon forty-five (45) days prior written notice, the City shall have the right to conduct an
annual independent audit of Grantee’s records necessarily related to the enforcement of
this Franchise and to re-compute any amounts determined to be payable under this
Franchise.
1. If Grantee cooperates in making all relevant records available to the City, the City
will attempt to complete each audit within six (6) months, and the audit period shall
be no greater than the previous three (3) years, unless the City has information
relating to previous years beyond the three (3) years which raises doubt as to the
accuracy of payments made under this or previous franchises, in which case an
additional three (3) years may be audited.
2. Any undisputed amounts due to the City as a result of the audit shall be paid within
sixty (60) days following written notice to the Grantee by the City, which notice shall
include a copy of the audit findings.
3. If the audit shows that Franchise Fees have been underpaid by five percent (5%) or
more in any calendar year, Grantee shall pay for the cost of the audit up to five
thousand dollars ($5,000) per year being audited for a maximum of 3 years.
B. If Grantee disputes all or part of the audit findings, then the parties shall meet in an
attempt to resolve the matter. If the parties are unable to resolve the matter, then either of
the parties may refer that matter to non-binding arbitration. Each party shall bear one-
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half of the costs and expenses of the arbitration proceedings. The decision of the
arbitrator(s) shall be subject to judicial review at the request of either party.
4.6. Late Payments
In the event any payment due the City is not timely made, Grantee shall pay, in addition to
the amount due, interest at the rate of twelve percent (12%) per annum from the payment due
date until the City receives the payment.
4.7. Underpayments
If a Franchise Fee underpayment is discovered as the result of an audit, Grantee shall pay, in
addition to the amount due, interest at the rate of twelve percent (12%) per annum calculated
from the date the underpayment was originally due until the date the City receives the
payment.
4.8. Maximum Franchise Fees
A. The parties acknowledge that, at present, applicable federal law limits the City to
collecting a franchise fee of five percent (5%) of Gross Revenues in a 12-month period.
B. In the event that at any time throughout the term of this Franchise, the City is authorized
to collect an amount in excess of five percent (5%) of Grantee’s Gross Revenues and the
City elects to do so, then this Franchise shall be amended by the parties consistent with
such change provided however that all other Cable Operators within the Franchise Area
are treated similarly.
C. In the event that at any time throughout the term of this Franchise, the City may only
collect an amount which is less than five percent (5%) of Grantee's Gross Revenues for
franchise fees due to a change in federal law, then this Franchise shall be amended by the
parties consistent with such change to provide for such lesser percentage.
4.9. Additional Commitments Not Franchise Fees
A. No term or condition in this Franchise shall in any way modify or affect Grantee’s
obligation to pay in full the Franchise Fee percentage listed in this Franchise. Although
the total sum of Franchise Fee payments and additional Access capital contribution
commitments set forth elsewhere in this Franchise may total more than five percent (5%)
of Grantee’s Gross Revenues in any 12-month period, Grantee agrees that the additional
Access capital contribution commitments are excluded from the definition of Franchise
Fee herein and are not Franchise Fees, nor are they to be offset or credited against any
Franchise Fee payments due to the City, nor do they represent an increase in Franchise
Fees to be passed through to Subscribers.
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B. Additionally, any security fund, performance bond or letter of credit shall not be offset
against Franchise Fees. Furthermore, the City and Grantee agree that any utility tax,
business and occupation tax or similar generally applicable tax or fee shall be in addition
to any Franchise Fees required herein and there shall be no offset against Franchise Fees
subject to applicable law.
C. If Grantee elects to offset certain non-cash commitments or initiatives against the
Franchise Fee in accordance with applicable law, Grantee will provide the City ninety
(90) days’ advance written notice, to include a detailed schedule of the amount it intends
to offset, and the cost basis for each schedule item. The City will have eighty (80) days
from receipt of Grantee’s notice to respond. The City reserves the right to terminate
Grantee’s provision of any non-cash commitments or initiatives.
4.10. Payment on Termination
A. If this Franchise is lawfully terminated, the Grantee shall file with the City within ninety
(90) days of the date of the termination, a financial statement, prepared by a certified
public accountant, or representative of the Grantee’s Controller or Chief Financial
Officer, showing the Gross Revenues received by the Grantee since the end of the
previous fiscal year.
B. Within thirty (30) days of the filing of the statement with the City, Grantee shall pay any
unpaid Franchise Fee amounts as indicated.
C. If the Grantee fails to pay its remaining financial obligations as required in this Franchise,
the City may satisfy the same by utilizing the funds from any security provided by the
Grantee.
4.11. Tax Liability
The Franchise Fees shall be in addition to any and all taxes or other levies or assessments
which are now or hereafter required to be paid by businesses in general by any law of the
City, the State or the United States including, without limitation, sales, use, utility,
occupation and other taxes, business license fees or other payments.
4.12. Bundling of Cable and Non-Cable Services
In no event will the Grantee unlawfully evade or reduce applicable Franchise Fee payments
required to be made to the City due to discounted bundled services. Customer billing shall be
itemized by service(s), and Grantee shall comply with all applicable laws regarding rates for
Cable Services and all applicable laws covering issues of cross subsidization.
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SECTION 5: ADMINISTRATION AND REGULATION
5.1. Authority
The City shall be vested with the power and right to administer and enforce the requirements
of this Franchise and the regulations and requirements of applicable law, including the Cable
Act, or to delegate that power and right, or any part thereof, to the extent permitted under
law, to any agent in the sole discretion of the City.
5.2. Rate Regulation
All rates, fees, charges, deposits and associated terms and conditions to be imposed by the
Grantee or any affiliated Person for any Cable Service as of the effective date shall be in
accordance with applicable law.
5.3. Low Income Discount
As long as the Grantee offers Basic Service, the Grantee intends to offer a discount to those
individuals who are low income (according to applicable federal guidelines) and either
permanently disabled or 65 years of age or older and who are the legal owners or tenants of
the Dwelling Unit. Such discounts will consist of thirty percent (30%) off of Basic Service
or the Basic Service portion of digital service packages when not discounted by inclusion in
other promotional or programming package rates at which time the promotional or
programming package rate will apply.
The City acknowledges that discounted services reflect a voluntary initiative on the part of
Grantee, and is not a requirement of this franchise. Subject to applicable law, should
Grantee elect to discontinue the low income discount, Grantee shall first provide the City
with ninety (90) days’ prior notice.
5.4. Performance Evaluations
A. Upon thirty (30) days written notification, the City may hold performance evaluation
sessions, no more than once every twelve months, whenever necessary to ensure proper
performance of the provisions of this Franchise.
B. All evaluation sessions shall be open to the public.
C. Topics which may be discussed at any evaluation session include, but are not limited to,
construction issues, Cable Service rate structures, Franchise Fee payments, liquidated
damages, free or discounted Cable Service, application of new technologies, Cable
System performance, Cable Services currently provided and programming offered, future
plans of Grantee for new services or programs, Subscriber Complaints, privacy,
modifications to this Franchise, judicial and FCC rulings, line extension policies and the
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City’s or Grantee’s rules; provided that nothing in this subsection shall be construed as
requiring the renegotiation of this Franchise.
D. During evaluations under this subsection, Grantee shall fully cooperate with the City and
shall provide such information and documents as the City may reasonably require to
perform the evaluation.
5.5. Leased Access Channel Rates
Grantee shall offer Leased Access Channel capacity on such terms and conditions and rates
as may be negotiated with each lessee, subject to the requirements of Section 612 of the
Cable Act. Upon request, Grantee shall provide a complete schedule of current rates and
charges for any and all Leased Access Channels or portions of such Channels provided by
Grantee.
5.6. Late Fees
For purposes of this subsection, any assessment, charge, cost, fee or sum, however
characterized, that Grantee imposes upon a Subscriber solely for late payment of a bill is a
late fee and changes in late fee rates shall be noticed to the City and applied in accordance
with applicable law.
SECTION 6: INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1. Indemnification
A. Indemnity: Grantee agrees to indemnify, defend and hold harmless the City, its elected
officials, officers, authorized agents, boards, volunteers and employees, acting in official
capacity, from and against any liability, damages or claims, costs, expenses, settlements
or judgments arising out of, or resulting from the granting of this Franchise or Grantee’s
activities, any casualty or accident to Person or property that occurs as a result of any
construction, excavation, operation, maintenance, reconstruction, relocation, or any other
act or omission done pursuant to the terms of this Franchise, provided that the City shall
give Grantee timely written notice of its obligation to indemnify the City.
Notwithstanding the foregoing, Grantee shall not indemnify the City to the extent that
any damages, liability or claims resulting from the willful misconduct, concurrent
negligence of the City, its officers, authorized agents, or employees, attorneys,
consultants, volunteers, or independent contractors for which the City is legally
responsible, or for any activity or function conducted by any Person other than Grantee in
connection with PEG Access and/or Emergency Alert System.
B. Indemnification for Relocation: Grantee shall indemnify, defend and hold the City, its
elected officials, officers, authorized agents, boards, volunteers, and employees harmless
for any damages, claims, additional costs, or expenses payable by the City related to,
arising out of, or resulting from Grantee’s failure to remove, adjust or relocate any of its
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facilities in the Rights-of-Way in a timely manner in accordance with any lawful
relocation required by the City; including, but not limited to, claims for delay, damages,
costs, and/or time asserted by any contractor performing public work for or on behalf of
the City.
C. Procedures and Defense: With respect to Grantee’s indemnity obligations set forth herein,
Grantee shall provide the defense of any claims or actions brought against the City or any
other indemnified party. Nothing herein shall be deemed to prevent the City from
cooperating with Grantee and participating in the defense of any litigation by its own
counsel at its own cost and expense; provided, however, that after consultation with the
City, Grantee shall have the right to defend, settle or compromise any claim or action
arising hereunder, and Grantee shall have the authority to decide the appropriateness and
the amount of any such settlement. However, Grantee may not agree to any settlement of
claims financially affecting the City without the City’s written approval that shall not be
unreasonably withheld.
D. Duty to Give Notice: The City shall give Grantee timely written notice of any claim or of
the commencement of any action, suit or other proceeding covered by the indemnity in
this Section. The City’s failure to so notify and request indemnification shall not relieve
Grantee of any liability that Grantee might have, except to the extent that such failure
prejudices Grantee’s ability to defend such claim or suit. In the event any such claim
arises, the City or any other indemnified party shall tender the defense thereof to Grantee
and Grantee shall have the obligation and duty to defend any claims arising thereunder,
and the City shall cooperate fully therein.
E. Separate Representation: If separate representation to fully protect the interests of both
parties is necessary, such as a conflict of interest between the City and the counsel
selected by Grantee to represent the City, Grantee shall pay for the City’s selected
counsel, from the date such separate representation is required forward, all reasonable
expenses incurred by the City in defending itself with regard to any action, suit, or
proceeding indemnified by Grantee.
F. Inspection: Inspection or acceptance by the City of any work performed by Grantee at the
time of completion of construction or maintenance projects shall not be grounds for
avoidance of any of these covenants of indemnification.
6.2. Grantee’s Further Responsibilities.
A. Grantee shall indemnify and hold harmless the City from any workers’ compensation
claims to which Grantee may become subject during the Term of this Franchise. It is
further specifically and expressly understood that, solely to the extent required to enforce
the indemnification provided per this Franchise, Grantee waives its immunity under
RCW Title 51; provided, however, the foregoing waiver shall not in any way preclude
Grantee from raising such immunity as a defense against any claim brought against
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Grantee by any of its employees or other third party. This waiver has been mutually
negotiated by the parties.
B. Grantee’s indemnification obligations shall include indemnifying the City for actions
brought by Grantee’s own employees and the employees of Grantee’s agents,
representatives, contractors, and subcontractors even though Grantee may be immune
under Title 51 RCW from direct suit brought by such employee.
6.3. Insurance Requirements
A. Grantee shall maintain in full force and effect at its own cost and expense each of the
following policies of insurance or equivalent self-insurance.
B. Grantee shall maintain:
1. Commercial General Liability (“CGL”) insurance written on an occurrence form at
least as broad as ISO CG 00 01, with Minimum Limits of Liability: $5,000,000.00 per
occurrence, $5,000,000.00 premises/operations, products/completed operations
aggregate, personal/advertising inquiry liability, contractual liability, and independent
contractors liability; and shall not exclude XCU/subsidence perils or any similar
perils;
2. Automobile Liability insurance at least as broad as ISO CA 00 01 including coverage
for owned, non-owned, leased, or hired vehicles, as applicable, with a minimum limit
of $5,000,000.00 each accident for bodily injury and property damage;
3. Workers’ Compensation insurance for the State as required by Title 51, Revised Code
of Washington, Industrial Insurance, $5,000,000.00 each accident/ each disease/
policy limit employers liability/Washington stop gap; and
4. Excess or Umbrella Liability: $5,000,000 each occurrence and $5,000,000 policy
limit.
C. Additional Insured: The City its officers, employees, authorized agents, and volunteers
shall be included as an additional insured under each of the insurance policies required in
this Section except Workers’ Compensation Insurance. Except for Workers’
Compensation and employer’s liability, all insurance policies required hereunder shall
provide or be endorsed so that the City is covered as, and have the rights of, an additional
insured with respect to liability arising out of activities performed by, or on behalf of,
Grantee under this Franchise or applicable law, or in the construction, operation, upgrade,
maintenance, repair, replacement or ownership of the Cable System. Grantee shall
provide to the City either (1) a copy of an endorsement covering the City as an Additional
Insured for each insurance policy required in this Section and providing that such
insurance shall apply as primary insurance on behalf of such Additional Insureds or (2) a
copy of the blanket additional insured clause from the policies. Receipt by the City of
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any certificate showing less coverage than required is not a waiver of Grantee’s
obligations to fulfill the requirements. Grantee’s insurance coverage shall be primary
insurance with respect to the City. Any insurance or self-insurance maintained by the
Additional Insureds shall be in excess of Grantee’s insurance and shall not contribute to
it. Grantee’s insurance shall apply separately to each insured against whom a claim is
made or lawsuit is brought, except with respect to the limits of the insurer’s liability.
D. Coverage: Each policy shall provide that the insurance shall not be canceled or
terminated so as to be out of compliance with these requirements without forty-five (45)
days written notice first provided to the City via mail, and thirty (30) days’ notice for
nonpayment of any premium. If the insurance is canceled or terminated so as to be out of
compliance with the requirements of this Franchise, Grantee shall provide a replacement
policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at
least the amounts required, until all work required to be performed under the terms of this
Franchise is satisfactorily completed and, in the case of Commercial General Liability
Insurance, for at least one (1) year after expiration of this Franchise. Any failure of
Grantee to comply with the claim reporting provisions of the policy(ies) or any breach of
an insurance policy warranty shall not affect coverage afforded under the policy to
protect the City. However, if coverage is not afforded under these circumstances,
Grantee will indemnify the City for losses the City otherwise would have been covered
for as an additional insured.
E. Alternative Insurance: Grantee shall not cancel any required insurance policy without
obtaining alternative insurance in conformance with this Franchise. Each of the required
insurance policies shall be with insurers qualified to do business in the State of
Washington with a Best’s rating of no less than “A- VII.”
F. Verification of Coverage: In addition to the other requirements of this Section, Grantee
shall furnish the City with certificates of insurance reflecting at least the minimum
coverage and policy limits required hereunder. The certificates for each insurance policy
are to be on standard forms or such forms as are consistent with standard industry
practices.
G. Grantee’s policy shall not include any of the following endorsements, or their equivalent
endorsements or exclusions:
1. Contractual liability limitation (GCL Form 21 39 or equivalent),
2. Amendment of insured contract definition (CGL Form 24 26 or equivalent),
3. Limitation of coverage to designated premises or project (CGL Form 21 44 or
equivalent),
4. Any endorsement modifying or deleting the exception to the employer’s liability
exclusion,
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5. Any “Insured vs. Insured” or “cross-liability” exclusion with respect to additional
insureds, and
6. Any type of punitive, exemplary or multiplied damaged exclusion.
H. Evidence of insurance shall be in the form of a certificate of insure evidencing
compliance with these requirements.
6.4. Franchise Security
A. Grantee shall provide a performance bond, in a form acceptable to the City, in the amount
of One Hundred Fifty thousand dollars ($150,000.00) to ensure the faithful performance
of its responsibilities under this Franchise and applicable law. Grantee may be required
to obtain additional security, such as generally applicable construction bonds, in
accordance with the City’s permitting requirements. Grantee shall pay all premiums or
costs associated with maintaining the security, and shall keep the same in full force and
effect at all times and shall immediately replenish the bond upon foreclosure. Except as
expressly provided herein or as otherwise specified in the City’s construction permitting
requirements, the Grantee shall not be required to obtain or maintain other security as a
condition of being awarded the Franchise. Grantee shall not cancel the performance bond
without obtaining an alternative performance bond in conformance with this Franchise.
B. The security shall be subject to the approval of the City Engineer as to its adequacy under
the requirements of this Section.
C. In the event Grantee shall fail to substantially comply with any one or more of the
provisions of this Franchise, then there shall be recovered, jointly and severally, any
damages suffered by the City as a result thereof, including but not limited to, staff time,
material and equipment costs, compensation or indemnification of third parties, and the
cost of removal or abandonment of Facilities.
D. The security required by this Section shall not be construed to limit Grantee’s liability to
the guarantee amount, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
SECTION 7: CUSTOMER SERVICE
7.1. Customer Service Standards
The City hereby adopts the customer service standards set forth in Part 76, §76.309 of the
FCC’s rules and regulations, as amended. The Grantee shall comply in all respects with the
customer service requirements established by the FCC.
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7.2. Subscriber Privacy
Grantee shall comply with privacy rights of Subscribers in accordance with federal, State,
and local laws.
SECTION 8: REPORTS AND RECORDS
8.1. Open Records
A. The City shall have access to, and the right to inspect, any books and records of Grantee
and its Affiliates which are reasonably necessary to monitor and enforce Grantee’s
compliance with the provisions of this Franchise at Grantee’s regional business office,
during normal business hours, and without unreasonably interfering with Grantee’s
business operations.
B. The City may, in writing, request copies of any such records or books that are not
identified as proprietary or confidential, and Grantee shall provide such copies within
thirty (30) days of the transmittal of such request.
1. One copy of all reports and records required under this or any other Section shall be
furnished to the City at the sole expense of Grantee.
2. If the requested books and records are too voluminous, or identified as proprietary
and confidential, or for security reasons cannot be copied or removed, then the City
shall inspect them at Grantee’s regional office.
8.2. Confidentiality
A. Grantee shall not be required to disclose information to third parties that it reasonably
deems to be proprietary or confidential in nature, nor disclose books and records of any
affiliate of Grantee that is not providing Cable Service in the Franchise Area.
B. The City agrees to keep confidential any proprietary or confidential books or records of
Grantee to the extent permitted by law; provided that Grantee shall be responsible for
clearly and conspicuously identifying the records as confidential or proprietary, and shall
provide a brief written explanation as to why such information is confidential or
proprietary and how it may be treated as such under State or federal law.
C. Grantee shall not be required to provide Customer information in violation of Section 631
of the Cable Act or any other applicable federal or State privacy law.
1. For purposes of this subsection, the terms “proprietary or confidential” include, but
are not limited to, information relating to the Cable System design, as-built
documents, fiber optic cable locations and maps, customer lists, marketing plans,
financial information unrelated to the calculation of Franchise Fees or rates pursuant
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to FCC rules, or other information that is reasonably determined by Grantee to be
competitively sensitive.
2. If the City receives a demand from any Person for disclosure of any information
designated by Grantee as proprietary or confidential, the City shall, so far as
consistent with applicable law, advise Grantee and provide Grantee with a copy of
any written request by the Person demanding access to such information within five
(5) business days.
D. While it is not a legal obligation, the City, as a courtesy, will allow Grantee up to ten (10)
business days to obtain and serve the City with a court injunction to prevent the City from
releasing the Documents.
1. If Grantee fails to obtain a Court order and serve the City within the ten (10) business
days, the City may release the Documents.
2. The City will not assert an exemption from disclosure on Grantee’s behalf.
8.3. Maps and Records Required
Grantee shall make available to the City upon request:
1. A route map that depicts the general location of the Cable System facilities placed in the
Right-of-Ways. The route map shall identify Cable System facilities as aerial or
underground and is not required to depict cable types, number of cables, electronic
equipment, and service lines to individual Subscribers. The Grantee shall also provide,
if requested, an electronic format of the aerial/underground facilities in relation to a
Right-of-Way centerline reference to allow the City to add this information to City's
geographic information system program;
2. A copy of all FCC filings that relate to the operation of the Cable System in the
Franchise area; and
3. A list of Grantee’s Cable Services, rates, and Channel line-up.
8.4. Submittal of Documents
A. Upon written request, Grantee shall submit to the City a copy of any application,
notification, communication or document of any kind, submitted by Grantee or its
Affiliates to any federal, State or local courts, regulatory agencies and other
governmental bodies if such document directly relates to the operations of Grantee’s
Cable System within the Franchise Area.
B. Grantee shall submit such documents to the City no later than thirty (30) days after
receipt of the City’s request. Grantee shall not claim confidential, privileged or
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proprietary rights to such documents unless under federal, State, or local law such
documents have been treated as confidential or determined to be confidential by a court
of competent jurisdiction, or a federal or State agency.
8.5. Annual Reports
Upon request, thirty (30) days after the end of the first quarter, Grantee shall submit to the
City a written report containing the following information:
A. The most recently completed annual corporate report;
B. A Gross Revenue statement for the preceding fiscal year and all deductions and
computations for the period, reviewed by a certified public accountant, who may also be
the chief financial officer or controller of Grantee;
C. A summary of the previous years’ activities regarding the development of the Cable
System, including, but not limited to, homes passed, beginning and ending plant miles,
any technological changes occurring in the Cable System; and
D. An executive summary of Subscriber Complaints received in the previous year.
E. A description of planned construction, if any, for the current year.
SECTION 9: PROGRAMMING AND ACCESS
9.1. Broad Programming Categories
Grantee shall offer to all Subscribers a diversity of video programming services.
9.2. Parental Control Device
Upon request by any Subscriber, Grantee shall make available a parental control or lockout
device, trap or filter to enable a Subscriber to control access to both the audio and video
portions of any or all Channels. Grantee shall inform its Subscribers of the availability of the
lockout device at the time of their initial subscription and periodically thereafter. Such
devices, traps or filters will be provided at no charge to the Subscriber, unless otherwise
provided by federal law.
9.3. Access Channels
A. The Grantee shall provide to the City three (3) standard digital format PEG Channels for
Subscribers within the Franchise Area. The three PEG Channels shall include a
Government Access Channel currently being programmed by the City; the City’s
Educational Access Channel currently being programmed by the Puget Sound
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Educational Service; and the City’s Public Access Channel currently being programmed
by a designated access provider.
B. The City acknowledges that the Grantee’s Cable System provides additional benefits to
access programming needs beyond the requirements listed above. This is accomplished
through the inclusion of other regional access programming, including educational and
public access, within the regional channel line-up that services the Franchise Area. The
Grantee will endeavor to provide the Subscribers in the Franchise Area with the other
regional access channels so long as the programmers offer them for use on the Cable
System.
C. Simulcast High Definition Access Channel:
1. The Grantee agrees to simulcast the one (1) Government Access Channel in high-
definition (HD PEG Channel) format under the following conditions:
a. Upon the City’s request, the Grantee shall have twelve (12) months to activate the
simulcast HD PEG Channel.
b. The Grantee shall be responsible for all capital engineering costs associated with
fulfilling the request to activate the simulcast HD PEG Channels.
c. The City or any Designated Access Provider shall be responsible for acquiring all
equipment necessary to produce programming in HD.
d. Upon activation of the simulcast HD PEG Channel, Comcast shall own and
maintain the encoder equipment used to transmit the high-definition signal from
City Hall (the demarcation point).
e. The City shall provide the HD PEG Channel signal as specified by the Grantee’s
engineering standards, as amended by the Grantee from time to time because of
changes in technology.
2. The City acknowledges that the simulcast HD PEG Channel will be available only to
those Subscribers who elect to subscribe to Grantee’s high-definition Cable Service,
receive a high-definition set-top converter, and pay all fees associated therewith.
3. Grantee shall have sole discretion to determine the Channel placement of the
simulcast HD PEG Access Channel within its high-definition channel line-up.
9.4. Control and Connectivity of Access Channels
A. The City may authorize designated access providers to control, operate and manage the
use of any and all access facilities provided by Grantee under this Franchise, including,
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without limitation, the operation of Access Channels. The City or its designee may
formulate rules for the operation of the Access Channels, consistent with this Franchise.
B. Regarding the City’s and designated Access providers use of Access facilities and Access
Channels, Grantee shall fully cooperate with requests from the City, and provide all
necessary assistance related thereto.
C. As of the effective date of this Franchise, the Grantee maintains and shall continue to
maintain all existing fiber optic return line(s) to facilitate the City’s current Access
connectivity to Grantee’s Headend. If the City desires to relocate or expand the fiber
optic return line(s) to new location(s) over the term of this Franchise, upon one hundred
twenty (120) days written request by the City and at the City’s cost for Grantee’s
reasonable time and materials, the Grantee shall construct the requested new fiber optic
return line(s).
9.5. Location and Quality of Access Channels
A. All Access Channels provided to Subscribers under this Franchise shall be included by
Grantee as a part of the lowest Tier of service provided to all Subscribers in the Franchise
Areas or as otherwise provided by federal law. Grantee agrees to use reasonable efforts to
place the Access Channel in the same vicinity as other local government access channels.
B. The parties agree that it is the responsibility of the designated access provider(s) to
provide a quality PEG signal, to the Grantee at the point of demarcation, which meets or
exceeds the FCC technical standards. Notwithstanding the forgoing, the Grantee agrees
that it will deliver to subscribers a PEG signal of the same quality it receives from the
designated Access provider(s) without degradation and in accordance with the FCC
technical standards. There shall be no restriction on Grantee’s technology used to
deploy and deliver standard digital or high definition signals so long as the requirements
of the Franchise are otherwise met. FCC technical standards shall be used for all testing
and assessment of quality under this section.
C. The Grantee shall provide Headend and hub equipment and routine maintenance and
repair and replace, if necessary, any of Grantee’s equipment required to carry the Access
signal to and from the City’s and any other Access origination point and the Grantee’s
Headend and hubs for the Access Channels.
D. If Grantee makes a change in its Cable System and related equipment and facilities, or in
its signal delivery technology, which directly or indirectly affects the signal quality or
method or type of transmission of Access programming or services, Grantee shall take
necessary technical steps and provide necessary technical assistance, including the
acquisition of all necessary equipment and full training of access personnel, to ensure that
the capabilities of Access Channels and delivery of Access programming are not
diminished or adversely affected by such change. For example, live and taped
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programming must be cablecast with as good or better signal quality than existed prior to
such change.
E. Grantee shall provide as much notice as possible but not less than sixty (60) days advance
written notice to the City prior to any relocation of an Access Channels. In connection
with the movement of any of the City controlled Access Channels, Grantee shall provide
a bill message on subscriber’s bills.
9.6. Access Capital Contribution
A. Grantee shall collect and remit to the City, as support for any lawful capital PEG use,
thirty-five cents ($.35) per Subscriber per month, payable quarterly with Franchise Fees
as a “PEG Fee.” The PEG Fee shall not be treated as franchise fees for purposes of 47
U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from
franchise fee payments made to the City under this Franchise or applicable law.
B. The City shall have discretion to allocate the PEG Fee in accordance with applicable law.
To the extent the City makes access capital investments using City funds prior to
receiving the monthly PEG Fee funds, the City is entitled to apply the subsequent
monthly PEG Fee payments from Grantee toward such City capital investments. The
City agrees that the PEG Fee may be treated as external costs under applicable federal
law.
C. Upon the Grantee’s written request, the City shall submit a report no more frequently
than annually on the use of the City specific Access Channels and capital PEG Fee. The
City shall submit a report to the Grantee within one hundred twenty (120) days of a
written request. The Grantee may review the records of the City regarding the use of the
PEG Fee.
D. The City shall dedicate the time, personnel and other resources needed to operate the
Access Channels designated herein.
SECTION 10: GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION
10.1. Right to Construct
Subject to the other provisions of this Franchise, and applicable law, Grantee may perform all
construction in the Right-of-Ways for any facility needed for the maintenance, operation or
extension of Grantee's Cable System.
10.2. General Standard
All work authorized and required hereunder shall be done in a safe, thorough and workmanlike
manner. All equipment shall be durable and installed and maintained in accordance with good
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engineering practices and comply with applicable law. Grantee shall on a daily basis ensure
cleanup of all workplaces whether work is performed by Grantee or Grantee’s agents.
10.3. Repair and Emergency Work
A. In the event of an emergency, the Grantee may commence such repair and emergency
response work as required under the circumstances, provided that the Grantee shall notify
the City telephonically at 253.931.3010 during normal business hours and 253.876.1985
during non-business hours as promptly as possible. Such notification shall include the
Grantee’s emergency contact phone number for the corresponding response activity.
B. During emergencies, except those involving imminent danger to the public health, safety or
welfare, the City shall provide notice to Grantee, at a designated emergency response
contact number, to allow Grantee the opportunity to respond and rectify the emergency
without disrupting Cable Service. If after providing notice, there is no immediate response,
the City may move Grantee's facilities.
C. Grantee shall apply for appropriate permits for emergency or repair work within forty-eight
(48) hours after the commencement of said work.
10.4. One Call
The Grantee shall, at its own expense, participate in the call before you dig program required
under State law.
10.5. Permits Required
A. Prior to doing any work in the Right-of-Way or other public property (with the exception of
installations or general maintenance that involve no construction and with no disruption to
the use of the Right-of-Ways or other public property), Grantee working directly or through
a contractor, subcontractor, Affiliated Entity, or other Person shall apply for, and obtain, in
advance, appropriate construction permits from the City.
B. As part of the permitting process, the City may impose such conditions as are necessary for
protecting the public or any and all facilities with in such Right-of-Ways, and for providing
for the proper restoration of such Right-of-Ways and to protect the public and the continuity
of non-motorized or vehicular traffic. Grantee shall pay all generally applicable fees for the
requisite City construction permits.
C. Grantee agrees to comply with any required permit conditions and/or licenses.
10.6. Compliance with Applicable Codes
A. City Codes: Grantee shall comply with all generally applicable City codes regarding the
construction and use of the Right-of-Ways.
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B. Regulations and Safety Codes: Grantee shall comply with the National Electric Code,
National Electrical Safety Code and Occupational Safety and Health Administration
(OSHA) standards.
10.7. Least Interference
Work in the Right-of-Ways, or on other public property, shall be done in a manner that causes
the least interference with the rights and reasonable convenience of property owners and City
residents. Grantee's Cable System shall be constructed and maintained in such a manner as not
to interfere with sewers, water pipes or any other property of the City, or with any other pipes,
wires, conduits, pedestals, structures or other facilities that may have been laid in the Right-of-
Way by, or under, the City's authority. In the event of such interference, the City may require
the removal or relocation of Grantee's lines, cables, equipment and other appurtenances from the
property in question at Grantee's expense.
10.8. Undergrounding of Cable
A. In all Areas of the City where all other utility lines are placed underground, Grantee shall
construct and install its Facilities underground; and Grantee may only place Facilities
aerially as allowed by ACC 13.32A as it currently exists or as amended.
B. In the event that the provisions of this subsection conflict with the provisions of ACC
13.32A, the provisions of ACC 13.32A shall govern this Franchise.
10.9. Restoration of Property
A. If in connection with the construction, operation, maintenance, upgrade, repair or
replacement of the Cable System, the Grantee disturbs, alters, or damages any public
property, the Grantee agrees that it shall at its own cost and expense pay for any damage and
replace and restore any such property to the satisfaction of the City and in compliance with
the permit requirements.
B. Grantee shall warrant any restoration work performed by or for Grantee in the Right-of-Way
or on other public property as required by the Construction permit and applicable municipal
code or any generally applicable ordinance or resolution of the City.
C. If restoration is not satisfactorily and timely performed by the Grantee, the City may, after
prior notice to the Grantee, or without notice where the disturbance or damage may create a
risk to public health or safety, cause the repairs to be made and recover all direct and indirect
cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list
of those costs, including the costs of labor, materials and equipment, the Grantee shall pay
the City.
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10.10. Movement of Cable System Facilities
A. Relocation at Request of City. Upon thirty (30) days prior written notice to Grantee, City
shall have the right to require Grantee to relocate any part of the Cable System within the
Right-of-Way when the public convenience, public interest, or safety, health or welfare of
the public requires such change, and the expense thereof shall be paid by Grantee.
1. In the event of any capital improvement project exceeding $500,000 in expenditures by
the City which requires the removal, replacement, modification or disconnection of
Grantee's facilities or equipment, the City shall provide at least sixty (60) days written
notice to Grantee.
2. Following notice by the City, Grantee shall relocate, remove, replace, modify or
disconnect any of its facilities or equipment within any Right-of-Way, or on any other
property of the City.
3. Should Grantee fail to remove or relocate any such facilities by the date established by
the City, the City may effect such removal or relocation, and the expense thereof shall
be paid by Grantee, including all costs and expenses incurred by the City due to
Grantee's delay.
4. If the City requires Grantee to relocate its facilities located within the Right-of-Way, the
City may provide Grantee with an alternate location within the Right-of-Way.
5. If public funds are available to any Person using such Right-of-Way for the purpose of
defraying the cost of any of the foregoing, the Grantee may make application for such
funds.
B. In the case of relocation projects where the City hires and designates an independent
contractor to accommodate and coordinate the conversion of overhead utilities within a City
capital improvement project, if the Grantee decides to participate in the joint trench
opportunity then the Grantee shall enter into a separate agreement with the City that, at a
minimum, requires the Grantee to pay all design, permitting, administration, coordination,
and construction costs incurred by the City associated with the proportionate share of the
joint trench utilized by the Grantee and the level of effort required to design, permit,
administer, coordinate, and construct the joint utility trench to accommodate the Grantee’s
facilities.
10.11. Tree Trimming
The Grantee shall have the authority to conduct pruning and trimming for access to Cable
System facilities in the Right-of-Way. All such trimming shall be done at the Grantee's sole
cost and expense. The Grantee shall be responsible for any damage caused by such trimming.
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10.12. Rights-of-Way Vacation
If any street, or portion thereof, used by Grantee is vacated by the City during the term of this
Franchise, unless the City Council specifically reserves to Grantee the right to continue its
installation in the vacated street, Grantee shall, without delay or expense to the City, remove its
Facilities from such street.
10.13. Inspection of Facilities
Upon reasonable notice, the City may inspect any of Grantee’s Facilities or equipment within
the Rights-of-Way and on other public property. If an unsafe condition is found to exist, the
City, in addition to taking any other action permitted under applicable law, may order
Grantee to make the necessary repairs and alterations specified therein forthwith to correct
the unsafe condition by a time the City establishes. The City has the right to inspect, repair
and correct the unsafe condition if Grantee fails to do so, and to reasonably charge Grantee
therefor.
10.14. Hazardous Substances
A. Grantee shall comply with all applicable State and federal laws, statutes, regulations, and
orders concerning hazardous substances, as described in RCW 70.105D.020, relating to the
Cable System in the City’s rights-of-way.
B. Grantee shall maintain and inspect the Facilities located in the City’s rights-of-way and
immediately inform the City of any release of hazardous substances.
C. Upon reasonable notice to Grantee, the City may inspect the Facilities in the City’s rights-
of-way to determine if any release of hazardous substances has occurred, or may occur,
from, or related to, the Facilities.
D. In removing or modifying the Facilities as provided in this Franchise, Grantee shall also
remove all residue of hazardous substances related thereto; provided, however, that if it is
determined that the Facilities did not cause the release of hazardous substances, Grantee
shall have no duty to remove such substances.
E. Grantee agrees to forever indemnify the City against any claims, costs, and expenses of any
kind, whether direct or indirect, incurred by the City arising out of a release of hazardous
substances arising from, connected to, or incident to the Facilities in the City’s rights-of-
way.
10.15. Reservation of City Use of Rights-of-Way
A. Grantee agrees that its use of the Franchise Area shall, at all times except in instances of
prior right, be subordinate and subject to the City’s needs for municipal infrastructure and
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access to the Franchise Area and the public’s right to travel, except as may be otherwise
required by law.
B. Should Grantee fail to remove, adjust, or relocate its Facilities by the date established by the
City Engineer, or his/her designee, and provided in writing to Grantee, the City may effect
such removal, adjustment, or relocation and recover the cost thereof from Grantee, including
all costs and expenses incurred by the City due to Grantee’s delay.
C. Grantee agrees to coordinate its activities with the City and all other utilities located within
the public rights-of-way within which Grantee is undertaking its activity.
D. Grantee shall not construct the Cable System in any manner that requires any Subscriber to
install any cable, wire, conduits, or other facilities, under or over a right-of-way.
E. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be
installed within the public rights-of-way and may, from time to time, pursuant to applicable
sections of this Franchise, require the removal, and/or replacement thereof in the public
interest and safety at the expense of Grantee.
10.16. Work of Contractors, Subcontractors, and Affiliated Entities
A. Grantee’s contractors, subcontractors, and affiliated entities performing work benefitting
Grantee shall be licensed and bonded according to the City’s, and the State’s, regulations
and requirements.
B. Work by contractors, subcontractors, and affiliated entities is subject to the same
restrictions, limitations, and conditions as if the work were performed by Grantee.
C. Grantee shall be responsible for all work performed by its contractors, subcontractors, or
affiliated entities, and other Persons performing work on its behalf as if the work were
performed by it, and shall ensure that all such work is performed in compliance with this
Franchise and other applicable laws, and shall be, jointly and severally, liable for all
damages and correcting all damage caused by them.
D. It is Grantee’s responsibility to ensure that contractors, subcontractors, affiliated entities, or
other Persons performing work on Grantee’s behalf are familiar with the requirements of
this Franchise and other applicable laws governing the work performed by them.
E. Grantee agrees to inspect its contractors and subcontractors on a regular basis and ensure
that both its personnel, contractors, and subcontractors provide clean-up of all workplaces
and adhere to industry safety as well as local safety standards.
10.17. Discontinuing Use of Facilities
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A. Whenever Grantee intends to discontinue using any Facility within the City’s Rights-of-
Way, Grantee shall submit for the approval of the authorizing City department, a complete
description of the Facility and the date on which Grantee intends to discontinue using the
Facility.
B. Grantee may remove the Facility or request that the City permit it to remain in place.
C. Notwithstanding Grantee’s request that any such Facility remain in place, the City may
require Grantee to remove the Facility from the City’s Rights-of-Way or modify or maintain
the Facility to protect the public health and safety or otherwise serve the public interest.
D. The City may require Grantee to perform a combination of modification, maintenance,
and/or removal of the Facility.
E. Until such time as Grantee removes or modifies the Facility as directed by the City, or until
the rights to, and responsibility for, the Facility are accepted by another Person having
authority to construct and maintain such Facility, Grantee shall be responsible for all
necessary repairs and relocations of the Facility, as well as maintenance of the City’s Rights-
of-Way, in the same manner and degree as if the Facility were in active use, and Grantee
shall retain all liability for such Facility.
10.18. Construction and Use of Poles
Grantee may negotiate and enter into pole attachment agreements with utilities maintaining
poles in the Franchise Area in accordance with ACC 13.32(A) and on terms acceptable to
Grantee and the affected utilities.
SECTION 11: CABLE SYSTEM ARCHITECTURE AND TECHNICAL STANDARDS
11.1. Subscriber Network
A. Cable System Functionality: As of the Effective Date of this Franchise, Grantee provides
its Cable Service utilizing a two-way hybrid fiber-coaxial Cable System architecture that
deploys from Grantee’s Headend to nodes throughout the City where the signal is
converted to radio frequency and runs along the coaxial portion of the Cable System to
Subscribers.
Over the term of this Franchise, Grantee shall maintain the Cable System in a manner
consistent with, or in excess of, a typical 750 MHz Cable System.
B. Grantee will take prompt corrective action if it finds that any facilities or equipment on
the Cable System are not operating as expected, or if it finds that facilities and equipment
do not comply with the requirements of this Franchise or applicable law.
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11.2. Standby Power
Grantee shall provide standby power generating capacity at the Cable System Headend
capable of providing at least twelve (12) hours of emergency operation. Grantee shall
maintain standby power supplies that supply back-up power for at least two (2) hours
duration throughout the distribution networks and four (4) hours duration at all nodes and
hubs.
11.3. Emergency Alert
Grantee shall provide an operating Emergency Alert System in accordance with and at the
time required by the provisions of State and federal laws, including FCC regulations.
11.4. Technical Performance
The technical performance of the Cable System shall meet or exceed all applicable federal
technical standards, as they may be amended from time to time, regardless of the
transmission technology utilized.
11.5. Cable System Performance Testing
A. Grantee shall perform on its Cable System all technical tests presently or hereafter
required by the FCC.
B. Upon request, all required FCC technical performance tests may be witnessed by
representatives of the City.
C. Grantee shall maintain written records of its Cable System tests performed by or for
Grantee. Copies of such test results will be provided to the City upon request.
D. Grantee shall promptly take such corrective measures as are necessary to correct any
performance deficiencies fully and to prevent their reoccurrence as far as possible.
Grantee’s failure to correct deficiencies identified through this testing process shall be a
material violation of this Franchise. Sites shall be re-tested following correction.
11.6. Additional Tests
A. In addition to the above, and to the extent applicable, where there exists other evidence
which in the judgment of the City casts doubt upon the reliability or technical quality of
the Cable System, after giving Grantee thirty (30) days prior written notice and a
reasonable opportunity to cure, the City may require Grantee to conduct additional tests
and analyze and report on the performance of the Cable System in the area having service
problems.
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B. Grantee shall fully cooperate with the City in performing such testing and shall prepare
the results and a report if requested, within thirty (30) days after such testing. This report
shall include the following information:
1. The nature of the evidence which precipitated the special tests;
2. The Cable System component tested;
3. The equipment used and procedures employed in testing;
4. The results of the testing and Cable System evaluation, including a description of any
problem(s) found;
5. The method, if any, in which such problem was resolved; and
6. Any other information pertinent to said tests and analysis, which may be required.
SECTION 12: SERVICE EXTENSION AND SERVICE TO PUBLIC BUILDINGS
12.1. Service Availability
A. Service Connections: Grantee shall provide Cable Service within seven (7) business days
of a request by any potential residential subscriber within the City provided, however,
that service can be installed via a standard installation, as described below. For purposes
of this subsection, a request shall be deemed made on the date of signing a service
agreement or receipt by Grantee of a verified verbal request. Grantee shall provide such
service with no line extension charge, except as specifically authorized below, at a
nondiscriminatory installation charge for a standard installation, consisting of a one
hundred fifty (150) foot service drop from the cable plant in the Right-of-Way to the
exterior demarcation point for residential subscribers, with additional charges for non-
standard installations computed according to a nondiscriminatory methodology for such
installations.
B. For non-standard installations that cannot be accommodated without an extension of
Grantee’s Cable System, the Grantee may elect to provide Cable Service to the requesting
resident(s) for the line extension on a time and material cost basis.
C. Distribution Line Extension Charges: The Grantee must make Cable Service available to
every residential Dwelling Unit within the Franchise Area where the minimum density is
at least thirty (30) Dwelling Units per strand mile in areas served by overhead facilities
and sixty (60) Dwelling Units per mile in areas served by underground facilities. The
Grantee may elect to provide Cable Service to areas not meeting the above density
standard and charge the requesting resident(s) for the line extension on a time and
material cost basis.
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D. Grantee shall provide Cable Service to Multiple Dwelling Units in accordance with this
Franchise and applicable laws.
E. Annexation: In the event of annexation by the City, or as development occurs, any new
territory shall become part of the territory for which this Franchise is granted.
1. The Grantee shall construct and extend its Cable System so that it is able to provide
Cable Service to any areas which may be acquired, developed or annexed by the City
during the Franchise term, or otherwise added to the City’s jurisdiction during the
Franchise term, or any extension thereof.
2. Access to Cable Service shall not be denied to any group of potential cable
Subscribers because of the income of the residents of the area in which such group
resides.
3. The Grantee shall be given a reasonable period of time to construct and activate cable
plant to service annexed or newly developed areas but in no event to exceed twelve
(12) months of Council Approval of the annexation, subject to the provisions on line
extension herein.
12.2. Permission of Property Owner or Tenant for Installation, and Treatment of Property
A. If the Facilities pass over or under private or publicly owned property, Grantee is solely
responsible for obtaining all necessary permission from the property owner.
B. Grantee shall not install or attach any of its Facilities to any property without first
securing the written permission of the owner or tenant of any property involved, or of
such other person who has the right to approve or disapprove the attachment (authorized
party), except if there is an existing utility easement; and in the event that such
permission or easement is later revoked, Grantee at the request of the authorized party
shall promptly remove any of its facilities and promptly restore the property to its original
condition at Grantee’s expense.
C. Grantee shall perform all such installations and removals in compliance with state and
local law and shall be responsible for any damage to residences or other property caused
by the installation or the removal.
12.3. Connection of City and Other Public Buildings
A. Upon request through the designated City representative, the Grantee will make available
without charge, as long as it is economically feasible, a standard installation and a
minimum of one outlet of Basic Cable Services to City administrative buildings as
designated by the City (whether they are owned or leased), and fire station(s), police
station(s), libraries, access facilities, and K-12 public School(s).
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B. Grantee may additionally volunteer to provide a digital level of service, in addition to the
Basic Cable Service, that provides access to national 24-hour news channels; provided
that if the installation to such building does exceed one hundred twenty-five (125) aerial
feet, the City or other agency agrees to pay the incremental cost of such installation in
excess of one hundred twenty-five (125) feet or a necessary distribution line extension of
the Cable System, including the cost of such excess labor and materials. The recipient of
the service will secure any necessary right of entry.
C. The Cable Service will not be used for commercial purposes, and the outlets will not be
located in jail cells or areas open to the public, except for one outlet to be located in a
public lobby in City buildings that will be used by the public for viewing City selected
programming.
D. The City will take reasonable precautions to prevent any use of the Grantee's Cable
System in any manner that results in inappropriate use, loss or damage to the Cable
System.
E. If additional outlets of Cable Service are needed in such buildings, only the Grantee is
authorized to complete the Cable Service expansion to support the outlet installation(s)
and the building occupant will pay the standard installation fees. No other Cable Service
fees shall be owed in connection with additional outlets.
F. The City acknowledges that complimentary services reflect a voluntary initiative on the
part of Grantee. Grantee does not waive any rights it may have regarding complimentary
services under federal law or regulation. Subject to applicable law, should Grantee elect
to offset governmental complimentary services against Franchise Fees, Grantee shall first
provide the City with ninety (90) days’ prior notice.
SECTION 13: FRANCHISE VIOLATIONS
13.1. Non-Material Franchise Violations
A. Notice of Non-Material Violation: If the City believes that Grantee has failed to perform
any non-material obligation under this Franchise, the City shall notify Grantee in writing,
stating with reasonable specificity the nature of the alleged default, and Grantee shall
have thirty (30) days from the receipt of such notice to:
1. Respond to the City, contesting the City’s assertion that a default has occurred, and
request a meeting in accordance with subsection B, below; or
2. Cure the default; or
3. Notify the City that Grantee cannot cure the default within thirty (30) days, because
of the nature of the default. In the event the default cannot be cured within thirty (30)
days, Grantee shall:
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a. Notify the City in writing and with specificity the exact steps that will be taken
and the projected completion date of each step necessary to promptly cure the
default; and
b. Request a meeting pursuant to subsection B below for the City to determine
whether additional time beyond the thirty (30) days specified above is indeed
needed, and whether Grantee’s proposed completion schedule and steps are
reasonable.
B. Meet and Confer: If Grantee does not cure the alleged default within the cure period
stated above, or denies the default, or the City orders a meeting, the City shall set a
meeting, not less than fifteen (15) business days after Grantee’s receipt of written notice
from the City, to investigate the existence of the alleged default or the timing and
procedure required to cure a default, and provide Grantee with an opportunity to be heard
and to present evidence in its defense.
C. Notice to Correct: If, after the meeting, the City determines that a default exists, Grantee
and the City may agree on a plan and schedule to cure the default, or the City shall order
Grantee to correct or remedy the default within thirty (30) days, or within such additional
time as the City determines.
D. Determination of Default: The determination as to whether a non-material violation under
this Franchise has occurred shall be within the discretion of the City, must be made in
writing, and based upon findings that include Grantee’s submissions; provided that any
such determination may be subject to appeal to the City’s hearing examiner or review by
an arbitrator as described in Section 16.1.
E. Enforcement: In the event Grantee does not cure the default within the time agreed upon
by the Parties or ordered by the City and to the City’s reasonable satisfaction, the City
may r ecommend revocation of this Franchise pursuant to the procedures in subsection
13.2 or commence the arbitration procedures in section 16.1.
13.2. Material Franchise Violations
A. The City shall notify the Grantee, in writing, of any alleged failure to comply with a
material provision of this Franchise, which notice shall specify the alleged failure with
reasonable particularity. The Grantee shall have thirty (30) days subsequent to receipt of
the notice in which to:
1. respond to the City, contesting the City's assertion that a default has occurred, and
requesting a meeting in accordance with subsection (B), below; or
2. cure the default; or
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3. notify the City that Grantee cannot cure the default within the thirty (30) days,
because of the nature of the default.
4. In the event the default cannot be cured within thirty (30) days, Grantee shall
promptly take all reasonable steps to cure the default and notify the City, in writing
and in detail, as to the exact steps that will be taken and the projected completion
date. In such case, the City may set a meeting in accordance with subsection (B)
below to determine whether additional time beyond the thirty (30) days specified
above is indeed needed, and whether Grantee's proposed completion schedule and
steps are reasonable.
B. If Grantee does not cure the alleged material default within the cure period stated above,
or by the projected completion date under this section, or denies the default and requests
a meeting in accordance with this section, or the City orders a meeting in accordance with
this section, the City shall set a meeting to investigate said issues and the existence of the
alleged default. The City shall notify Grantee of the meeting, in writing, and such
meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of
the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to
present evidence in its defense.
C. If, after the meeting, the City determines that a default exists, Grantee and the City may
agree on a plan and schedule to cure the default. Absent such agreement, the City shall
order Grantee to correct or remedy the default or violation within thirty 30) days or
within such other reasonable timeframe as the City shall determine. In the event Grantee
does not cure the default within such time to the City's reasonable satisfaction, the City
may:
1. recommend the revocation of this Franchise pursuant to the procedures in this
franchise; or
2. pursue any other legal or equitable remedy available under this Franchise or
applicable law.
D. The determination as to whether a material violation of this Franchise has occurred shall
be within the discretion of the City. Any such determination by the City must be in
writing and must be based upon findings that include Grantee's submissions, and such
determination shall be subject to appeal to the City Council or review by a court of
competent jurisdiction under applicable law.
13.3. Revocation
A. The City may revoke this Franchise and rescind all rights and privileges associated with
this Franchise in any of the following circumstances:
1. if Grantee fails to cure any material obligation under this Franchise;
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2. if Grantee willfully fails for more than three (3) days to provide continuous Cable
Service;
3. if Grantee attempts to evade any material provision of this Franchise or to practice
any fraud or deceit upon the City or subscribers;
4. if Grantee becomes insolvent, or if there is an assignment for the benefit of Grantee's
creditors;
5. if Grantee willfully misrepresents material facts in the negotiation of this Franchise;
or
6. if Grantee repeatedly breaches a material provision of the Customer Service
Standards.
B. Prior to forfeiture or termination of the Franchise, the City shall give written notice to the
Grantee of its intent to revoke the Franchise. The notice shall set forth the exact nature of
the noncompliance. Grantee shall have forty-five (45) days from receipt of such notice to
object in writing and to state its reasons for such objection and provide any explanation
or cure the alleged default. In the event the City does not receive a timely and
satisfactory response from Grantee, it may then seek a termination of the Franchise in
accordance with this section.
C. The City shall submit a report and recommendation as to termination of the Franchise to
the City’s appointed hearing examiner who shall conduct a public hearing to determine if
revocation of the Franchise is warranted. The hearing examiner shall act as the final
decision maker for the City.
1. At least twenty one (21) calendar days prior to the public hearing, the City clerk shall
issue a public hearing notice that shall establish the issue(s) to be addressed in the
public hearing; provide the time, date and location of the hearing; provide that the
City shall hear any Persons interested therein; and provide that the Grantee shall be
afforded fair opportunity for full participation, including the right to introduce
evidence, to require the production of evidence, to be represented by counsel and to
question witnesses, consistent with the adopted public hearing rules.
2. The hearing examiner shall hear testimony, take evidence, hear oral argument and
receive written briefs. A transcript may be made of such proceeding and the cost shall
be shared equally between the parties. A complete record of the public hearing shall
be completed including all exhibits introduced at the hearing and an electronic sound
recording.
D. Within thirty (30) days after the close of the hearing, the hearing examiner shall adopt a
written recommendation to the City Council. If the decision of the hearing examiner is to
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revoke and terminate the Franchise, the City Council shall declare that the Franchise is
revoked and terminated, and any form of surety is forfeited, unless the City Council finds
a clear error in the hearing examiner’s decision. The City council’s written decision shall
include findings of fact and conclusions derived from those facts which support the
decision of the City council.
E. Grantee shall be bound by the City council’s decision to revoke the Franchise unless an
appeal to a court of competent jurisdiction is timely filed as allowed by applicable law.
13.4. Termination
A. If this Franchise expires without lawful renewal or is otherwise lawfully terminated or
revoked, the City may, subject to applicable law:
1. Require Grantee to maintain and operate its Cable System on a month-to-month basis
until a new cable operator is selected; or
2. Purchase Grantee’s Cable System in accordance with federal law.
B. The City may order the removal of the above-ground Cable System facilities and such
underground facilities from the City at Grantee’s sole expense within thirty (30) days
following notice from the City. However, Grantee shall have no obligation to remove the
Cable System where it utilizes the system to provide other, permitted and lawful, non-
cable services and has any other authority under applicable law to maintain facilitates in
the public rights-of-way, or where Grantee is able to find a purchaser of the Cable System
who holds such authorization.
C. If Grantee fails to complete any removal required by subsection 10.10 to the City’s
satisfaction, after written notice to Grantee, the City may cause the work to be done and
Grantee shall reimburse the City for the costs and expenses incurred within thirty (30)
days after receipt of an itemized list of the costs and expenses, or the City may recover
the costs and expenses through Grantee’s security instruments if Grantee has not paid
such amount regarding removal, which shall include reasonable attorneys’ fees and other
costs for work conducted by City staff or agents.
13.5. Receivership
A. At the option of the City, subject to applicable law, this Franchise may be revoked after
the appointment of a receiver or trustee to take over and conduct the business of Grantee
or an Affiliated Entity whether in a receivership, reorganization, bankruptcy or other
action or proceeding, unless:
1. The receivership or trusteeship is timely vacated; or
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2. The receiver or trustee has timely and fully complied with all the terms and
provisions of this Franchise, and has remedies all defaults under this Franchise.
B. In the event that this Franchise is not revoked pursuant to subsection 13.4(A), the receiver
or trustee shall execute an agreement duly approved by a court having jurisdiction, by
which the receiver or trustee assumes and agrees to be bound by each and every term,
provision and limitation of this Franchise.
13.6. Alternative Remedies
A. Neither the existence of other remedies identified in this Franchise nor the exercise
thereof shall be deemed to bar or otherwise limit the right of either party to recover
monetary damages, as allowed under applicable law, or to seek and obtain judicial
enforcement by means of specific performance, injunctive relief or mandate, or any other
remedy at law or in equity.
B. The City specifically does not, by any provision of this Franchise, waive any right,
immunity, limitation or protection otherwise available to the City, its officers, officials,
City Council, Boards, commissions, agents, or employees under federal, State, or local
law (including, for example, Section 635A of the Cable Act).
13.7. Remedies Cumulative
A. Neither the existence of other remedies identified in this Franchise nor the exercise
thereof shall be deemed to bar or otherwise limit the right of either party to recover
monetary damages, as allowed under applicable law, or to seek and obtain judicial
enforcement by means of specific performance, injunctive relief or mandate, or any other
remedy at law or in equity.
B. The City specifically does not, by any provision of this Franchise, waive any right,
immunity, limitation or protection otherwise available to the City, its officers, officials,
City Council, Boards, commissions, agents, or employees under federal, State, or local
law (including, for example, Section 635A of the Cable Act).
13.8. Assessment of Liquidated Damages
A. Because it may be difficult to calculate the harm to the City in the event of a breach of
this Franchise by Grantee, the parties agree to liquidate damages as a reasonable
estimation of the actual damages.
1. Nothing in this subsection is intended to preclude the City from exercising any other
right or remedy with respect to a breach that continues past the time the City stops
assessing liquidated damages for such breach.
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2. The City shall first follow the violation procedures in section 13 for written notice to
Grantee and a thirty (30) day right to cure period under this Franchise before assessing
liquidated damages.
B. The City shall not assess any liquidated damages if Grantee has cured or commenced to,
and completes, the cure pursuant to this Franchise.
C. The first day for which liquidated damages may be assessed, if there has been no cure
after the end of the applicable cure period, shall be the day after the end of the applicable
cure period, including any extension of the cure period granted by the City.
D. Liquidated damages as defined by this subsection may be assessed for no more than one
hundred and eighty (180) calendar days for any individual incident, after which time the
City may implement other remedies as defined in this Franchise and under applicable
law.
E. The Grantee may appeal (by pursuing judicial relief) any assessment of liquidated damages
within thirty (30) days of paying the assessment.
F. Pursuant to the requirements outlined herein, liquidated damages shall not exceed the
following amounts:
1. One hundred dollars ($100.00) per day for material departure from the FCC technical
performance standards;
2. One hundred dollars ($100.00) per day for failure to provide the Access Channel or
any equipment related thereto which is required hereunder;
3. One hundred dollars ($100.00) per day for each material violation of the Customer
Service Standards;
4. One hundred dollars ($150.00) per day for failure to provide reports or notices as
required by this Franchise;
5. One hundred dollars ($250.00) per day for failure to comply with construction,
operation, or maintenance standards; and
6. One hundred dollars ($250.00) per day for any material breaches or defaults not
previously listed.
G. Grantee’s maintenance of the security required herein or by applicable code shall not be
construed to excuse unfaithful performance by Grantee of this Franchise; to limit liability
of Grantee to the amount of the security; or to otherwise limit the City’s recourse to any
other remedy available at law or equity.
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13.9. Effect of Abandonment
A. If Grantee abandons its Cable System during the Franchise term, or fails to operate its
Cable System in accordance with its duty to provide continuous service, the City, at its
option, may obtain an injunction, or operate the Cable System, or designate another entity
to operate the Cable System temporarily until Grantee restores service under conditions
acceptable to the City, or until the Franchise is revoked and a new franchisee is selected
by the City.
B. If the City operates the Cable System, or designates another entity to operate the Cable
System, Grantee shall reimburse the City or the City’s designee, as applicable, for all
reasonable costs and expenses incurred.
C. If Grantee permanently abandons its entire Cable System, for a period greater than 12
months, then, at the City’s sole discretion, such Cable System may become the property
of the City, and Grantee shall then submit to the City a bill of sale and other conveyance
documents, to be approved in advance by the City Attorney, transferring ownership of
such property to the City.
SECTION 14: FRANCHISE RENEWAL
Any renewal of this Franchise shall be governed by and comply with the applicable
provisions of the ACC, the provisions of Section 47 U.S.C. § 546, as amended, unless the
procedures or substantive protections set forth therein shall be deemed to be preempted or
superseded by the provisions of any subsequent federal or State law.
SECTION 15: FRANCHISE TRANSFER OR ASSIGNMENT
A. Subject to 47 U.S.C § 537, the Cable System and this Franchise shall not be sold,
assigned, transferred, leased or disposed of, either in whole or in part, either by
involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto,
either legal or equitable, or any right, interest or property therein pass to or vest in any
Person (hereinafter “Transfer of the Franchise”) without the prior written consent of the
City, which consent shall not be unreasonably withheld.
B. Grantee shall promptly notify the City of any actual or proposed change in, or transfer of,
or acquisition by any other party in Control of Grantee. The word “Control” as used
herein is not limited to majority stock ownership but includes actual working Control in
whatever manner exercised. Every change, transfer or acquisition of Control of Grantee,
except as noted in subsection 15.H, shall make this Franchise subject to cancellation
unless and until the City shall have consented thereto which consent shall not be
unreasonably withheld.
C. The parties to the Transfer of the Franchise or change of Control shall make a written
request to the City for its approval of the Transfer of the Franchise or change of Control
(a “Transfer Application”) and shall furnish all information required by law. In
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reviewing a Transfer Application, the City may inquire into any matter reasonably related
to the ability and willingness of the prospective transferee or controlling party to perform,
in accordance with 47 CFR § 76.502, and applicable ACC.
D. In seeking the City’s consent to a Transfer Application, the proposed transferee or
controlling party shall indicate whether, as applicable, it:
1. Has ever been convicted or held liable for acts involving deceit including any
violation of federal, State or local law, or is currently under an indictment,
investigation or complaint charging such acts;
2. Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered
against it by any court of competent jurisdiction;
3. Has pending any material legal claim, lawsuit, or administrative proceeding arising
out of or involving a Cable System;
4. Is financially solvent, by submitting financial data, including financial information
as required by FCC Form 394; and
5. Has the legal, financial and technical capability to enable it to maintain and operate
the Cable System for the remaining Term of the Franchise.
E. In reviewing a Transfer Application, the City may inquire into the legal, technical and
financial qualifications of the prospective controlling party or transferee, and Grantee
shall assist the City in so inquiring. The City may condition said Transfer of the
Franchise or change of Control upon such terms and conditions as it deems reasonably
appropriate and as are consistent with federal law; provided, however, that any such
terms and conditions so attached shall be related to the legal, technical and financial
qualifications of the prospective controlling party or transferee. Additionally, such
Person shall effect changes as promptly as practicable in the operation of the Cable
System, if any changes are necessary to cure any violations or defaults presently in effect
or ongoing.
F. The City shall act by ordinance or resolution on the request within one hundred twenty
(120) days of the request, provided it has received all information required by law, such
as a completed FCC Form 394. Subject to the foregoing, if the City fails to render a final
decision on the request within one hundred twenty (120) days, such request shall be
deemed granted unless the requesting party and the City agree to an extension of time.
G. Within sixty (60) days of closing of any Transfer of the Franchise or change of Control, if
approved or deemed granted by the City, Grantee shall file with the City a copy of the
deed(s), agreement(s), lease(s) or other written instrument(s) evidencing such Transfer of
the Franchise or change of Control, certified and sworn to as correct by Grantee and the
transferee or new controlling entity. In the case of a Transfer of the Franchise or change
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of Control, the transferee or the new controlling entity shall upon request by the City file
its written acceptance agreeing to be bound by all of the provisions of this Franchise,
subject to applicable law.
H. Notwithstanding anything to the contrary in this Section 15, the prior approval of the City
shall not be required for any sale, assignment or transfer of the Franchise or Cable
System to an Affiliate; provided that the proposed assignee or transferee agrees in writing
to comply with all of the provisions of the Franchise, subject to applicable law.
I. Grantee may pledge the assets of the Cable System for the purpose of financing without
the consent of the City; provided that such pledge of assets shall not impair or mitigate
Grantee’s responsibilities and capabilities to meet all of its obligations under the
provisions of this Franchise. In the event of a change in Control, the Grantee will
continue to be bound by all provisions of the Franchise.
J. The consent or approval of the City to any Transfer of the Franchise or change in Control
shall not constitute a waiver or release of any rights of the City.
SECTION 16: ADDITIONAL PROVISIONS
16.1. Cumulative Rights
Subject to applicable law, all rights and remedies given to the City by this Franchise shall be
in addition to, and cumulative with, any and all other rights and remedies, existing or
implied, now or hereafter available to the City.
16.2. Costs to be Borne by Grantee
Grantee shall reimburse the City for all costs of publication of this Franchise, and any notices
prior to any public hearing regarding this Franchise, contemporaneous with its acceptance of
this Franchise.
16.3. Severability
If any Section, provision, or clause of this Franchise is held by a court of competent
jurisdiction to be invalid or unenforceable, or is preempted by federal or State laws or
regulations, the remainder of this Franchise shall not be affected, except as is otherwise
provided by this Franchise.
16.4. No Recourse Against the City of Auburn
Grantee’s recourse against the City or its officials, boards, commissions, agents or employees
for any claim arising from any provision or requirement of this Franchise shall be limited to
injunctive and declaratory relief, except where Grantee’s claim arises from acts or omissions
of the City acting in a proprietary capacity, but only to the extent such relief is not prohibited
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by federal law, which does not include granting, modifying, denying, terminating, or
enforcing franchises.
16.5. Action by Agencies or Courts
Grantee shall promptly notify the City in the event that any agency of the State or federal
governments or any court with competent jurisdiction requires Grantee to act inconsistently
with any provisions of this Franchise.
16.6. Franchise Interpretation
A. All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply.
B. Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
16.7. Choice of Law and Forum
A. This Franchise and the rights of the parties hereunder shall be governed by the interpreted
in accordance with the laws of the State of Washington and venue for any action
hereunder shall be in of the county in King County, Washington.
B. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own
costs and attorneys’ fees generated by any dispute arising out of this Franchise.
16.8. Force Majeure
A. If Grantee is prevented or delayed in the performance of any of its obligations under this
Franchise by reason of acts of god, floods, fire, hurricanes, tornadoes, earthquakes, or
other unavoidable casualties, insurrection, war, riot, vandalism, strikes, or sabotage, to
the extent such events prevent performance by Grantee and such event is beyond
Grantee’s control, Grantee shall have a reasonable time under the circumstances to
perform such obligation under this Franchise, or to get a substitute for such obligation to
the satisfaction of the City.
B. If Grantee claims a force majeure event, Grantee shall give prompt written notice of the
same to the City and shall set forth its plan of action to meet the obligations of this
Franchise once the force majeure event no longer prevents Grantee’s performance.
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16.9. Conflict of Interest Cancellation
The City may, in its sole discretion, by written notice to Grantee, immediately terminate this
Franchise if it is found, after due notice and examination by the City, that there is a violation
of the Ethics in Public Service Act, Chapter 42.52 RCW.
16.10. Integration & Binding Effect
A. This Franchise, together with any subsequent amendments or addendums, constitutes the
entire agreement of the Parties and no other understandings, oral or otherwise, regarding
this Franchise shall exist or bind any of the parties.
B. This Franchise shall be binding upon, and the benefits and obligations provided for herein
shall inure to and bind, the Parties and their respective successors and assigns, provided
that this Section shall not be deemed to permit any transfer or assignment otherwise
prohibited by this Franchise.
C. This Franchise is for the exclusive benefit of the Parties and it does not create a
contractual relationship with, or exist for the benefit of, any third party, including
contractors, subcontractors, affiliates, subsidiaries, or sureties.
16.11. Time Limits Strictly Construed
Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time
shall be deemed to be of the essence, and any failure of Grantee to perform within the
allotted time may be considered a breach of this Franchise.
16.12. Discriminatory Practices Prohibited
Throughout the term of this Franchise, Grantee shall fully comply with all equal employment
and nondiscrimination provisions of applicable law.
16.13. No Joint Venture
Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the Parties, and neither party is authorized to, nor shall either party act towards third
Persons or the public in any manner which would indicate any such relationship with the
other, nor is Grantee granted any express or implied right or authority to assume or create
any obligation or responsibility on behalf, or in the name, of the City.
16.14. Waiver
The failure of the City at any time to require performance by Grantee of any provision hereof
shall in no way affect the right of the City hereafter to enforce the same, nor shall the waiver
by the City of any breach of any provision hereof be taken or held to be a waiver of any
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DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 50 of 51
succeeding breach of such provision, or as a waiver of the provision itself or any other
provision.
16.15. Notice
Unless otherwise agreed to by the parties, any notice provided for under this Franchise shall
be sufficient if in writing and delivered personally to the following addressee or deposited in
the United States mail, postage prepaid, certified mail, return receipt requested, addressed as
follows, or to such other address as the receiving party specifies in writing:
Grantee's address shall be:
Comcast Cable Communications, LLC &
Comcast Cable Communications Management, LLC
4020 Auburn Way N
Auburn, WA 98002
Attention: Franchise Director
With a copy to:
Comcast Cable Communications, LLC &
Comcast Cable Communications Management, LLC
15815 25th Ave W
Lynnwood, WA 98087
Attention: Franchising Department
City's address shall be:
City of Auburn
Community Development and Public Works Department
25 West Main Street
Auburn, WA 98001-4998
Attention: Engineering Aide
With a copy to:
City of Auburn
City Clerk’s Office
25 West Main Street
Auburn, WA 98001-4998
Attention: City Clerk
Page 55 of 218
DRAFT Resolution No. 5431
Franchise No. FRN19-0012
Page 51 of 51
EXHIBIT
STATEMENT OF ACCEPTANCE
______________________________, for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions, and provisions of the preceding Franchise
attached hereto and incorporated herein by this reference.
[Grantee]
By: ____________________________________ Date: _________________________
Name:
Title:
State of ___________________ )
) ss.
Count of __________________ )
On this ___ day of _____________, 20___, before me the undersigned, a Notary Public in and
for the State of _______________, duly commissioned and sworn, _________________
personally appeared and executed the foregoing instrument and acknowledged that said
execution is performed freely and voluntarily for the uses and purposed described within the
instrument, and on oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
_________________________________
Signature
Notary Public in and for the State of __________________
Residing at _________________
MY COMMISSION EXPIRES: _____________________
Page 56 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for North Auburn Logistics Holdings, LLC Water
Payback Agreement
Date:
July 3, 2019
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of North Auburn Logistics Holdings, LLC
Water Payback Agreement. See Ordinance No. 6722 for further action on this item.
Background Summary:
North Auburn Logistics Holdings, LLC constructed water systems improvements along West
Valley Highway and South 287th Street to provide water to their development. These
improvements are eligible for a payback agreement between the Developer and the City of
Auburn, where properties that connect to the water system improvements will reimburse North
Auburn Logistics Holdings LLC for the properties’ pro rata share of the cost of those
improvements.
The date of the public hearing was set by consent on June 17, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:PH.2
Page 57 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 17, 2019 and June 24, 2019 Special City
Council Meetings
Date:
July 11, 2019
Department:
Administration
Attachments:
06-17-2019 Minutes
06-24-2018 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 15, 2019 Item Number:CA.A
Page 58 of 218
Special City Council Meeting
J une 17, 2019 - 6:00 P M
City Hall Council Chambers
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 6:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob Baggett, L arry
B rown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo
Wales.
Department directors and staff members present included: City Attorney
S teve Gross, Director of Public Works I ngrid Gaub, Director of F inance
S helley Coleman, Director of I nnovation and Technology David Travis,
Director of Parks and Recreation Daryl Faber, Director of Human
Resources and Rick Management Candis Martinson, P olice Commander
Daniel O'Niel and Deputy City Clerk Teresa Mattingly.
I I .D IS C US S I O N IT E M S
A .B udget Options
Director Coleman presented Council with an update on the proposal
with B E R K Consulting to perform a fiscal sustainability analysis.
S he discussed the scope of work, the firm's qualifications, project
tasks and next steps.
Council discussed the importance of having a third party provide an
analysis and is in consensus with moving forward with this project.
I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 6:16 p.m.
A P P R O V E D this 15th day of J uly, 2019.
__________________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 1 of 2Page 59 of 218
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 2 of 2Page 60 of 218
Special City Council Meeting
J une 24, 2019 - 4:30 P M
City Hall Council Chambers
MINUT E S
I .C AL L T O O RD E R
Mayor Nancy Backus called the meeting to order at 4:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, J ohn Holman, Yolanda Trout-Manuel and L argo Wales.
Councilmember Claude DaCorsi was excused.
Department directors and staff members present included: City Attorney
S teve Gross, Director of Human Resources & Risk Management Candis
Martinson, Director of A dministration Dana Hinman, Director of P ublic
Works I ngrid Gaub, Director of Community Development J eff Tate,
Director of Parks and Recreation Daryl Faber, Director of I nnovation &
Technology David Travis, Real Property A nalyst J osh Arndt, Economic
Development Coordinator Tanya Carter, A ssistant Director of E ngineering
S ervices J acob S weeting, Planning Services Manager J eff Dixon, Chief of
P olice Bill P ierson, and Deputy City Clerk Teresa Mattingly.
I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Resolution No. 5442 (Tate)
City Council to hold a public hearing in consideration of authorizing the amended
and restated Development Agreement with Capital Acquisitions, L L C related to
the Auburn Gateway P roject
Director Tate provided Council with an update on the Development
A greement with Capital A cquisitions, L L C (dba I nland Group) related
to the Auburn Gateway P roject he discussed proposed changes to
the development standards and the requirements of the
Development A greement.
Council discussed who is financially responsible for maintaining the
open spaces, the public restrooms, additional traffic signals, how
many commercial and residential units are planned and the where
storm water storage will be located.
Page 1 of 3Page 61 of 218
Director Tate advised Council, the City is not responsible for
maintaining the open spaces or public restrooms, an additional traffic
signal will be installed, there will be 500 residential units and 50
commercial units planned and storm water storage will be located in
the open space area.
Mayor Backus opened the P ublic Hearing at 4:55 p.m.
S cott Morris, I nland Group
Mr. Morris stated I nland Group is the applicant and developer for
the A uburn Gateway project. He discussed traffic impacts, changes
to the area and reviewed the amenities that are proposed to be
located onsite.
Nick Various, 30240 110th Pl. A uburn
Mr. Various advised Council that he is looking forward to seeing this
development project move forward.
No one else came forward to speak. Mayor Backus closed the
hearing at 5:03 p.m.
I I I .RE S O L UT IO NS
A .Resolution No. 5442 (Tate)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to enter into an amended and restated Development Agreement with Capital
A cquisitions, L L C related to the Auburn Gateway P roject
Councilmember Wales moved and Councilmember B rown seconded to
approve Resolution No. 5442.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
A .E X E C UT IV E S E S S I O N
1.Executive Session
Mayor Backus recessed into executive session at 5:05 p.m. for 15 minutes
pursuant to R C W 42.30.110(1F) to receive or evaluate a complaint or
charge against a public official. City A ttorney Gross attended the executive
session.
Mayor Backus extended the executive session for 5 minutes. The meeting
reconvened at 5:25 p.m.
I V.AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 5:25 p.m.
A P P R O V E D this 15th day of J uly, 2019.
Page 2 of 3Page 62 of 218
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk
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.
Page 3 of 3Page 63 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 24, 2019 Study Session
Date:
July 11, 2019
Department:
Administration
Attachments:
06-24-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 15, 2019 Item Number:CA.B
Page 64 of 218
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
J une 24, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
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hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry Brown,
J ohn Holman, Yolanda Trout-Manuel and L argo Wales. Councilmember Claude
DaCorsi was excused.
Mayor Nancy Backus and the following department directors and staff members
were present: Assistant City Attorney Doug Ruth, Director of Administration
Dana Hinman, Director of Public Works I ngrid Gaub, Right-of-Way Specialist
A mber Price, Director of I nnovation & Technology David Travis, A ssistant
Finance Director K evin F uhrer, Financial P lanning Manager Bob B rooks, Police
Commander Steve S tocker, and Deputy City Clerk Teresa Mattingly.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports or presentations.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6723 (Gross) (5 Minutes)
A n Ordinance amending Ordinance No. 4683 to correct a legal description related to a
conditional use permit
A ssistant City A ttorney Ruth advised Council that Ordinance No. 6723 is
to correct the legal description and an incorrect address in the 1996
Ordinance No. 4863 related to a conditional use permit at 3244 Auburn
Way South.
B .Resolution No. 5431 (Gaub) (5 Minutes)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute a F ranchise Agreement between the City of A uburn and Comcast
Cable Communications, L L C and Comcast Cable Communications Management,
L L C, a P ennsylvania Corporation
Page 1 of 3Page 65 of 218
Right-of-Way Specialist Price presented Council with an update on
Comcast Cable seeking to renew their franchise agreement for ten (10)
years and discussed basic cable services provided.
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .1st Quarter 2019 F inancial Report (Coleman) (15 Minutes)
Year to date through March 2019 status report based on financial data available as of
A pril 24, 2019 for the period ending March 31, 2019 and sales tax information
representing business activity that occurred through J anuary 2019
Councilmember Wales presided over this section of the meeting.
A ssistant F inance Director F uhrer presented Council with an update on the
1st Quarter 2019 F inancial Report and reviewed general fund revenues
and expenditures including: taxes, franchise fees and business licenses.
He also discussed the investment portfolio, operating and capital funds.
Deputy Mayor Peloza asked who will be on the Auburn Humane Society
board to represent the City with pet licensing and was advised the new
Director of F inance will retain that position.
B .Ordinance No. 6720 (Coleman) (15 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6693, the 2019-2020 B iennial Operating Budget Ordinance, as
amended by Ordinance No. 6712, authorizing amendment to the City of Auburn 2019-
2020 budget as set forth in schedule “A ” and schedule “B”
Manager Brooks provided Council with an update on Ordinance No. 6720,
B udget A mendment 3 and discussed fund balance adjustments, revenue
adjustments, funding adjustments and new funding requests.
Council discussed funding a third school resource officer, the budget for
repairs to traffic signals caused by vehicular accidents, how the cost of
damages to traffic signals is collected and funding for sidewalk repairs.
C.Cyber Security Update (Travis) (20 Minutes)
Director Travis presented Council with an update on Cyber Security and
discussed what Cyber S ecurity is, what the I T Department is doing
to protect the City against cyber attacks, top threats, average cost of
cybercrime, email threats and the mitigation strategy.
Council discussed getting information regarding Cyberbullying to the local
schools, steps the City takes to backup its system, what the City would do
in the event of a cyber attack and the new email alert when an email is
received from outside the City.
V.O T HE R D I S C US S I O N I T E MS
Page 2 of 3Page 66 of 218
There was no other discussion.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix and requested that the chair and vice chair on
A nimal Control be corrected to reflect Councilmember B aggett as the
chair and Deputy Mayor P eloza as the vice chair and to change the date on
this item from J uly 8, 2019 to J uly 22, 2019. No other changes were
made.
V I I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 6:41p.m.
A P P R O V E D this 15th day of J uly, 2019.
___________________________ ____________________________
B I L L P E L I Z A, D E P UT Y MAYO R Teresa Mattingly, Deputy City Clerk
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.
Page 3 of 3Page 67 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 17, 2019 Regular Council Meeting
Date:
July 11, 2019
Department:
Administration
Attachments:
06-17-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:July 15, 2019 Item Number:CA.C
Page 68 of 218
City Council Meeting
J une 17, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn
and led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo
Wales.
Department directors and staff members present included: City Attorney
S teve Gross, Director of Public Works I ngrid Gaub, Director of F inance
S helley Coleman, Director of I nnovation and Technology David Travis,
Director of Parks and Recreation Daryl Faber, Assistant Director of
E ngineering Services J acob Sweeting, P olice Commander Daniel O'Neil
and Deputy City Clerk Teresa Mattingly.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .L G B T Q+ Pride Month Proclamation
Mayor Backus to proclaim J une 2019 as "L G B T Q+ P ride Month" in the city of Auburn.
Mayor Backus read and presented the proclamation to the following
members of the Queer and Allies club at Green River College: A llison
J ansen, Anne Hiles and A manda Moore.
Ms. J ansen and the members of the Queer and Allies club thanked the
Mayor and Council for their support and for proclaiming J une 2019 as
"L G B T Q + Pride Month".
I I I .AP P O I NT M E NT S
There was no appointments.
Page 1 of 7Page 69 of 218
I V.AG E ND A M O D I F IC AT I O NS
I tem 7. H. City Council to schedule a public hearing for Resolution No.
5442, authorizing the amended and restated Development Agreement with
Capital Acquisitions, L L C related to the A uburn Gateway Project was
added to the agenda.
I tem 7. I . City Council to authorizing the Mayor to negotiate and execute a
contract with Berk Consulting in an amount not to exceed $70,000 to
perform a fiscal sustainability analysis was added to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Right-of-Way Vacation V 1-18 (Gaub)
City Council to hold a Public Hearing in consideration of Right-of-Way Vacation
V1-18.
Mayor B ackus opened the public hearing at 7:07 p.m.
Bill S herill 5875 S 326th Ct., Auburn
Mr. S herill advised Council on behalf of himself and the Mountainview
North-South Homeowners Association the HO A does not oppose the
vacation of right-of-way or the establishment of a new right-of-way
adjacent to their neighborhood. Mr. Sherill asked that the City work
with potential developers to lessen the impact of the proposed
development on the neighborhood and Mountainview Cemetery.
No one else came forward to speak. T he Mayor closed the public
hearing at 7:11 p.m.
2.Public Hearing for 2020-2025 Transportation
I mprovement Plan (Gaub)
City Council to hold a public hearing in consideration of adoption of the 2020-
2025 Transportation I mprovement.
Mayor B ackus opened the public hearing at 7:12 p.m. No one came
forward to speak, she closed the hearing.
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.
Rory Cruikshank 32117 46th Pl. S, A uburn
Mr. Cruikshank expressed his concern regarding the high crime activity at
32143 46th P l S and the lack of response by the City in the last six weeks.
S teve Vinton 32204 46th Pl S , Auburn
Mr. Vinton expressed his disappointment about the criminal activity in his
Page 2 of 7Page 70 of 218
neighborhood and the lack of police response.
Val Erickson 535 M St NE, A uburn
Ms. E rickson stated she is angry over the criminal activity in their
neighborhood and discussed electing a Council that will make crime a
priority and requested more police presence.
B ob Z immerman 33029 46th P l S, A uburn
Mr. Z immerman discussed he concerns with code violations and the
attitude he has run into trying to get code violations and safety standards
enforced.
Waylon Menzia 719 R St NE, A uburn
Mr. Menzia thanked the Mayor and Council for all the work they do.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
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.
Councilmember Wales, chair of the Finance ad hoc committee, reported
she and Councilmember DaCorsi have reviewed the claims and payroll
vouchers described on the Consent Agenda this evening and
recommended their approval.
V I I .C O NS E NT AG E ND A
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 J une 3, 2019 Regular Council Meeting
B .Minutes of the May 13, 2019 and J une 10, 2019 Study
S essions
C.Claims Vouchers (Coleman)
Claims voucher list dated J une 17, 2019 which includes voucher numbers 453989
through 454199 in the amount of $4,980,929.04 and three wire transfers in the amount
of $502,375.86.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 538477 through 538496 in the amount of $242,613.37,
electronic deposit transmissions in the amount of $2,102,351.41 for a grand total of
$2,344,964.78 for the period covering 5/30/2019 to 6/12/2019.
Page 3 of 7Page 71 of 218
E .S etting Public Hearing Date for Franchise A greement No.
F R N19-0012 for Comcast (Gaub)
F.P ublic Works P roject No. C P 1726 (Gaub)
Award Contract No. 19-05, to Rodarte Construction, I nc. on their low bid of
$3,101,975.75 plus Washington State sales tax of $113,298.27 for a total contract
price of $3,215,274.02 for Project No. C P1726, 2019 L ocal S treet Reconstruction
G.S etting a P ublic Hearing Date for North Auburn L ogistics
Water P ayback Agreement (Gaub)
H.S etting a P ublic Hearing for A uburn Gateway Project
Develeopment Agreement
City Council to schedule a P ublic Hearing for Resolution No. 5442, authorizing the
amended and restated Development A greement with Capital A cquisitions, L L C
related to the Auburn Gateway P roject
I .Fiscal S ustainability A nalysis Agreement
City Council to authorizing the Mayor to negotiate and execute a contract with B erk
Consulting in an amount not to exceed $70,000 to perform a fiscal sustainability
analysis
Deputy Mayor Peloza moved and Councilmember B rown seconded to
approve the consent agenda as amended.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .O RD INANC E S
A .Ordinance No. 6687 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, approving the
vacation of right-of-way in the vicinity of S E 328th S treet and 60th Avenue South
Councilmember Holman moved and Councilmember Trout-Manuel
seconded to approve Ordinance No. 6687.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .RE S O L UT IO NS
A .Resolution No. 5378 (Gaub)
Page 4 of 7Page 72 of 218
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
dedication of a portion of City-owned property as City right-of-way
Councilmember DaCorsi moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5378.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Resolution No. 5432 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, approving and
adopting the 2020-2025 Transportation I mprovement P rogram of the City of Auburn
Councilmember B rown moved and Councilmember B aggett seconded to
approve Resolution No. 5432.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C.Resolution No. 5433 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to accept and expend Federal Grant F unds and execute an agreement with the
Washington State Department of Transportation for the A uburn Way South
I mprovements – Hemlock S treet S E to Poplar S treet S E
Councilmember DaCorsi moved and Councilmember Holman seconded to
approve Resolution No. 5433.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
D.Resolution No. 5435 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, approving the 2019
Comprehensive S olid Waste Management P lan for the K ing County Solid Waste
S ystem
Deputy Mayor Peloza moved and Councilmember B rown seconded to
approve Resolution No. 5435.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
E .Resolution No. 5436 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to accept additional F ederal grant funds to be administered through the
Washington State Department of Transportation for C P1819 - A S treet S E
P reservation P roject
Deputy Mayor Peloza moved and Councilmember Trout-Manuel seconded
to approve Resolution No. 5436.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
F.Resolution No. 5437 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Page 5 of 7Page 73 of 218
Mayor to execute an interlocal agreement between the City of A uburn and the A uburn
S chool District for mutual aid during emergencies
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5437.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
G.Resolution No. 5439 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the City
to apply for and, if awarded, to accept and expend grant funds in the amount of up to
$2,700,000.00 from the F ederal Aviation Administration related to the A uburn Municipal
A irport Runway E nhancement P roject
Councilmember Wales moved and Councilmember DaCorsi seconded to
approve Resolution No. 5439.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Peloza attended a meeting with Solid Waste to discuss
recycling.
Councilmember B aggett attended the E mergency Management Advisory
Committee meeting and the Pierce County Cities and Town meeting.
Councilmember DaCorsi attended via teleconference the Housing
A dvisory Board meeting.
B .From the M ayor
Mayor Backus thanked Director of F inance S helley Coleman for her 23
years of service, her dedication and hard work. She also expressed her
appreciation and wished her the greatest of happiness in her retirement.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:58 p.m.
A P P R O V E D this 15th day of J uly, 2019.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 6 of 7Page 74 of 218
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 7 of 7Page 75 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Fuhrer)
Date:
June 27, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated July 1, 2019 which includes voucher numbers 454200 through
454424 in the amount of $1,405,972.22 and five wire transfers in the amount of $764,497.83.
Claim voucher list dated July 15, 2019 which included voucher numbers 454425 through
454802 in the amount of $4,752,079.75 and 2 Wire transfers in the amount of $527,418.16.
Rev iewed by Council Committees:
Councilmember:Staff:Fuhrer
Meeting Date:July 15, 2019 Item Number:CA.D
Page 76 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Fuhrer)
Date:
June 27, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538497 through 538514 in the amount of $593,201.79, electronic
deposit transmissions in the amount of $2,048,393.15 for a grand total of $2,641,594.94 for
the period covering June 13, 2019 to June 26, 2019.
Payroll check numbers 538515 through 538546 in the amount of $245,428.24, electronic
deposit transmissions in the amount of $2,088,058.84 for a grand total of $2,333,487.08 for
the period covering June 27, 2019 to July 10, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Fuhrer
Meeting Date:July 15, 2019 Item Number:CA.E
Page 77 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting Public Hearing Date for Franchise Agreement #FRN19-
0013 (Gaub)
Date:
July 2, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6721
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Staff recommends that the City Council set the date of the Public Hearing for Franchise
Agreement No. FRN19-0013 for Seattle SMSA Limited Partnership, dba Verizon Wireless as
August 5, 2019, at 7:00 pm.
Background Summary:
Section 20.06.030 of the Auburn City Code Chapter requires the City to hold a public hearing
before granting or denying a franchise agreement. Staff requests that the City Council set the
date of the public hearing for Franchise Agreement No. FRN19-0013 for Seattle SMSA
Limited Partnership, dba Verizon Wireless for August 5, 2019 at 7:00 pm in Council
Chambers.
Franchise Agreement No. FRN19-0013, (Draft Ordinance No. 6721) is attached as back-up
documentation. Section 20.06.010 of the Auburn City Code requires a franchise for any
commercial utility or telecommunications operator or carrier or other person who wants to use
public ways of the City and to provide telecommunications or commercial utility services to
any person or area in the City.
Seattle SMSA Limited Partnership, dba Verizon Wireless has applied for a Franchise
Agreement to be able to construct within the City’s rights-of-way a small wireless facilities
network. Seattle SMSA wants to provide personal wireless telecommunications and data
communications services for the benefit of wireless communications subscribers in and
around the City of Auburn.
The initial proposed build-out includes multiple locations on Lea Hill on City owned poles and
PSE owned poles. The applicant is requesting the entire City as the proposed franchise area
so that they can build out their small cell network. Exact locations, plans, engineering and
construction schedules would be reviewed, approved and managed through the City’s
permitting processes that are a requirement of the Franchise Agreement.
Rev iewed by Council Committees:
Page 78 of 218
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:CA.F
Page 79 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 1 of 17
ORDINANCE NO. 6721
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING
SEATTLE SMSA LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, D/B/A
VERIZON WIRELESS, A FRANCHISE FOR
WIRELESS TELECOMMUNICATIONS FACILITIES
WHEREAS, Seattle SMSA Limited Partnership, a Delaware limited
partnership, d/b/a Verizon Wireless (“Grantee”), has applied to the City of Auburn
(“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of
certain public right(s)-of-way within the City, to install, construct, erect, operate,
maintain, repair, relocate and remove Grantee’s facilities in, on, over, under, along
and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise; and
WHEREAS, based on the information presented at the public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City and its inhabitants to grant the franchise to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use; Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore and repair Grantee Facilities
to provide Telecommunications Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Telecommunications
Services, and it extends no rights or privilege relative to any facilities or services
of any type, including Grantee Facilities and Telecommunications Services, on
public or private property elsewhere within the City.
Page 80 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 2 of 17
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, rights-of-way, property, or any portions thereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acknowledges its use of the Franchise Area
shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any right-of-way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area containing
Grantee Facilities, the City shall reserve an easement for public utilities within that
vacated portion, pursuant to RCW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address shall be designated in writing and delivered to the other party. Any such
notice shall become effective upon receipt by certified mail , confirmed delivery by
overnight courier, or the date stamped received by the City.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Page 81 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 3 of 17
Auburn, WA 98001-4998
Grantee: Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
With a copy to: Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Pacific Market General Counsel
15505 Sand Canyon Avenue
Irvine, CA 92618
B. Any changes to the above-stated Grantee information shall be sent
to the City at City’s notice addresses, referencing the number of this Ordinance.
C. The City may also contact Grantee at the following number during
normal business hours and for emergency or other needs outside of normal
business hours of the Grantee: 800-264-6620.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the
effective date of this Franchise specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
one, additional five (5) year period upon submission and approval of the application
specified under ACC 20.06.130, as it now exists or is amended, within the
timeframe set forth in that section (currently not more than 240 and not less than
180 days prior to expiration of the then-current term). Any materials submitted by
the Grantee for a previous application may be considered by the City in reviewing
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or
Telecommunications Services, or to reflect specific reporting periods mandated by
the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues month to month until renewed or
either party gives written notice at least one hundred and eighty (180) days in
advance of intent not to renew the Franchise.
Page 82 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 4 of 17
Section 4. Definitions
For the purpose of this agreement:
A. “ACC” or “City Code” means the Auburn City Code.
B. "Emergency" means a condition of imminent danger to the health,
safety and welfare of persons or property located within the City including, without
limitation, damage to persons or property from natural consequences, such as
storms, earthquakes, riots, acts of terrorism or wars.
C. “Franchise Area” means all present and future Rights-of-W ay as
defined in Section 4.H. herein, within the City Limits as they currently exist or as
amended in the future.
D. “Grantee Facilities” means any and all equipment, appliances,
attachments, appurtenances and other items necessary for Telecommunications
Services or “personal wireless services” as defined in RCW 80.36.375 that are
located in the Right-of-Way. It includes microcell, minor and small cell facilities and
strand-mounted units.
Grantee Facilities do not include anything used to provide wireline services,
front-haul or back-haul services, including fiber optic cables, coaxial cables, wires,
conduit or other equipment, appliances, attachments and appurtenances. They do
not include any equipment that is not within ten (10) feet of the pole (excluding any
strand-mounted unit) or base station, or that is not within the Right-of-Way, or that
is covered under a separate Franchise Agreement or agreement.
E. “Grantee’s Telecommunications Services” means the transmission
and reception of wireless communications signals, including but not limited to
personal wireless and data communications services, over Licensee’s federally
licensed frequencies, pursuant to all the rules and regulations of the Federal
Communications Commission, and in accordance with the terms of this
Agreement, for the benefit of wireless communications subscribers in and around
the Franchise Area.
F. “Maintenance” or “maintain” shall mean examining, testing,
inspecting, repairing, maintaining, restoring and replacing the existing Grantee
Facilities or any part thereof as required and necessary for safe operation.
G. “Relocation” means permanent movement of Grantee Facilities
required by the City, and not temporary or incidental movement o f such facilities,
or other revisions Grantee would accomplish and charge to third parties without
regard to municipal request.
Page 83 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 5 of 17
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, shoulders,
curbs, landscaping areas between sidewalks and curbs or shoulders, and other
public rights-of-ways and similar public properties and areas to the extent that the
City has the authority to grant permission to use any of the foregoing . It does not
include structures, including poles and conduit, located in the right-of-way and, any
other property owned by the City in its proprietary capacity.
Section 5. Acceptance of Franchise
A. This Franchise shall not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarantees
specified in Section 16, and (4) payment of any outstanding application fees per
the City Fee Schedule. These four items shall collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Location, Siting, Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits, approvals and facilities lease agreements as required under ACC
Chapters 12.24, 13.32A and 20 for any work done within the Right-of-Way or to
site Grantee Facilities on any facilities, structures or poles owned by third parties
within the Right-of-Way or on any City-owned facilities, structures or poles within
the Right-of-Way. City Council authorizes the Director of Public Works or the
Director’s designee to negotiate and execute all agreements necessary for the use
of City owned property. Grantee shall comply with all applicable City, State, and
Federal codes, rules, regulations, and orders in undertaking such work, which shall
be done in a thorough and proficient manner.
Grantee shall be required to submit the appropriate application to the
City related to siting within the public Right-of-Way as provided under this
Franchise, for review and approval by the City Engineer, prior to submitting an
application for a construction permit(s) for any and all locations in the public Right-
of-Way, whether Grantee is proposing to locate on City owned facilities, structures
or poles, or on third party owned facilities, structures or poles. The siting
application shall be submitted to the City and shall be in addition to any other
Page 84 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 6 of 17
required permits for construction, building, land use, zoning, lease agreements or
other approvals as required by applicable City Code.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located in the public Right-of-W ay within which Grantee is undertaking its
activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public Right-of-Way and may from
time to time, pursuant to and in accordance with the applicable sections of this
Franchise or the ACC, require the adjustment, securement, removal, relocation
and/or replacement thereof in the public interest and safety at the expense of the
Grantee.
D. Before commencing any work within the public Right-of-Way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and public places in
the Franchise Area to the extent necessary to prevent the branches of those trees
from coming in physical contact with the Grantee Facilities. Grantee shall be
responsible for debris removal from such activities. If such debris is not removed
within twenty-four (24) hours of completion of the trimming, the City may, at its sole
discretion, remove such debris and charge Grantee for the cost of removal. This
section does not, in any instance, grant automatic authority to clear vegetation for
purposes of providing a clear path for radio signals. Any such general vegetation
clearing will require a land-clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence repair and
emergency response work as required under the circumst ances. The Grantee shall
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Grantee’s emergency contact phone
number for the corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the Grantee,
but shall notify the Grantee in writing as promptly as possible under the
circumstances. Grantee will reimburse the City for the City’s actual cost of
performing emergency response work.
Page 85 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 7 of 17
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any property, Grantee will restore, at its own cost and expense, the
property to a safe condition. Upon returning property to a safe condition, the
property shall then be returned to the condition it was in immediately prior to being
damaged (if the safe condition of the property is not the same as that which existed
prior to damage). Such repair work shall be performed and completed to the
satisfaction of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another telecommunication
or utility operator’s or carrier’s submittal of a permit for new or additional structures,
equipment, appurtenances or tangible property, then the Grantee Facilities shall
have priority. These rules governing preference shall continue in the event of the
necessity of relocating or changing the grade of any City road or right-of-way. A
relocating utility shall not necessitate the relocation of another utility that otherwise
would not require relocation. This Section shall not apply to any City facilities or
utilities that may in the future require the relocation of Grantee Facilities. Such
relocations shall be governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities. For development of new
areas, the City, in consultation with Grantee and other telecommunication and
utility purveyors or authorized users of the Rights-of-Way, will develop guidelines
and procedures for determining specific telecommunications and utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information
shall include, at a minimum, as-built drawings of Grantee Facilities, including
installation inventory, and maps and plans showing the location of existing Grantee
Page 86 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 8 of 17
Facilities and planned Grantee Facilities(to the extent that maps and plans
showing planned facilities are available) within the Rights of Way. This information
may be requested either in hard copy or electronic format, compatible with the
City’s data base system, as now or hereinafter exist s, including the City’s
Geographic Information System (GIS) data base. Upon the City’s request, Grantee
shall inform the City of its long range plans for installation, if such p lans are
available, so that the City may coordinate any future development with Grantee’s
proposed designs. If such plans are not immediately available, are not finalized,
or are proprietary in nature, then Grantee is under no obligation to provide such
information to the City. Should the Grantee fail, for any reason, to provide
information regarding its long range plans or planned Grantee Facilities upon the
City’s request, then the City is under no obligation to coordinate with, account for
or authorize their facilities in future Right-of-Way projects or the City’s long range
plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City; however,
nothing in this Section shall be construed to require Grantee to disclose proprietary
or confidential information without adequate safeguards to protect the confidential
or proprietary nature of the information. Accordingly, in the event the City receives
a public records request under applicable state or federal law, the City agrees to
notify the Grantee of such request related to the Grantee, and to give the Grantee
ten (10) working days to obtain an injunction prohibiting the release of the records.
C. Grantee shall defend, indemnify and hold the City harmless for any
loss or liability for fines, penalties, and costs (including attorneys’ fees) imposed
on the City because of non-disclosures requested by Grantee under Washington’s
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Pursuant to Auburn City Code Chapter 13 and Chapter 20 as
currently written or as amended in the future, except as otherwise so required by
law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the
City Engineer at no expense or liability to the City, except as may be required by
RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to
protect and save harmless the City from any customer or third -party claims for
service interruption or other losses in connection with any such change, relocation,
abandonment, or vacation of the Public Right-of-Way.
B. If securement, adjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Grantee the actual costs.
Page 87 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 9 of 17
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of all or a portion of the Grantee Facilities, the Grantee shall, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Grantee may ask the City in writing to abandon, in whole or in part,
all or any part of the Grantee Facilities. Any plan for abandonment of Grantee
Facilities must be approved in writing by the City, which approval shall not be
unreasonably withheld.
C. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Subject to applicable law addressing the undergrounding of
telecommunication facilities, whenever the City requires the undergrounding of
aerial utilities in the Franchise Area, the Grantee shall underground the Grantee
Facilities, in the manner specified by the City Engineer at no expense or liability to
the City, except as may be required by RCW Chapter 35.99. W here other utilities
are present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, contractors and employees, and volunteers harmless
from any and all costs, claims, injuries, damages, losses, suits, or liabilities
including attorneys’ fees arising out of or in connection with the Grantee’s
performance (including Grantee’s agents’ or representatives’ performances) under
this Franchise, except to the extent such costs, claims, injuries, damages, losses,
suits, or liabilities are caused or contributed to by the negligence or willful
Page 88 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 10 of 17
misconduct of the City or its officers, officials, agents and employees. 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 Grantee and the City, its officers, officials or employees, and
volunteers, the Grantee's liability hereunder shall be only to the extent of the
Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Franchise Area or any other City road, right-of-way, or other property, except
to the extent any such damage or loss is directly caused by the negligence or willful
misconduct of the City, or its employees, contractors and agents performing such
work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services with regard to work performed by or at the direction of Grantee.
The Grantee shall hold the City harmless from any liability arising out of or in
connection with any damage or loss to the Grantee for the City’s failure or inability
to provide such services, and, pursuant to the terms of Section 14(A), the Grantee
shall indemnify the City against any and all third -party costs, claims, injuries,
damages, losses, suits, or liabilities based on the City’s failure or inability to provide
such services.
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity under
Industrial Insurance, Title 51 RCW , solely for the purposes of indemnity claims
made by the City against Grantee or claims made by Grantee’s employees directly
against the City. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of th is
Franchise, insurance against claims for injuries to persons or damage to property
Page 89 of 218
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 11 of 17
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its officers, officials, and employees in the amounts and types set
forth below:
1. Commercial Automobile Liability insurance covering all
owned, non-owned, hired, and leased vehicles with a combined single limit for
bodily injury and property damage of $1,000,000.00 per accident including
contractual liability. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01, or a substitute form used by Grantee, so long as it provides
equivalent liability coverage.
2. Commercial General Liability insurance with limits of
$5,000,000.00 each occurrence for bodily injury and property damage and,
$5,000,000.00 general aggregate including $5,000,000.00 products-completed
operations aggregate limit, premises-operations, independent contractors,
products-completed operations, personal injury and advertising injury and
contractual liability assumed under an insured contract. There shall be no
exclusion for liability arising from explosion, collapse, or underground property
damage. The City shall be named as an additional insured as their interest may
appear under the Grantee’s Commercial General Liability insurance policy with
respect to the work performed under this Franchise by means of a blanket
additional insured endorsement using ISO Additional Insured Endorsement for
Ongoing Operations, CG 20 10 10 01 and Additional Insured Completed
Operations Endorsement, CG 20 37 10 01, or substitute endorsements utilized by
Grantee providing equivalent coverage.
3. Professional Liability insurance with limits of $1,000,000.00
per claim and aggregate covering the negligence , acts, errors, and/or omissions
of Grantee in the performance of professional services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies shall:
1. Provide that the Grantee’s insurance coverage shall be
primary insurance as respects the City. Any insurance, self -insurance, or
insurance pool coverage maintained by the City shall be in excess of the Grantee’s
insurance and shall not contribute with it.
2. Upon receipt of appropriate notice from its insurer(s), Grantee
shall provide the City with thirty (30) days prior written notice of cancellation of any
of the insurance policies required herein.
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Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 12 of 17
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
blanket additional insured endorsements evidencing the insurance requirements
of Grantee before commencement of the work.
E. Grantee shall not have the right to self -insure any of the above
required insurance at any time throughout the life of this Franchise Agreement or
the life of the Grantee’s Facilities, unless Grantee and City enter into an
amendment to this Franchise that provides otherwise. Further, any successors,
assignees, transferees, contractors, agents or representatives of the Grantee shall
not have the right to self -insure any of the above required insurance at any time
throughout the life of this Franchise Agreement or the life of the Facilities.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
The Grantee shall provide the City with a bond or financial guarantee in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City, for all of the Grantee
Facilities in the City. If Grantee fails to substantially comply with any one or more
of the provisions of this Franchise, the City shall recover jointly and severally from
the Grantee, bond or any surety of such financial guarantee, any actual and direct
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs and the cost of removal or abandonment of facilities.
Grantee specifically agrees that its failure to comply with the terms of Section 19
shall constitute a material breach of this Franchise. Such a bond or financial
guarantee shall not be construed to limit the Grantee’s liability to the guarantee
amount, or otherwise limit the City’s recourse to any remedy to which the City is
otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
Page 91 of 218
------------------------------
Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 13 of 17
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (1) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (2) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (3) An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s sta te of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to insist on full compliance thereafter.
E. Transactions between affiliated entities are not exempt fr om the
required City approval. Grantee shall promptly notify the City in writing prior to any
proposed change in, or transfer of, or acquisition by any other party of control of
the Grantee’s company. Notification shall include those items set out in subsection
17.C (1) through (3) herein above.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise shall
be governed by and construed in accordance with the la ws of the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree
Page 92 of 218
------------------------------
Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 14 of 17
that venue shall be exclusively in King County, Washington. The prevailing party
in any such action shall be entitled to its attorneys’ fees and costs of suit, which
shall be fixed by the judge hearing the case, and such fees shall be included in the
judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through negligence, or should it fail to heed or comply
with any notice given to Grantee under the provisions of this Agreement, the City
may, at its discretion, provide Grantee with written notice to cure the breach within
thirty (30) days of receipt of written notification. If the parties determine the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Grantee’s submittal of a plan to cure the breach
within the specified period, commencement of work within the original thirty-day
cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Grantee does not comply with the specified
conditions, the City may, at its discretion, either (1) revoke the Franchise with no
further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00)
per day against the bond or financial guarantee set forth in Section 16 for every
day after the expiration of the cure period that the breach is not cured .
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities, and Grantee Services, the City
reserves the right to cancel this Franchise and require the Grantee to apply for,
obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise (collectively,
“Laws”). Furthermore, notwithstanding any other terms of this Agreement
appearing to the contrary, the Grantee shall be subject to the police power of the
City to adopt and enforce general ordinances necessary to protect the safety and
welfare of the general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City Ordinance enacted pursuant to such federal or state statute
Page 93 of 218
------------------------------
Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 15 of 17
or regulation upon providing Grantee with thirty (30) days written notice of its action
setting forth the full text of the amendment and identifying the statute, regulation,
or ordinance requiring the amendment. The amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, the Grantee makes a written call for negotiations over the
terms of the amendment. If the parties do not reach agreement as to the terms of
the amendment within thirty (30) days or within such other timeframe as
determined by the City, of the call for negotiations, the City may enact the proposed
amendment, by incorporating the Grantee’s concerns to the maximum extent the
City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written notice
to the Grantee, if the Grantee fails to comply with such amendment or modification.
The City shall retract its notice of termination if the City determines that the Grantee
is in compliance with the amendment or modification within such 30 -day period.
The City may grant longer than the 30-days to comply if the Grantee provides
notice to the City of its intent to comply and can demonstrate good-faith efforts to
reach compliance to the satisfaction of the City.
Section 21. License, Fees, Tax and Other Charges
Grantee shall pay promptly and before they become delinquent , all fees and
charges for all applicable permits, licenses and construction approvals imposed by
the City for Grantee’s permitted use of the Grantee Facilities within the Rights-of-
Way. This Franchise shall not exempt the Grantee from any future license, fee,
tax, or charge, which the City may hereinafter adopt pursuant to authority granted
to it under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Page 94 of 218
------------------------------
Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 16 of 17
Section 25. Implementation.
The Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directions of this Franchise.
Section 26. 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
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 95 of 218
------------------------------
Draft Ordinance No. 6721
Franchise Agreement No. FRN19-0013
June 13, 2019
Page 17 of 17
Exhibit A
STATEMENT OF ACCEPTANCE
Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon
Wireless, for itself, its successors and assigns, hereby accepts and agrees to be
bound by all lawful terms, conditions and provisions of the Franchise attached
hereto and incorporated herein by this reference.
SEATTLE SMSA LIMITED PARTNERSHIP
d/b/a Verizon Wireless
By: Cellco Partnership, its General Partner
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2018, before me the undersigned, a Notary Public
in and for the State of __________, duly commissioned and sworn, personally appeared,
__________________ of Cellco Partnership, General Partner of Seattle SMSA Limited
Partnership, a Delaware limited partnership, d/b/a Verizon Wireless the company that
executed the within and foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said company, for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 96 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1705 Gaub)
Date:
July 2, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 19-18, to RW Scott Construction on their low bid of
$588,838.00 for Project No. CP1705, Auburn Way South (SR164) Sidewalk Improvements.
Background Summary:
The City received six (6) responsive bids and the low bid was approximately 13% below the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that RW Scott Construction meets the responsible bidding criteria and
recommends award.
The Auburn Way South (SR164) Sidewalk Improvements project consists of constructing a
sidewalk on the north side of Auburn Way South from approximately 17th Street SE to
Muckleshoot Plaza, completing the sidewalk gap that currently exists through this stretch of
the Auburn Way South corridor.
It is anticipated that construction will begin in August 2019 and be complete by mid October
2019.
A project budget contingency of $14,464.00 remains in the 328 Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:CA.G
Page 97 of 218
Project No: CP1705 Project Title:
Project Manager: Matt Larson
Project Update
Permission to Advertise
Contract Award
Change Order Approval
Contract Final Acceptance
Funding Prior Years 2017 (Actual)2018 (Actual)2019 Total
328 Fund - Local Match 12,216 24,725 468,110 505,051
328 Fund -State TIB Grant 10,835 19,207 344,692 374,734
Total 23,051 43,932 812,802 879,785
Activity Prior Years 2017 (Actual)2018 (Actual)2019 Total
Design Engineering - City Costs 23,051 43,932 35,000 101,983
Design Engineering - WSDOT (JA Acct. JZ 0331)5,000 5,000
Construction Contract Bid 588,838 588,838
Authorized Construction Contingency 75,000 75,000
Construction - Other (LED Street Light Upgrades by PSE)2,000 2,000
Construction Engineering - City Costs 75,000 75,000
Const. Engr. - WSDOT Inspection (JA Acct. No. JZ 0331)7,500 7,500
Construction Engineering - Other (Materials Testing, etc.)10,000 10,000
Total 23,051 43,932 798,338 865,321
Prior Years 2017 (Actual)2018 (Actual)2019 Total
*328 Funds Budgeted ( )(23,051)(43,932)(812,802)(879,785)
328 Funds Needed 23,051 43,932 798,338 865,321
*328 Fund Project Contingency ( )0 0 (14,464)(14,464)
328 Funds Required 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
328 Arterial Street Budget Status
BUDGET STATUS SHEET
AWS Sidewalk Improvement Project
Date: 7/1/2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1705-Auburn Way South Sidewalks, 17th St SE to Muckleshoot Plaza\3.00 Project Management\3.20
Budget\AWS Sidewalks BudgetStatusSheet .xls 1 of 1Page 98 of 218
B asic B I D Am ount Tot al B ID Am ount Tot al B ID S pr e ad $Tot al B ID S pre ad %
LOW B ID D ER :R.W. S cot t Constr uc t ion Co.$5 8 8,8 38.00 $588 ,83 8 .00 -$85 ,58 7.0 0 -12.6 9%
Sec ond Bidder:P ivetta Broth ers C onstru c tion, In c .$618,611.90 $618,611.90 -$55,813.10 -8.28%
B asic B ID
(T ax not inc lude d)
Total B I D
(Inc luding t ax )
1.R.W. Sc ott C onstru c tion C o.$588,838.00 $588,838.00
2.Piv etta B roth ers C o n struc tion , Inc .$618,611.90 $618,611.90
3.Rin o C on stru c tion $632,377.00 $632,377.00
4.Sou n d P ac if ic C on stru c tion $696,615.00 $696,615.00
5.NP M C on stru c tion C o.$707,648.00 $707,648.00
6.C C T C on stru c tion In c .$781,675.00 $781,675.00
NO TE: A n ev aluation of w hether a bidder is responsible or n on-respon sible w as on ly m ade f or the low bidder. T his does n ot ind ic ate, on e w ay or th e oth er, how oth er bidders w ould be c onsidered if th ey w ere th e low bidder.
Bid Tabulation - Bid Totals Summary
P rojec t: C P1705, A u burn Way South Sidew alk Im prov em en ts , 19-18
P rep ared By : C ity of A u bu rn
B id Date: Ju ne 27, 2019
W /O Tax Inc. Tax
ENG INEER 'S ES TIMATE:$6 7 4,4 25.00 $6 74,425 .00
A VERA GE BID A M OUN T :$670,960.82 $670,960.82
(not including t ax )
6/27/2019 Page 10/10
Page 99 of 218
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
CP1705 Vicinity Map
1in =667 ft
7/1/2019Printed 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.
PROJECT LIMITS:
SIDEWALK ALONG NORTH SIDE
OF AUBURN WAY SOUTH ONLY
LES GOVE
COMMUNITY
CAMPUS
MUCKLESHOOT CASINO
Page 100 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1802 (Gaub)
Date:
July 3, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council approve Change Order No. 1 in the amount not to exceed $46,000.00 to
Contract No. 19-01 for work on Project No. CP1802, Green River Pump Station Emergency
Power Project.
Background Summary:
The purpose of the project is to provide backup power using the engine generator at Well
#5B, construct a generator building, install a fuel tank to supply fuel to the engine generator,
modify existing electrical systems to accommodate new generator and install stormwater
management facilities for new and existing storm runoff.
Change Order No 1. will compensate the Contractor to remove and install two new variable
frequency drives as part of the electrical modifications to the new system. The new variable
frequency drives will replace two original drives, one of which recently failed and another that
is at the end of its service life. Variable frequency drives allow us to control the frequency and
voltage supplied to pumps, increasing the life and efficiency of our water supply system.
A project budget contingency of $36,587.00 remains in the 460 Water Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:CA.H
Page 101 of 218
Project No: CP1802 Project Title:
Project Manager: Luis Barba
Project Update
Project Initiation (PMP) Date: : 1/23/2017 Permision to Advertise
Advertisement Date: 3/7/2019 Contract Award
Award Date: 4/15/2019 Change Order Approval
Contract Final Acceptance
Funding 2018 (Actual)2019 2020
Future Years Total
460 Fund - Water 193,716 1,221,284 0 0 1,415,000
Total 193,716 1,221,284 0 0 1,415,000
Activity 2018 (Actual)2019 2020
Future Years Total
Design Engineering - City Costs 24,266 20,735 0 0 45,001
Design Engineering - Consultant Costs 169,450 35,550 0 0 205,000
Permitting 0 1,000 0 0 1,000
Design Engineering-Other 0 1,000 0 0 1,000
Construction Contract Bid 0 915,375 0 0 915,375
Change Order No. 1 0 46,000 0 0 46,000
Authorized Construction Contingency (10%) 0 91,537 0 0 91,537
Construction Engineering-Other 0 2,500 0 0 2,500
Construction Engineering - City Costs 0 40,000 0 0 40,000
Construction Engineering - Consultant Costs 0 20,000 0 0 20,000
Construction Engineering - Testing 0 10,000 0 0 10,000
Construction Engineering- Permitting 0 1,000 0 0 1,000
Total 193,716 1,184,697 0 0 1,378,413
2018 (Actual)2019 2020
Future Years Total
*460 Funds Budgeted ( ) (193,716) (1,221,284) 0 0 (1,415,000)
460 Funds Needed 193,716 1,184,697 0 0 1,378,413
*460 Fund Project Contingency ( )0 (36,587) 0 0 (36,587)
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
ENG-270, Revised 12/17
460 Water Budget Status
BUDGET STATUS SHEET
Green River Pump Station Emergency Power
Updated:July 3, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1802-Green River Pump Station Emerg. Power\3.00 Project Management\3.20 Budget\CP1802-
Budgetstatusheet_rv1.xlsx 1 of 1Page 102 of 218
0.1
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Miles0.10.10
CP1802 Vicinity Map 11/16/2017Printed 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.
Page 103 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1805 (Gaub)
Date:
July 2, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No.19-19, to the lowest responsible bidder for Project No.
CP1805, 2019 Sewer Repair and Replacement Project.
Background Summary:
The 2019 Sewer Repair and Replacement Project will include the reconstruction of 8-inch
diameter sanitary sewer pipe at four different project sites, approximately 3,450 linear feet,
constructing an Ultra-Violet (UV)-Cured Cured-in-Place Pipe (CIPP); extending one sewer
pipe to accommodate the installation of a new manhole structure, and installation of a new
saddle manhole structure.
This work will be funded by the 461 Fund (Sewer), and is anticipated to begin in late July or
early August 2019, and closeout construction by December 2019.
Because the bid opening was held on July 9, 2019. There was not adequate time for staff to
compile the bid tabulation to include in the agenda packet. A revised agenda bill specifying
the contractor and contract amount will be distributed to the Council at their meeting
scheduled for July 15, 2019.
Updated information regarding the budget status will be presented with the revised agenda
bill.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:CA.I
Page 104 of 218
Project No: CP1805 Project Title:
Project Manager: Jai Carter
90% Design
Initiation Date: _June 6, 2018________ Permision to Advertise
Advertisement Date: __June 25, 2019______ Contract Award
Award Date: __July 15, 2019 _________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2018 (actual) 2019
Future Years Total
431 Fund - Sewer 110,958 1,689,042 1,800,000
Total 0 110,958 1,689,042 0 1,800,000
Activity Prior Years 2018 (actual) 2019
Future Years Total
Design Engineering - City Costs 82,531 44,301 126,832
Design Engineering - Consultant Costs 28,428 138,029 166,457
Construction Estimate 949,000 949,000
Project Contingency (15%)142,350 142,350
Construction Engineering - City Costs 100,000 100,000
Construction Engineering - Consultant Costs 25,000 25,000
Total 0 110,958 1,398,681 0 1,509,639
Prior Years 2018 (actual) 2019
Future Years Total
*431 Funds Budgeted ( )0 (110,958) (1,689,042) 0 (1,800,000)
431 Funds Needed 0 110,958 1,398,681 0 1,509,639
*431 Fund Project Contingency ( )0 0 (290,361) 0 (290,361)
431 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
431 Sewer Budget Status
BUDGET STATUS SHEET
2019 Sewer Repair and Replacement
Date: June 20, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1805 - 2019 Sanitary Sewer R&R Project\3.00 Project Management\3.20 Budget\Copy of 18-19 R&R
BudgetStatusSheet.xls 1 of 1Page 105 of 218
5,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet5,333.32,666.70
CP1805 - Vicinity Map 7/2/2019Printed 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.
Site 8 - Between Auburn Way S and
17th St SE; and H St SE and J St SE
Site 11 - Between 37th St
SE Vicinity and 41st St SE
Site 5 - Between 11th St SE
and 12th Street SE
Site 4 - Between 2nd St SE and 4th
St SE; and I St SE and J St SE
Page 106 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1823 (Gaub)
Date:
July 2, 2019
Department:
Public Works
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No.19-20, to the lowest responsible bidder for Project No.
CP1823, 2018 Storm Repair and Replacement Project.
Background Summary:
The 2018 Storm Repair and Replacement Project includes improvements to the City’s storm
system at various locations with the purpose of replacing aging infrastructure, or addressing
surface water runoff concerns. Specifically, improvements will include the installation of
twelve new catch basins, three new overflow risers, approximately 730 lf of new storm drain,
one new stormwater treatment structure, nine stormwater treatment structure retrofits, and one
infiltration gallery.
This work will be funded by the 462 Fund (Storm), and is anticipated to begin in late July or
early August 2019, and closeout construction by December 2019.
Because the bid opening was held on July 9, 2019. There was not adequate time for staff to
compile the bid tabulation to include in the agenda packet. A revised agenda bill specifying
the contractor and contract amount will be distributed to the Council at their meeting
scheduled for July 15, 2019.
Updated information regarding the budget status will be presented with the revised agenda
bill.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:CA.J
Page 107 of 218
Project No: CP1823 Project Title:
Project Manager: Jai Carter
Project Initiation
Project Initiation (PMP) Date: __August 9, 2018_______ Permision to Advertise
Advertisement Date: _June 20, 2019_______ Contract Award
Award Date: __July 15, 2019_________ Final Design
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
462 Fund - Storm 0 34,903 1,072,097 0 1,107,000
Total 0 34,903 1,072,097 0 1,107,000
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 26,011 20,000 0 46,011
Design Engineering - Consultant Costs 0 4,791 155,226 0 160,017
APS Locates 0 3,330 0 0 3,330
Title Reports 0 771 0 0 771
Construction Estimate 0 0 741,975 0 741,975
Construction Contingency (10%) 0 0 74,198 0 74,198
Materials Testing 0 0 8,000 0 8,000
Other 0 0 1,500 0 1,500
Construction Engineering - City Costs 0 0 40,000 0 40,000
Construction Engineering - Consultant Costs 0 0 10,000 0 10,000
Total 0 34,903 1,050,899 0 1,085,802
2017 2018 2019
Future Years Total
*462 Funds Budgeted ( )0 (34,903) (1,072,097) 0 (1,107,000)
462 Funds Needed 0 34,903 1,050,899 0 1,085,802
*462 Fund Project Contingency ( )0 (0) (21,198) 0 (21,198)
462 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2018 Storm Repair and Replacement
Updated: June 19, 2019
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
462 Storm Utility Budget Status
H:\PROJ\CP1823- 2018-2019 Storm Renewal and Replacement\3.00 Project Management Plan\3.40 Cost
Management\Copy of Budget Status Sheet.xlsx 1 of 1Page 108 of 218
Page 109 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6720 (Fuhrer)
Date:
July 3, 2019
Department:
Finance
Attachments:
Memo
Ordinance No. 6720
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
City Council to introduce and adopt Ordinance No. 6720.
Background Summary:
Ordinance No. 6720 (Budget Amendment #3) amends the 2019-2020 Revised Budget as
presented in the attached transmittal memorandum and supporting attachments.
The proposed budget amendment has been revised to reflect updated working capital
balance adjustments for enterprise and internal service funds.
Rev iewed by Council Committees:
Councilmember:Staff:Fuhrer
Meeting Date:July 15, 2019 Item Number:ORD.A
Page 110 of 218
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Nancy Backus, Mayor
Date: June 19, 2019
Re: Ordinance #6720 – 2019-2020 Budget Amendment #3
Budget Amendment #3 is the third amendment of the City of Auburn’s 2019-2020 biennial budget. The main
purpose of this budget amendment is to adjust budgeted 2019 beginning fund balances to match actual 2018
ending fund balances per accounting records. Additional items included in this amendment are recognition
of new revenue, either grants or transfers in from other supporting funds, requests for additional budget
authority for projects and removal of discontinued programs. To identify requested changes to each fund,
please refer to the accompanying Schedule A, Summary of 2019 Budget Adjustments by Fund.
This budget amendment has been revised to reflect updated working capital balance adjustments for
enterprise and internal service funds.
Fund Balance Adjustments: This amendment adjusts City-wide 2019 budgeted beginning fund
balances to reflect actual ending balances as of the end of 2018. City-wide beginning fund balances
are adjusted by a net increase of $10.4 million.
Revenue Adjustments: This amendment recognizes new grants and updated revenue projections,
including:
• Federal grant for Auburn Way South widening project (cp1622) $ 1,297,500
• Increase in projected property tax revenues 275,000
• Increase MIT casino emergency service revenues 370,000
• Interlocal grant funding for a third school resource officer (from ASD) 60,000
• WSDOE grant to complete the City's shoreline master plan 15,400
• WA Assoc. of Sheriffs & Police Chiefs grant for a speed feedback sign 3,500
• Geocaching Event grant (from Fund 104) 1,100
TOTAL $ 2,022,500
Page 111 of 218
Funding Adjustments: Funding adjustment requests included in this budget amendment increase or
decrease spending authority for existing programs. Significant funding adjustment requests include:
• Funding to replace lead service lines: Due to the availability of a low-interest loan from the
Drinking Water State Revolving Fund (DWSRF), the City can accelerate its plan to replace
lead service lines and associated water mains. The authorized loan amount is $3,000,000.
The availability of these funds also means a planned $100,000 State grant and $50,000 in
Water capital fund balance will not be utilized for this project.
• Budget for DWSRF loan: In 2018, the City was awarded a DWSRF loan for $1,340,000 for the
Coal Creek Springs transmission replacement project. During design, it was determined that
the current approach was infeasible, and the loan was converted to pre-construction costs only
in the amount of $300,000. The change also affects $347,000 in interfund loans and
$1,030,200 in Water capital fund balance that are no longer needed.
• LEOFF1 benefits (General Fund): This amendment reduces the 2019 budget for LEOFF1
benefits by $628,300 to better reflect historical actual expenditure levels. The adjustment
results in a higher General Fund ending fund balance.
• Salaries and Benefits for Second School Resource Officer (General Fund): This amendment
provides budget of $114,300 in 2019 for salaries and benefits associated with the school
resource officer that was added in 2018 in Budget Amendment #6 (Ordinance No. 6684). The
offsetting revenue from the Auburn School District is already incorporated into the 2019
budget.
• Budget for repairs to traffic signals caused by vehicular accidents: The City typically pays for
these repairs and is then reimbursed by insurance companies. This budget amendment
request, in the amount of $100,000, is offset by additional revenues.
• Budget for East Auburn access project. Through an agreement, the Muckleshoot Indian Tribe
(MIT) will reimburse the City’s cost of $100,000 to provide technical guidance and support to
MIT for this project, which is funded by WSDOT and led by MIT. The additional budget
requested includes $20,000 in consultant support costs and $80,000 in City labor and benefit
costs.
• Revised estimates for aviation fuel sales at the Auburn Airport: This amendment would update
the preliminary estimates made during budget development for expenditures and revenues
associated with the sale of aviation fuel (AVGas), increasing both revenues and expenditures
by $80,000.
• Funding for sidewalks on Auburn Way South: This requested budget amendment would
provide $75,000 in additional budget for the project that is needed to cover the cost of
additional design and construction elements being required by WSDOT and anticipated
increases due to a regional increase in construction bids.
New Requests: Significant new funding requests include:
• 2020 Arterial Street Preservation project (Fund 105) $ 699,400
• Replace two message boards (Fund 560) 72,000
• Add third School Resource Officer (70% funded by ASD) 67,200
• Purchase a man-lift and trailer (Fund 560) 22,000
TOTAL $ 896,600
Page 112 of 218
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2019 Budget as Amended
2019 Budget as Amended (through BA#2) $ 333,333,982
Budget Amendment #3 (Ord #6720) 18,829,533
Budget as Amended $ 352,163,515
Attachments:
1. Proposed Ordinance #6720 (Budget Amendment #3)
2. Summary of proposed 2019 budget adjustments by fund and department (Schedule A)
3. Summary of proposed changes to adopted 2019 budget by fund (Schedule B)
Page 113 of 218
-------------------------
Ordinance No. 6720
June 18, 2019
Page 1 of 3
ORDINANCE NO. 6720
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6693, THE 2019-2020 BIENNIAL OPERATING BUDGET
ORDINANCE, AS AMENDED BY ORDINANCE NO. 6712,
AUTHORIZING AMENDMENT TO THE CITY OF AUBURN
2019-2020 BUDGET AS SET FORTH IN SCHEDULE “A” AND
SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2018, adopted Ordinance No. 6693 which adopted the City of Auburn 2019-2020
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of April 1, 2019,
adopted Ordinance No. 6712 (BA#1) which amended Ordinance No. 6693 which
adopted the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of May 20, 2019,
adopted Ordinance No. 6719 (BA#2) which amended Ordinance No. 6712 which
amended the City of Auburn 2019-2020 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2019 budget as outlined in this Ordinance (BA#3);
and
WHEREAS, this Ordinance has been approved by one more than the majority
of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Page 114 of 218
-------------------------
Ordinance No. 6720
June 18, 2019
Page 2 of 3
Section 1. Amendment of the 2019-2020 Biennial Budget. The 2019-
2020 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts shown
on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and Schedule
“B” is on file with the City Clerk and available for public inspection.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this ordinance, or the invalidity of the application of
it to any person or circumstance, will not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force
five days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
____________________________
NANCY BACKUS, MAYOR
Page 115 of 218
-------------------------
Ordinance No. 6720
June 18, 2019
Page 3 of 3
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 116 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
General Fund (#001)
2019 Adopted Budget 18,037,042 72,145,986 77,788,165 12,394,863
Previous Budget Amendments 539,000 (27,700) 538,400 (27,100)
2019 Amended Budget 18,576,042 72,118,286 78,326,565 12,367,763
BA#3 (Ordinance #6720, Proposed):3,074,234 941,000 1,147,900 2,867,334
General Fund Revenues:
Increase budgeted property tax receipts to match long-term financial forecast - 275,000 - 275,000
Increase budgeted revenue from MIT for casino emergency services - 370,000 - 370,000
Community Development Department:
WSDOE grant to complete the City's shoreline master plan - 15,400 15,400 -
Budget for Crime Prevention Through Environ. Design training (w/ revenue offset)- 8,800 8,800 -
Police Department:
Continue funding for the second SRO (from 2018 BA#6; revenue already budgeted)- - 114,300 (114,300)
Budget for a third School Resource Officer 70% funded by ASD (no new FTEs)- 67,200 14,200 53,000
New grant from WA Assoc. of Sheriffs & Police Chiefs for a speed feedback sign - 3,500 3,500 -
Public Works Department:
Incr. budget to cover repairs to traffic signals damaged by vehicular accidents - 100,000 100,000 -
Add budget for East Auburn Access Project, to be funded by MIT - 100,000 20,000 80,000
Administration Department:
LTAC Board-approved grant to the City of Auburn for 2019 Geocaching Event - 1,100 - 1,100
Non-Departmental:
Reduce estimated LEOFF1 benefit expenditures to better reflect historical actuals - - (628,300) 628,300
Adjust beginning fund balance / eliminate contra account (underexpenditures)3,074,234 - 1,500,000 1,574,234
Revised 2019 Budget - Fund 001 21,650,276 73,059,286 79,474,465 15,235,097
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Page 1 of 14 6/14/2019 3:28 PMPage 117 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Arterial Street Fund (#102)
2019 Adopted Budget 1,492,777 1,633,100 1,781,400 1,344,477
Previous Budget Amendments and CIP Carry-Forwards 611,413 1,383,641 2,070,054 (75,000)
2019 Amended Budget 2,104,190 3,016,741 3,851,454 1,269,477
BA#3 (Ordinance #6720, Proposed):(41,819) 1,526,400 1,575,000 (90,419)
Adjust beginning fund balance (41,819) - - (41,819)
Incr funding for sidewalks on AWS (cp1705) due to WSDOT req'ts and cost incr - - 75,000 (75,000)
Funding for AWS widening proj. (cp1622; funded by grant and traffic impact fees)- 1,500,000 1,500,000 -
Correct contractor payment from 2018 (entered in F460 should have been F102)- 26,400 - 26,400
Revised 2019 Budget - Fund 102 2,062,371 4,543,141 5,426,454 1,179,058
Local Street Fund (#103)
2019 Adopted Budget 1,650,780 1,912,000 2,605,900 956,880
Previous Budget Amendments and CIP Carry-Forwards 899,476 - 899,476 -
2019 Amended Budget 2,550,256 1,912,000 3,505,376 956,880
BA#3 (Ordinance #6720, Proposed):249,701 - - 249,701
Adjust beginning fund balance 249,701 - - 249,701
Revised 2019 Budget - Fund 103 2,799,957 1,912,000 3,505,376 1,206,581
Hotel/Motel Tax Fund (#104)
2019 Adopted Budget 108,571 153,600 160,050 102,121
Previous Budget Amendments 6,650 - 41,650 (35,000)
2019 Amended Budget 115,221 153,600 201,700 67,121
BA#3 (Ordinance #6720, Proposed):82,454 - - 82,454
Adjust beginning fund balance 82,454 - - 82,454
LTAC Board-approved grant to the City of Auburn for 2019 Geocaching Event - - - -
104.00.557.300.41 PROFESSIONAL SERVICES (1,100)
104.00.597.300.55 OPERATING TRANSFERS OUT 1,100
Revised 2019 Budget - Fund 104 197,675 153,600 201,700 149,575
Page 2 of 14 6/14/2019 3:28 PMPage 118 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Arterial Street Preservation Fund (#105)
2019 Adopted Budget 1,582,337 2,959,320 3,172,240 1,369,417
Previous Budget Amendments and CIP Carry-Forwards 998,143 793,170 1,791,313 -
2019 Amended Budget 2,580,480 3,752,490 4,963,553 1,369,417
BA#3 (Ordinance #6720, Proposed):(536,021) 699,400 699,400 (536,021)
Adjust beginning fund balance (536,021) - - (536,021)
Transfer reserved REET funds for arterial street preservation projects (cp1926)- 699,400 699,400 -
Revised 2019 Budget - Fund 105 2,044,459 4,451,890 5,662,953 833,396
Drug Forfeiture Fund (#117)
2019 Adopted Budget 376,497 155,000 298,037 233,460
Previous Budget Amendments - - - -
2019 Amended Budget 376,497 155,000 298,037 233,460
BA#3 (Ordinance #6720, Proposed):80,697 - 9,400 71,297
Adjust beginning fund balance 80,697 - - 80,697
Increase salaries and benefits in the Drug Forfeiture Fund to reflect Police CBA - - 9,400 (9,400)
Revised 2019 Budget - Fund 117 457,194 155,000 307,437 304,757
Housing & Comm Develop Fund (#119)
2019 Adopted Budget 36,458 590,000 590,000 36,458
Previous Budget Amendments - 269,900 269,900 -
2019 Amended Budget 36,458 859,900 859,900 36,458
BA#3 (Ordinance #6720, Proposed):6,446 - - 6,446
Adjust beginning fund balance 6,446 - - 6,446
Revised 2019 Budget - Fund 119 42,904 859,900 859,900 42,904
Page 3 of 14 6/14/2019 3:28 PMPage 119 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Recreation Trails Fund (#120)
2019 Adopted Budget 64,326 7,100 - 71,426
Previous Budget Amendments - - - -
2019 Amended Budget 64,326 7,100 - 71,426
BA#3 (Ordinance #6720, Proposed):1,550 - - 1,550
Adjust beginning fund balance 1,550 - - 1,550
Revised 2019 Budget - Fund 120 65,876 7,100 - 72,976
BIA Fund (#121)
2019 Adopted Budget 109,473 55,200 90,000 74,673
Previous Budget Amendments 5,400 - 5,400 -
2019 Amended Budget 114,873 55,200 95,400 74,673
BA#3 (Ordinance #6720, Proposed):940 - - 940
Adjust beginning fund balance 940 - - 940
Revised 2019 Budget - Fund 121 115,813 55,200 95,400 75,613
Cumulative Reserve Fund (#122)
2019 Adopted Budget 10,124,312 180,200 142,200 10,162,312
Previous Budget Amendments and CIP Carry-Forwards - - - -
2019 Amended Budget 10,124,312 180,200 142,200 10,162,312
BA#3 (Ordinance #6720, Proposed):33,754 - - 33,754
Adjust beginning fund balance 33,754 - - 33,754
Revised 2019 Budget - Fund 122 10,158,066 180,200 142,200 10,196,066
Page 4 of 14 6/14/2019 3:28 PMPage 120 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Mitigation Fees Fund (#124)
2019 Adopted Budget 10,886,137 1,196,200 2,980,350 9,101,987
Previous Budget Amendments and CIP Carry-Forwards 962,356 416,200 1,228,556 150,000
2019 Amended Budget 11,848,493 1,612,400 4,208,906 9,251,987
BA#3 (Ordinance #6720, Proposed):33,289 - 252,500 (219,211)
Adjust beginning fund balance 33,289 - - 33,289
Funding for AWS widening proj. (cp1622; funded by grant and traffic impact fees)- - 202,500 (202,500)
Increase budget for Brannan Park synthetic infield project (cp1817)- - 50,000 (50,000)
Revised 2019 Budget - Fund 124 11,881,782 1,612,400 4,461,406 9,032,776
Local Revitalization 2010 C&D Bond Fund (#231)
2019 Adopted Budget 11,396 590,300 589,800 11,896
Previous Budget Amendments - - - -
2019 Amended Budget 11,396 590,300 589,800 11,896
BA#3 (Ordinance #6720, Proposed):3,436 - - 3,436
Adjust beginning fund balance 3,436 - - 3,436
Revised 2019 Budget - Fund 231 14,832 590,300 589,800 15,332
LID Guarantee Fund (#249)
2019 Adopted Budget 1,618 30 - 1,648
Previous Budget Amendments - - - -
2019 Amended Budget 1,618 30 - 1,648
BA#3 (Ordinance #6720, Proposed):15 - - 15
Adjust beginning fund balance 15 - - 15
Revised 2019 Budget - Fund 249 1,633 30 - 1,663
Page 5 of 14 6/14/2019 3:28 PMPage 121 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
LID 350 Fund (#275)
2019 Adopted Budget 8,709 7,350 7,400 8,659
Previous Budget Amendments - - - -
2019 Amended Budget 8,709 7,350 7,400 8,659
BA#3 (Ordinance #6720, Proposed):(4,956) - - (4,956)
Adjust beginning fund balance (4,956) - - (4,956)
Revised 2019 Budget - Fund 275 3,753 7,350 7,400 3,703
Golf/Cemetery 2016 Refunding Fund (#276)
2019 Adopted Budget - 374,100 374,100 -
Previous Budget Amendments - - - -
2019 Amended Budget - 374,100 374,100 -
BA#3 (Ordinance #6720, Proposed):19 - - 19
Adjust beginning fund balance 19 - - 19
Revised 2019 Budget - Fund 276 19 374,100 374,100 19
Parks Construction Fund (#321)
2019 Adopted Budget 310,222 2,070,550 2,015,000 365,772
Previous Budget Amendments and CIP Carry-Forwards 184,924 1,100,085 1,285,009 -
2019 Amended Budget 495,146 3,170,635 3,300,009 365,772
BA#3 (Ordinance #6720, Proposed):120,757 50,000 50,000 120,757
Adjust beginning fund balance 120,757 - - 120,757
Increase budget for Brannan Park synthetic infield project (cp1817)- 50,000 50,000 -
Revised 2019 Budget - Fund 321 615,903 3,220,635 3,350,009 486,529
Page 6 of 14 6/14/2019 3:28 PMPage 122 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Capital Improvements Fund (#328)
2019 Adopted Budget 10,404,627 5,775,300 8,500,550 7,679,377
Previous Budget Amendments and CIP Carry-Forwards 1,709,627 839,333 2,698,960 (150,000)
2019 Amended Budget 12,114,254 6,614,633 11,199,510 7,529,377
BA#3 (Ordinance #6720, Proposed):1,211,410 75,000 774,400 512,010
Adjust beginning fund balance 1,211,410 - - 1,211,410
Incr funding for sidewalks on AWS (cp1705) due to WSDOT req'ts and cost incr - 75,000 75,000 -
Transfer reserved REET funds for arterial street preservation projects (cp1926)- - 699,400 (699,400)
Revised 2019 Budget - Fund 328 13,325,664 6,689,633 11,973,910 8,041,387
Local Revitalization Fund (#330)
2019 Adopted Budget 380,500 104,000 484,500 -
Previous Budget Amendments and CIP Carry-Forwards 6,000 - 6,000 -
2019 Amended Budget 386,500 104,000 490,500 -
BA#3 (Ordinance #6720, Proposed):(4,512) - (4,512) -
Adjust beginning fund balance (4,512) - (4,512) -
Revised 2019 Budget - Fund 330 381,988 104,000 485,988 -
Water Fund (#430)
2019 Adopted Budget 3,787,175 15,678,500 14,334,065 5,131,610
Previous Budget Amendments and CIP Carry-Forwards 128,200 - 128,200 -
2019 Amended Budget 3,915,375 15,678,500 14,462,265 5,131,610
BA#3 (Ordinance #6720, Proposed):4,052,091 3,135,100 2,323,700 4,863,491
Adjust beginning fund balance 4,052,091 - - 4,052,091
Adjust budget for Drinking Water Revolving Fund loan to pre-construction only - 135,100 (676,300) 811,400
Incr funding to replace lead service lines due to new DWSRF loan (cp1922)- 3,000,000 3,000,000 -
Revised 2019 Budget - Fund 430 7,967,466 18,813,600 16,785,965 9,995,101
Page 7 of 14 6/14/2019 3:28 PMPage 123 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Sewer Fund (#431)
2019 Adopted Budget 4,267,149 9,104,200 7,842,663 5,528,686
Previous Budget Amendments and CIP Carry-Forwards 25,100 - 25,100 -
2019 Amended Budget 4,292,249 9,104,200 7,867,763 5,528,686
BA#3 (Ordinance #6720, Proposed):1,085,922 - - 1,085,922
Adjust beginning fund balance 1,085,922 - - 1,085,922
Revised 2019 Budget - Fund 431 5,378,171 9,104,200 7,867,763 6,614,608
Storm Drainage Fund (#432)
2019 Adopted Budget 2,859,814 10,156,900 8,865,312 4,151,402
Previous Budget Amendments and CIP Carry-Forwards 26,800 - 26,800 -
2019 Amended Budget 2,886,614 10,156,900 8,892,112 4,151,402
BA#3 (Ordinance #6720, Proposed):2,080,595 - - 2,080,595
Adjust beginning fund balance 2,080,595 - - 2,080,595
Revised 2019 Budget - Fund 432 4,967,209 10,156,900 8,892,112 6,231,997
Sewer Metro Sub Fund (#433)
2019 Adopted Budget 3,184,467 18,372,500 18,215,600 3,341,367
Previous Budget Amendments - - - -
2019 Amended Budget 3,184,467 18,372,500 18,215,600 3,341,367
BA#3 (Ordinance #6720, Proposed):383,462 - - 383,462
Adjust beginning fund balance 383,462 - - 383,462
Revised 2019 Budget - Fund 433 3,567,929 18,372,500 18,215,600 3,724,829
Page 8 of 14 6/14/2019 3:28 PMPage 124 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Solid Waste Fund (#434)
2019 Adopted Budget 5,556,175 16,249,100 16,296,306 5,508,969
Previous Budget Amendments - - - -
2019 Amended Budget 5,556,175 16,249,100 16,296,306 5,508,969
BA#3 (Ordinance #6720, Proposed):126,864 - - 126,864
Adjust beginning fund balance 126,864 - - 126,864
Revised 2019 Budget - Fund 434 5,683,039 16,249,100 16,296,306 5,635,833
Airport Fund (#435)
2019 Adopted Budget 434,633 1,218,600 1,353,493 299,740
Previous Budget Amendments 40,000 - 53,200 (13,200)
2019 Amended Budget 474,633 1,218,600 1,406,693 286,540
BA#3 (Ordinance #6720, Proposed):116,285 80,000 80,000 116,285
Adjust beginning fund balance 116,285 - - 116,285
Revise budgeted revenues and expenditures for aviation fuel sales - 80,000 80,000 -
Revised 2019 Budget - Fund 435 590,918 1,298,600 1,486,693 402,825
Cemetery Fund (#436)
2019 Adopted Budget 441,060 1,187,000 1,363,962 264,098
Previous Budget Amendments - - - -
2019 Amended Budget 441,060 1,187,000 1,363,962 264,098
BA#3 (Ordinance #6720, Proposed):309,598 - - 309,598
Adjust beginning fund balance 309,598 - - 309,598
Revised 2019 Budget - Fund 436 750,658 1,187,000 1,363,962 573,696
Page 9 of 14 6/14/2019 3:28 PMPage 125 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Water Capital Fund (#460)
2019 Adopted Budget 138,010 9,037,400 6,612,686 2,562,724
Previous Budget Amendments and CIP Carry-Forwards 2,710,441 697,616 3,928,057 (520,000)
2019 Amended Budget 2,848,451 9,735,016 10,540,743 2,042,724
BA#3 (Ordinance #6720, Proposed):(879,957) 1,876,700 796,500 200,243
Adjust beginning fund balance (879,957) - - (879,957)
Adjust budget for Drinking Water Revolving Fund loan to pre-construction only - (1,023,300) (2,053,500) 1,030,200
Correct contractor payment from 2018 (entered in F460 should have been F102)- - - -
460.00.590.100.65 CONSTRUCTION PROJECTS (26,400)
460.00.597.100.55 OPERATING TRANSFER OUT 26,400
Incr funding to replace lead service lines due to new DWSRF loan (cp1922)- 2,900,000 2,850,000 50,000
Revised 2019 Budget - Fund 460 1,968,494 11,611,716 11,337,243 2,242,967
Sewer Capital Fund (#461)
2019 Adopted Budget 11,210,691 734,700 2,895,900 9,049,491
Previous Budget Amendments and CIP Carry-Forwards 1,029,608 - 1,029,608 -
2019 Amended Budget 12,240,299 734,700 3,925,508 9,049,491
BA#3 (Ordinance #6720, Proposed):146,047 - - 146,047
Adjust beginning fund balance 146,047 - - 146,047
Revised 2019 Budget - Fund 461 12,386,346 734,700 3,925,508 9,195,538
Storm Drainage Capital Fund (#462)
2019 Adopted Budget 13,328,488 569,900 3,196,900 10,701,488
Previous Budget Amendments 464,293 181,965 646,258 -
2019 Amended Budget 13,792,781 751,865 3,843,158 10,701,488
BA#3 (Ordinance #6720, Proposed):(1,496,283) - - (1,496,283)
Adjust beginning fund balance (1,496,283) - - (1,496,283)
Revised 2019 Budget - Fund 462 12,296,498 751,865 3,843,158 9,205,205
Page 10 of 14 6/14/2019 3:28 PMPage 126 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Airport Capital Fund (#465)
2019 Adopted Budget 146,405 2,093,700 2,140,500 99,605
Previous Budget Amendments and CIP Carry-Forwards 100,562 730,346 867,108 (36,200)
2019 Amended Budget 246,967 2,824,046 3,007,608 63,405
BA#3 (Ordinance #6720, Proposed):(35,086) - - (35,086)
Adjust beginning fund balance (35,086) - - (35,086)
Revised 2019 Budget - Fund 465 211,881 2,824,046 3,007,608 28,319
Cemetery Capital Fund (#466)
2019 Adopted Budget 261,037 133,000 358,100 35,937
Previous Budget Amendments and CIP Carry-Forwards - 22,442 22,442 -
2019 Amended Budget 261,037 155,442 380,542 35,937
BA#3 (Ordinance #6720, Proposed):(7,685) - - (7,685)
Adjust beginning fund balance (7,685) - - (7,685)
Revised 2019 Budget - Fund 466 253,352 155,442 380,542 28,252
Insurance Fund (#501)
2019 Adopted Budget 1,928,070 21,000 180,600 1,768,470
Previous Budget Amendments - - - -
2019 Amended Budget 1,928,070 21,000 180,600 1,768,470
BA#3 (Ordinance #6720, Proposed):4,456 - - 4,456
Adjust beginning fund balance 4,456 - - 4,456
Revised 2019 Budget - Fund 501 1,932,526 21,000 180,600 1,772,926
Page 11 of 14 6/14/2019 3:28 PMPage 127 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Workers' Comp Fund (#503)
2019 Adopted Budget 2,128,988 1,171,200 818,115 2,482,073
Previous Budget Amendments - - - -
2019 Amended Budget 2,128,988 1,171,200 818,115 2,482,073
BA#3 (Ordinance #6720, Proposed):(956,046) - - (956,046)
Adjust beginning fund balance (956,046) - - (956,046)
Revised 2019 Budget - Fund 503 1,172,942 1,171,200 818,115 1,526,027
Facilities Fund (#505)
2019 Adopted Budget 1,412,874 3,532,500 3,894,563 1,050,811
Previous Budget Amendments 136,000 (31,400) 288,000 (183,400)
2019 Amended Budget 1,548,874 3,501,100 4,182,563 867,411
BA#3 (Ordinance #6720, Proposed):285,123 - - 285,123
Adjust beginning fund balance 285,123 - - 285,123
Revised 2019 Budget - Fund 505 1,833,997 3,501,100 4,182,563 1,152,534
Innovation & Technology Fund (#518)
2019 Adopted Budget 2,573,504 6,429,110 6,437,640 2,564,974
Previous Budget Amendments 124,500 118,200 242,700 -
2019 Amended Budget 2,698,004 6,547,310 6,680,340 2,564,974
BA#3 (Ordinance #6720, Proposed):96,070 - - 96,070
Adjust beginning fund balance 96,070 - - 96,070
Revised 2019 Budget - Fund 518 2,794,074 6,547,310 6,680,340 2,661,044
Page 12 of 14 6/14/2019 3:28 PMPage 128 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Equipment Rental Fund (#550)
2019 Adopted Budget 3,091,626 2,007,606 2,746,591 2,352,641
Previous Budget Amendments - - 104,600 (104,600)
2019 Amended Budget 3,091,626 2,007,606 2,851,191 2,248,041
BA#3 (Ordinance #6720, Proposed):331,225 - - 331,225
Adjust beginning fund balance 331,225 - - 331,225
Revised 2019 Budget - Fund 550 3,422,851 2,007,606 2,851,191 2,579,266
Equipment Rental Capital Fund (#560)
2019 Adopted Budget 3,663,110 2,741,994 3,102,450 3,302,654
Previous Budget Amendments and CIP Carry-Forwards 46,400 75,200 371,500 (249,900)
2019 Amended Budget 3,709,510 2,817,194 3,473,950 3,052,754
BA#3 (Ordinance #6720, Proposed):60,622 62,000 156,000 (33,378)
Replace two message board units that are past their useful lives (fully paid in)- - 72,000 (72,000)
Vehicle for third School Resource Officer (incl. $60k in funding from ASD)- 62,000 62,000 -
Adjust beginning fund balance 60,622 - - 60,622
Purchase man-lift and trailer for Facilities Dept (funding in 2019 adopted budget)- - 22,000 (22,000)
Revised 2019 Budget - Fund 560 3,770,132 2,879,194 3,629,950 3,019,376
IT Capital Fund (#568)
2019 Adopted Budget 1,169,997 - 869,300 300,697
Previous Budget Amendments and CIP Carry-Forwards - 22,500 22,500 -
2019 Amended Budget 1,169,997 22,500 891,800 300,697
BA#3 (Ordinance #6720, Proposed):356,536 12,200 12,200 356,536
Adjust beginning fund balance 356,536 - - 356,536
Vehicle electronics for third School Resource Officer - 12,200 12,200 -
Revised 2019 Budget - Fund 568 1,526,533 34,700 904,000 657,233
Page 13 of 14 6/14/2019 3:28 PMPage 129 of 218
Schedule A
Summary of 2019 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #6720)
A 10,456,133 8,457,800 7,877,488 11,036,445
Beg. Fund
Balance
2019
Revenues
2019
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Fire Pension Fund (#611)
2019 Adopted Budget 2,205,369 120,900 215,120 2,111,149
Previous Budget Amendments - - - -
2019 Amended Budget 2,205,369 120,900 215,120 2,111,149
BA#3 (Ordinance #6720, Proposed):27,922 - 5,000 22,922
Increase budget for actuarial services - - 5,000 (5,000)
Adjust beginning fund balance 27,922 - - 27,922
Revised 2019 Budget - Fund 611 2,233,291 120,900 220,120 2,134,071
Cemetery Endowment Fund (#701)
2019 Adopted Budget 1,817,409 45,000 33,000 1,829,409
Previous Budget Amendments and CIP Carry-Forwards 22,442 - 22,442 -
2019 Amended Budget 1,839,851 45,000 55,442 1,829,409
BA#3 (Ordinance #6720, Proposed):56,978 - - 56,978
Adjust beginning fund balance 56,978 - - 56,978
Revised 2019 Budget - Fund 701 1,896,829 45,000 55,442 1,886,387
Grand Total - All Funds
2019 Adopted Budget 121,191,833 194,308,846 207,147,258 108,353,421
Previous Budget Amendments 10,777,335 6,591,498 18,613,233 (1,244,400)
2019 Amended Budget 131,969,168 200,900,344 225,760,491 107,109,021
TOTAL BA#3 (Ordinance #6720, Proposed)10,456,133 8,457,800 7,877,488 11,036,445
Revised 2019 Budget 142,425,301 209,358,144 233,637,979 118,145,466
351,783,445 351,783,445
Page 14 of 14 6/14/2019 3:28 PMPage 130 of 218
Schedule B
2019 Appropriations by Fund
Fund
2019
Adopted
Budget
BA#1
(Ord #6712) CIP CFs
BA#2
(Ord #6719)
BA#3
(Ord #6720)
Total
Amendments
Revised
Budget
General Fund (#001)90,183,028 511,300 - 141,910 4,015,234 4,668,444 94,851,472
Arterial Street Fund (#102)3,125,877 - 1,995,054 - 1,484,581 3,479,635 6,605,512
Local Street Fund (#103)3,562,780 - 899,476 - 249,701 1,149,177 4,711,957
Hotel/Motel Tax Fund (#104)262,171 6,650 - - 82,454 89,104 351,275
Arterial Street Preservation Fund (#105)4,541,657 - 1,791,313 - 163,379 1,954,692 6,496,349
Drug Forfeiture Fund (#117)531,497 - - - 80,697 80,697 612,194
Housing & Comm Develop Fund (#119)626,458 269,900 - - 6,446 276,346 902,804
Recreation Trails Fund (#120)71,426 - - - 1,550 1,550 72,976
BIA Fund (#121)164,673 5,400 - - 940 6,340 171,013
Cumulative Reserve Fund (#122)10,304,512 - 84,400 - 33,754 118,154 10,422,666
Mitigation Fees Fund (#124)12,082,337 150,000 1,228,556 - 33,289 1,411,845 13,494,182
1998 GO Library Bond Fund (#229)- - - - - - -
City Hall Annex 2010 A&B Bond Fund (#230)1,664,900 - - - - - 1,664,900
Local Revitalization 2010 C&D Bond Fund (#231)601,696 - - - 3,436 3,436 605,132
SCORE Debt Service Fund (#238)2,129,800 - - - - - 2,129,800
LID Guarantee Fund (#249)1,648 - - - 15 15 1,663
LID 350 Fund (#275)16,059 - - - (4,956) (4,956) 11,103
Golf/Cemetery 2016 Refunding Fund (#276)374,100 - - - 19 19 374,119
Parks Construction Fund (#321)2,380,772 - 1,285,009 - 170,757 1,455,766 3,836,538
Capital Improvements Fund (#328)16,179,927 54,000 2,494,960 - 1,286,410 3,835,370 20,015,297
Local Revitalization Fund (#330)484,500 - 6,000 - (4,512) 1,488 485,988
Water Fund (#430)19,465,675 115,200 13,000 - 7,187,191 7,315,391 26,781,066
Sewer Fund (#431)13,371,349 12,100 13,000 - 1,085,922 1,111,022 14,482,371
Storm Drainage Fund (#432)13,016,714 13,800 13,000 - 2,080,595 2,107,395 15,124,109
Sewer Metro Sub Fund (#433)21,556,967 - - - 383,462 383,462 21,940,429
Solid Waste Fund (#434)21,805,275 - - - 126,864 126,864 21,932,139
Airport Fund (#435)1,653,233 40,000 - - 196,285 236,285 1,889,518
Cemetery Fund (#436)1,628,060 - - - 309,598 309,598 1,937,658
Water Capital Fund (#460)9,175,410 - 3,408,057 - 996,743 4,404,800 13,580,210
Sewer Capital Fund (#461)11,945,391 - 1,029,608 - 146,047 1,175,655 13,121,046
Storm Drainage Capital Fund (#462)13,898,388 - 646,258 - (1,496,283) (850,025) 13,048,363
Airport Capital Fund (#465)2,240,105 - 830,908 - (35,086) 795,822 3,035,927
Cemetery Capital Fund (#466)394,037 - 22,442 - (7,685) 14,757 408,794
Insurance Fund (#501)1,949,070 - - - 4,456 4,456 1,953,526
Workers' Comp Fund (#503)3,300,188 - - - (956,046) (956,046) 2,344,142
Facilities Fund (#505)4,945,374 104,600 - 4,500 285,123 394,223 5,339,597
Innovation & Technology Fund (#518)9,002,614 242,700 - 13,500 96,070 352,270 9,354,884
Equipment Rental Fund (#550)5,099,232 - - - 331,225 331,225 5,430,457
Equipment Rental Capital Fund (#560)6,405,104 82,600 39,000 - 122,622 244,222 6,649,326
IT Capital Fund (#568)1,169,997 22,500 - - 368,736 391,236 1,561,233
Fire Pension Fund (#611)2,326,269 - - - 27,922 27,922 2,354,191
SKHHP Fund (#654)- - - 220,160 - 220,160 220,160
Cemetery Endowment Fund (#701)1,862,409 - 22,442 - 56,978 79,420 1,941,829
Total 315,500,679 1,630,750 15,822,483 380,070 18,913,933 36,747,236 352,247,915
Page 131 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6722 (Gaub)
Date:
July 2, 2019
Department:
Public Works
Attachments:
Ordinance No. 6722
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6722.
Background Summary:
North Auburn Logistics Holdings, LLC constructed water systems improvements along West
Valley Highway and South 287th Street to provide water to their development. These
improvements are eligible for a payback agreement between the Developer and the City of
Auburn, where properties that connect to the water system improvements will reimburse North
Auburn Logistics Holdings LLC for the properties’ pro rata share of the cost of those
improvements.
Ordinance No. 6722 authorizes the Mayor and City Clerk to execute a Payback Agreement
with North Auburn Logistics Holdings, LLC. North Auburn Logistics Holdings, LLC completed
the facility extension (FAC14-0007) for water facilities to serve their property. The water main
was extended to and through their property and provides benefit to adjacent properties that
currently do not have water service. The City of Auburn has established a Payback
Agreement to provide reimbursement to the developer for the benefit received by the
adjacent property owners.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:ORD.B
Page 132 of 218
- - - - - - - - - - - - - - - - -
Ordinance No. 6722
June 12, 2019
Page 1 of 2
ORDINANCE NO. 6722
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A PAYBACK AGREEMENT FOR UTILITIES
DEVELOPER’S EXTENSION BETWEEN THE CITY OF
AUBURN AND NORTH AUBURN LOGISTICS HOLDINGS,
LLC
WHEREAS, Chapter 13.40 of the Auburn City Code (ACC) authorizes the City
Engineer to develop, implement, and administer facility extension payback agreements
for utility improvements; and
WHEREAS, Chapter 3.25 of the ACC requires that the City Council conduct a
public hearing to consider approving the payback agreements; and
WHEREAS, North Auburn Logistics Holdings, LLC, has constructed the utility
improvements described in the payback agreement, Exhibit A, and has agreed to deed
those improvements to the City; and
WHEREAS, pursuant to ACC 13.40.030, the City has received and approved plans
for those improvements; and
WHEREAS, the City Council finds that entry into the payback agreement is in the
best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. The Mayor is authorized to execute a Payback Agreement for
Developer’s Extension between the City and North Auburn Logistics Holdings, LLC, which
agreement will be in substantial conformity with the agreement attached as Exhibit A.
Page 133 of 218
- - - - - - - - - - - - - - - - -
Ordinance No. 6722
June 12, 2019
Page 2 of 2
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force five
(5) days from and after passage, approval, and publication as provided by law.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
PUBLISHED: _______________
Page 134 of 218
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Page 152 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6724 (Gaub)
Date:
July 3, 2019
Department:
Public Works
Attachments:
Ordinance No. 6724
Exhibit A
Exhibit B
Exhibit C
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to introduce and adopt Ordinance No. 6725, Relating to Abandoned Utility
Services and Amending ACC 13.06.140, Creating ACC 13.20.235, and Creating ACC
13.48.295.
Background Summary:
This ordinance is to create consistency for all three utilities (water, sewer, and storm) when a
property discontinues utility service for a period of 5 years or more.
When the building on a property is demolished, the water and sewer service to the building is
disconnected and billing for water and sewer ceases. If all of the impervious surfaces are
removed, billing for stormwater also ceases. Current Water Code ACC 13.06.140 includes a
provision that allows the City to charge all fees and charges to reinstate water service if
service has been discontinued for 5 years or more. The rationale is that the customer has not
contributed to the installation, operation, maintenance, repair, and replacement of the water
system during that 5-year or longer period, and therefore should be treated the same as a
new customer.
Staff recommends that City Code be amended to add this provision for sewer and storm, and
to make the language consistent and clear for all 3 utilities. This provision is consistent with
King County Wastewater Treatment Division’s policy, which assesses a new Capacity Charge
if sewer service is discontinued for 5 years or more.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:ORD.C
Page 153 of 218
Page 154 of 218
--------------------------------
Ordinance No. 6724
June 19, 2019
Page 1 of 2 Rev. 2018
ORDINANCE NO. 6724
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO ABANDONED
UTILITY SERVICES, CLARIFYING THE PROCESS FOR
REESTABLISHING UTILITY SERVICES, AMENDING
SECTION 13.06.140, CREATING A NEW SECTION
13.20.235, AND CREATING A NEW SECTION 13.48.295 TO
THE AUBURN CITY CODE
WHEREAS, utility connection fees are collected by the City to provide public
utility services in a coordinated and efficient manner; and
WHEREAS, properties that have discontinued water, sewer, and/or storm water
service for a period of five years or longer have not contributed to the installation,
operation, maintenance, repair, and replacement of the public utility systems; and
WHEREAS, in consideration of the installation, operation, maintenance, repair,
and replacement of the public utility systems, reestablishment of utility connections after
a period of five or more years will require new application and payment before the City
reconnects the utility service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amending City Code Section. Section 13.06.140 to the Auburn
City Code is amended to read as shown in Exhibit A.
Section 2. New Section Added to City Code. A new section 13.20.235 to the
Auburn City Code is created to read as shown in Exhibit B.
Section 1. New Section Added to City Code. A new section 13.48.295 to the
Auburn City Code is created to read as shown in Exhibit C.
Page 155 of 218
--------------------------------
Ordinance No. 6724
June 19, 2019
Page 2 of 2 Rev. 2018
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Published: ___________________
Page 156 of 218
EXHIBIT A
13.06.140 Abandoned services.
A. A water service is considered to be disconnected when the City has removed the
meter and service billing is stopped. Water service is abandoned when it has been
disconnected for a period of five or more years.
B. When new building(s) are to be erected on the site of existing building(s) and it is
desired to increase the size or change the location of the existing service connection, or
where ato install a new service connection for the new building(s), the owner will apply
to disconnect the existing service connection and to install the new service
connection(s), and will pay all fees and charges for a new service connection as
provided in the City’s Fee Schedule. In determining System Development Charges
owed for the new, upsized, or relocated service connection, the City may credit the
owner for the ERUs associated with the existing service connection that is being
replaced except for abandoned water services for which no credit will be applied to any
premises is abandoned or no longer used for a period of five years, the city may cut out
or remove such service connection, after which, should a service connection be
required to the premises, a new service shall be placed only upon the owner’s making
an application and paying for a new connection in the regular manner, regardless if the
service was disconnected or not.
C. To reestablish service to a property or building with an abandoned water service, the
property or building owner will apply and pay for a new water service connection as
defined in the Fee Schedule, with no credit for any previous fees and charges paid.
D. When service connection of any premises on an unpaved street does not exceed
one inch in size and the same does not come from the main in front of the premises, the
Citycity shall, when a main is laid by the City in front of the premises, after notifying the
owner or tenant thereof, transfer the service connection to the new main without charge
for such portion as is on public property, and at the same time cut out the old service
connection.
E. When a new main is laid in any street, owners of premises on the street, or within
one-half block on side streets, who are being supplied with city water from a private
main or a connection to a private service shall make application for service and shall
connect up with a separate service connection to the main in front of premises. (Ord.
5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
Page 157 of 218
EXHIBIT B
13.20.235 Abandoned sewer services.
A. A sewer service is considered disconnected when the water meter has been
removed by the City, the side sewer is capped, and service billing stopped. A sewer
service is abandoned when it has been disconnected for a period of five or more years.
B. To reestablish service to a property or building with an abandoned sewer service,
the property or building owner will apply and pay for a new sewer service connection as
defined in the Fee Schedule, with no credit for any previous fees and charges paid.
Page 158 of 218
EXHIBIT C
13.48.295 Abandoned storm services.
For a property that is subject to storm water billing under ACC 13.48.100, the storm
water billing will stop on the City’s acceptance of the completed demolition permit , if all
hard surfaces have been removed. If the property has not paid for the cost of services
provided by the storm water utility for a period of five years or more, on application for
development or construction of hard surfaces on the property, the owner of the property
will be required to apply and pay for a new storm water service connection as defined in
the Fee Schedule, as though the property had never received storm service and with no
credit for any previous fees and charges paid.
Page 159 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6725 (Gaub)
Date:
July 3, 2019
Department:
Public Works
Attachments:
Ordinance No. 6725
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to introduce and adopt Ordinance No. 6725, Amending ACC 13.06.010 Water
Code to Define Equivalent Residential Unit (ERU).
Background Summary:
Ordinance No. 6725 clarifies the water code for the purposes of assessing Water System
Development Charges (SDCs) by defining the term Equivalent Residential Unit (ERU) based
on meter size. One ERU is the average amount of water used by a single family customer
using a ¾-inch or 1-inch meter. Other customer classes with larger water meters represent
multiples of 1 ERU. Water SDCs are computed based on the number of ERUs.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:ORD.D
Page 160 of 218
--------------------------------
Ordinance No. 6725
January 29, 2019
Page 1 of 2 Rev. 2018
ORDINANCE NO. 6725
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO WATER UTILITY,
DEFINING EQUIVALENT RESIDENTIAL UNIT, AND
AMENDING SECTION 13.06.010 OF THE AUBURN CITY
CODE
WHEREAS, single family homes are the most common water customer within the
City and have relatively similar water use patterns and meter sizes, which supports the
use of a defined equivalent residential unit approach for determining the amount of
water demand; and
WHEREAS, the City Engineer determined a need to define the equivalent
residential unit within the water utility chapter of the Auburn City Code to quantify the
water demands of a customer based on the size of water meter serving that customer,
when compared to the typical amount of water for a single-family residential customer.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 13.06.010 of the Auburn City
Code is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 161 of 218
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Ordinance No. 6725
January 29, 2019
Page 2 of 2 Rev. 2018
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Published: ___________________
Page 162 of 218
EXHIBIT A
13.06.010 Definitions
As used in this chapter:
A. “Base rate” means the monthly charge for service from the water utility to recover
costs incurred by the water utility such as administrative, meter reading, billing,
collection, and fire standby service. Base rate does not include charges for water
consumption quantity as registered through the required meter.
B. “Charge in lieu of assessment” means a charge made by the city on property which
has not previously participated in the cost of a public water main directly serving the
property.
C. “City of Auburn design and construction standards” means the requirements adopted
under Chapter 12.04 ACC for storm drainage, sanitary sewer, street, and water design
and construction.
D. “City services” means a customer class of water services serving the city of Auburn
buildings and facilities.
E. “Commercial services” means a customer class of water services serving commercial
retail, office facilities, and certain manufacturing/industrial businesses not meeting the
requirements of the manufacturing/industrial service class of customers.
F. “Customer class” means groups of water service customers who have common
characteristics for water use and are grouped for purposes of service and charges.
G. “Deduct Meter.” Refer to ACC 13.20.010 for definition.
H. “DOH” is the abbreviation for the Washington State Department of Health, which is
the state agency that has been granted authority through formal agreement with the
Environmental Protection Agency to enforce the requirements of the federal Safe
Drinking Water Act within the state of Washington.
I. “Equivalent Residential Unit (ERU) .” Refer to ACC 13.41.030 for definition means a
unit representing the average quantity of water used by one average, full-time, single-
family residence per day. An ERU is quantified by the size of water meter as listed
below.
Meter size, inches Number of ERUs
3/4 1.0
1 1.0
1-1/2 3.33
2 5.33
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3 10.67
4 16.67
6 33.33
8 53.33
10 76.67
.
J. “Firm customer” refers to Auburn’s retail customers and to those wholesale
customers to whom Auburn is obligated, by written agreement, to provide a continuous,
uninterruptible supply of water up to a specified amount.
K. “Interruptible customer” refers to those wholesale customers to whom Auburn, by
written agreement, will provide a supply of water upon request up to a specified amount,
subject to the availability of Auburn’s water supply to provide such supply as reasonab ly
determined by Auburn.
L. “Irrigation meter” means an approved city water meter connected to a public water
service to determine the amount of water being used for landscape watering.
M. “Irrigation services” means a customer class of water services for the exclusive
purpose of outdoor irrigation systems.
N. “Manufacturing/industrial services” means a customer class of water services to
businesses identified by the city as being engaged in the manufacture of products,
materials, equipment, machinery and supplies with a meter size of two inches or larger
and a monthly annual average water consumption equal to or greater than 30,000 cubic
feet.
O. “Multifamily residential services” means a customer class of water services to
triplexes, apartment buildings, condominiums, mobile or manufactured home parks, and
trailer courts.
P. “Owner/operator” means the owner and/or the person or persons owning or operating
the premises served by a water service connection.
Q. “Premises” means a private home, building, apartment house, condominium, trailer
court, mobile or manufactured home park, a group of adjacent buildings or property
utilized under one owner/operator with respect to use of water and responsibility for
payment therefor.
R. “Purity test” or “coliform/purity test” means collection and analysis of a water sample
for presence of coliform bacteria.
S. “Quantity charge” means charges for the water quantity used by a water utility
customer during a billing period as recorded by a water meter to re cover costs of the
water utility.
Page 164 of 218
T. “School services” means a customer class of water services to public and private
schools and colleges.
U. “Single-family residential services” means water services to individual single -family
residences or to duplex units with one water meter or individual meters for each
residential unit.
V. “UPC” means the Uniform Plumbing Code, including amendments, as adopted by the
city.
W. “Utility” means the city of Auburn water utility or water division.
X. “Water service” means any connection to the city water system and shall be further
defined by customer class.
Y. “Wholesale services” means water service to other municipal water utilities or public
water districts. (Ord. 6690 § 1, 2018; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord.
4878 § 3, 1996.)
Page 165 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5427 (Martinson)
Date:
July 9, 2019
Department:
Human Resources
Attachments:
Resolution 5427
Equity and Implicit Bias Program Contract
Budget Impact:
Current Budget: $0
Proposed
Revision:
$99,000.00 for
2019; $180,000.00
for 2020; and
$131,000.00 for
2021
Revised Budget:
$99,000.00 for
2019; $180,000.00
for 2020; and
$131,000.00 for
2021
Administrativ e Recommendation:
City Council adopt Resolution No 5427
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Martinson
Meeting Date:July 15, 2019 Item Number:RES.A
Page 166 of 218
--------------------------------
Resolution No. 5427
May 14, 2019
Page 1 of 1 Rev. 2018
RESOLUTION NO. 5427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AND ADMINISTER AN AGREEMENT BETWEEN
THE CITY OF AUBURN AND RACING TO EQUITY
CONSULTING GROUP FOR RACIAL EQUITY TRAINING AND
POLICY DEVELOPMENT
WHEREAS, the City has identified an interest in racial equity training to provide
professional development opportunities and racial equity policy development; and
WHEREAS, Racing to Equity Consulting Group is qualified to provide those services
in a good and professional manner at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute and administer an Agreement
between the City and Racing to Equity Consulting Group which will be in substantial
conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 167 of 218
Page 1 of 9
CITY OF AUBURN
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into on this day of , 2019, by
and between the City of Auburn, a municipal corporation of the State of Washington, (the “City”)
and Racing to Equity Consulting Group, (the “Consultant”).
RECITALS:
1. The City is in need of specialized and qualified racial equity training to provide
professional development opportunities and racial equity-to-policy development.
2. The City wants to hire the Consultant to provide these services in connection with the
City’s work.
3. The Consultant is qualified and able to provide services in connection with the City’s needs
for this work, and is willing and agreeable to provide the services on the terms and conditions in
this Agreement.
AGREEMENT:
In consideration of the mutual promises contained in this Agreement, the parties agree as
follows:
1. Scope of Services
The Consultant agrees to perform in a good and professional manner the tasks described in Exhibit
“A.” The Consultant shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement, to have entered into any partnership, joint venture,
employment, or other relationship with the City.
2. Additional Services
If additional services with respect to related work are required beyond those specified in the Scope
of Work, and not included in the compensation listed in this Agreement, the parties will amend
this Agreement before the Consultant performs the additional services.
3. Consultant’s Representations
The Consultant represents and warrants that it has all necessary licenses and certifications to
perform the services provided for in this Agreement, and is qualified to perform those services.
4. Acceptable Standards
The Consultant shall be responsible to provide, in connection with the services contemplated in
this Agreement, work products and services of a quality and professional standard that meets
generally recognized industry standards for similar work products and services.
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5. Compensation
As compensation for the Consultant’s performance of the services provided for in this Agreement,
the City shall pay the Consultant the fees and costs specified on Exhibit “B.” The Consultant shall
submit to the City an invoice or statement of time spent on tasks included in the scope of work.
The City, upon acceptance of the invoice or statement, shall process the invoice or statement in
the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment
to the Consultant, subject to any conditions or provisions in this Agreement or Amendment. The
not-to-exceed amounts for this agreement are $99,000.00 for 2019; $180,000.00 for 2020; and
$131,000.00 for 2021.
6. Time for Performance and Term of Agreement
The Consultant shall not begin any work under this Agreement until authorized in writing by the
City. The Consultant shall perform the services in accordance with the direction and scheduling
provided on Exhibit “A” unless otherwise agreed to in writing by the parties. All work under this
Agreement shall be completed by no later than December 31, 2021, and in accordance with the
deadlines set forth in the Scope of Services.
7. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings and any other materials created or otherwise prepared by the Consultant as part
of their performance under this Agreement will be owned by and become the property of the City,
and may be used by the City for any purpose beneficial to the City.
8. 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.
9. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract is in effect,
the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue
to make a good faith effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities. Nothing in this section is intended to restrict or otherwise limit
the Consultant’s rights of termination set forth elsewhere in this Agreement.
10. Notices
Any written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn Racing to Equity
Human Resources Manager Chief Equity Officer
25 West Main Street 10041 California Ave SW
Auburn, WA 98001-4998 Seattle, WA 98146-1071
Phone: 253-931-3040 Phone: 206-930-6436
Fax: 253-288-4305 Email: bernardo@r2esj.org
E-mail: humanresources@auburnwa.gov
Page 169 of 218
Page 3 of 9
11. Notices
All notices or communications permitted or required to be given under this Agreement shall be in
writing and shall be deemed to have been duly given if delivered in person or deposited in the
United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above.
Either party may change his, her or its address by giving notice in writing to the other party.
12. Insurance
The Consultant will procure and maintain for the duration of this Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work by the Consultant, or the Consultant’s agents, representatives,
employees, or subcontractors.
The Consultant will obtain insurance of the types described below:
A. Automobile Liability insurance covering all owned, non-owned, hired, and leased
vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO) form CA
00 01. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
B. Commercial General Liability insurance will be at least as broad as ISO occurrence
form CG 00 01 and will cover liability arising from premises, operations, stop-gap
independent contractors and personal injury and advertising injury. The City will be named
as an additional insured under the Consultant’s Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO CG 20 26. Commercial General Liability insurance
will be written with limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
C. Professional Liability insurance appropriate to the Consultant’s profession.
Professional Liability insurance will be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
D. Worker’s Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
The Consultant’s insurance coverage will be primary insurance. Any insurance, self-insurance, or
insurance pool coverage maintained by the City will be excess of the Consultant’s insurance and
will not contribute to it.
The Consultant will provide the City and all Additional Insureds for this work with written notice
of any policy cancellation within five business days of their receipt of such notice.
Insurance is to be placed with an authorized insurer in Washington State. The insurer must have
a current A.M. Best rating of not less than A:VII.
Page 170 of 218
Page 4 of 9
Consultant will furnish the City with certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work. The
City reserves the right to require that complete, certified copies of all required insurance policies
be submitted to the City at any time. The City will pay no progress payments until the Consultant
has fully complied with this section.
If the Consultant maintains higher insurance limits than the minimums shown above, the City shall
be insured for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the Consultant
are greater than those required by this contract or whether any certificate of insurance furnished to
the City evidences limits of liability lower than those maintained by the Consultant.
Failure on the part of the Consultant to maintain the insurance as required shall constitute a material
breach of contract, upon which the City may, after giving five business days’ notice to the
Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, offset against
funds due the Consultant from the City.
13. Indemnification/Hold Harmless
The Consultant will defend, indemnify and hold the City and its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City.
If a court of competent jurisdiction determines 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 Consultant and the City, its
officers, officials, employees, and volunteers, the Consultant’s liability hereunder shall be only to
the extent of the Consultant’s negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the Consultant’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
14. Assignment
Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part,
without the prior written consent of the other party hereto. No assignment or transfer of any
interest under this Agreement shall be deemed to release the assignor from any liability or
obligation under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
15. Nondiscrimination
The Consultant may not discriminate regarding any services or activities to which this Agreement
may apply directly or through contractual, hiring, or other arrangements on the grounds of race,
Page 171 of 218
Page 5 of 9
color, creed, religion, national origin, sex, age, or where there is the presence of any sensory,
mental or physical handicap.
16. Amendment, Modification or Waiver
No amendment, modification, or waiver of any condition, provision, or term of this Agreement
shall be valid or of any effect unless made in writing, signed by the party or parties to be bound,
or such party’s or parties’ duly authorized representative(s) and specifying with particularity the
nature and extent of such amendment, modification, or waiver. Any waiver by any party of any
default of the other party shall not affect or impair any right arising from any subsequent default.
17. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the performance of that obligation. If funds are not allocated and
available for the continuance of this Agreement, then this Agreement may be terminated by either
party at the end of the period for which funds are available. No liability will accrue to either party
if this provision is exercised, and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
18. Termination for Cause
Either party may terminate this Agreement at any time while the Agreement is in effect upon thirty
(30) days’ prior written notice to the other party, if such other party breaches any material term or
condition of this Agreement and fails to cure such breach within the thirty (30) day cure period. In
the event of termination, the City shall only be obligated to pay Consultant for services actually
rendered up to the date of termination.
19. Termination for Convenience
Notwithstanding anything in this Agreement to the contrary, this Agreement may be terminated
by either party for convenience by delivery of a Notice of Termination with the effective date. In
the event of termination pursuant to this Section 19, the City shall only be obligated to pay
Consultant for services actually rendered up to the date of termination.
20. Parties in Interest
This Agreement shall be binding upon, and the benefits and obligations provided for herein shall
inure to and bind, the parties hereto and their respective successors and assigns, provided that this
section shall not be deemed to permit any transfer or assignment otherwise prohibited by this
Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create
a contractual relationship with or exist for the benefit of any third party, including contractors, sub-
contractors and their sureties.
21. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable
costs and attorney’s fees.
22. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be
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Page 6 of 9
in King County, Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial completion by the
Consultant of the services.
23. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and shall not constitute a part of this Agreement or act as a limitation
of the scope of the particular paragraph or sections to which they apply. As used herein, where
appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter
expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this Agreement having
been drafted by mutual agreement of the parties.
24. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of this Agreement.
25. Entire Agreement
This Agreement contains the entire understanding of the parties hereto in respect to the transactions
contemplated hereby and supersedes all prior agreements and understandings between the parties
with respect to such subject matter.
//
//
//
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Page 7 of 9
26. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be one and the
same Agreement and shall become effective when one or more counterparts have been signed by
each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective
the day and year first set forth above.
CITY OF AUBURN RACING TO EQUITY
CONSULTING GROUP
_____________________________
Nancy Backus, Mayor Signature
Name:
Title:
Federal Tax ID No: ___________________
Approved as to form:
_____________________________
Steve Gross, City Attorney
Page 174 of 218
Page 8 of 9
Exhibit A
Scope of Services
Racing To Equity will provide the following services:
• Development of Auburn’s racial equity policies and equity tools
• Racial Equity Adaptive Leadership (REAL) Training for management teams, as well as
employees
• Strategic racial equity executive advising for Mayor, Directors, and leadership teams
• Research, analysis, and metric development for Auburn’s program
• Development of City’s “Racial Equity Team” including training and strategic advising
during the first two years of the team’s creation
• Facilitating Auburn’s “Racial Affinity Caucusing” groups
• Strategic advising for City leaders on community engagement measures
• “Train-the-trainer” program development to support internal sustainability of the equity
and implicit bias program
Page 175 of 218
Page 9 of 9
Exhibit B
Payment for Work
As compensation for the Consultant’s performance of the services provided for in this
Agreement, the City shall pay the Consultant the following:
• Compensation for 2019 is not-to-exceed $99,000.00
• Compensation for 2020 is not-to-exceed $180,000.00
• Compensation for 2021 is not-to-exceed $131,000.00
The Consultant will submit to the City an invoice or statement of time spent on tasks included in
the scope of services within thirty (30) days, and the City upon acceptance of the invoice or
statement will process the invoice or statement in the next billing/claim cycle following receipt of
the invoice or statement, and will remit payment to the Consultant, subject to any conditions or
provisions in this Agreement.
Page 176 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5443 (Hinman)
Date:
July 9, 2019
Department:
Administration
Attachments:
RES 5443 PSATT Lease Amendment
Exhibit A Draft Amendment to PSATT Lease
Orignial Leas e Authorized through Resolution
5324
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Adoption of Resolution No. 5443 authorizing the mayor to amend the lease agreement for
office space and vehicular parking of the Auburn Game Farm Park Administration Building
with the Puget Sound Auto Theft Taskforce (PSATT) to reflect the current biennial grant
funding cycles allowable funds used for PSATTs operational headquarters.
Background Summary:
The Puget Sound Auto Theft Taskforce (PSATT) is a joint operation between the cities of
Auburn, Tukwila, Federal Way, Bonney Lake, Lakewood, Tacoma, the Pierce County Sheriff’s
Office, the King County Prosecutor’s Office, and the Washington State Patrol. Auburn’s
participation in the PSATT was authorized by the council through Resolution No. 5303 with
authorization to lease the Auburn Game Farm Park Administration Building for operational
headquarters and vehicular parking through Resolution No. 5324.
PSATT is funded through a biennial grant by the Washington State Patrol, with grant funds
being administered by the City of Federal Way as the lead agency. The grant allows for a
portion of those funds to be used for leasing of office space, utilities and vehicle parking. The
draft amendment proposed is reflective of the maximum amount allowed under this biennial
grant cycle for office space and utilities.
The allocation of grant funds for the purpose of rent and utilities was reduced by roughly 40%
from the previous grant cycle. However, due to the local and regional benefit the task force
provides, staff believe that it is still in the public’s best interest to allow PSATT to remain as
tenant of the administration building given the reduced funding allocation.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:July 15, 2019 Item Number:RES.B
Page 177 of 218
Page 178 of 218
--------------------------------
Resolution No. 5443
DATE
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5 4 4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
CITY OF FEDERAL WAY RELATED TO THE PUGET
SOUND AUTO THEFT TASK FORCE
WHEREAS, Federal Way is the Lead Administrative Agency for the Puget Sound
Auto Theft Task-Force (PSATT), established through an Interlocal agreement to combat
automobile theft in the Puget Sound area through coordinated law enforcement; and
WHEREAS, the City and Federal Way entered into an Agreement adopted by
Auburn City Council under Resolution 5324 for the establishment of office and vehicle
parking space (“Original Agreement”); and
WHEREAS, Federal Way has notified the City that the grant amount has been
reduced for the next funding cycle, and has asked the City to reduce the cost of the facility;
and
WHEREAS, staff believes it to be in the best interest of the public to amend the
Agreement both to support the Task Force and to keep a regular presence at the facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an amendment to the Original
Agreement between the City and the City of Federal Way, which agreement will be in
substantial conformity with the agreement attached as Exhibit A.
Page 179 of 218
--------------------------------
Resolution No. 5443
DATE
Page 2 of 2 Rev. 2018
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislat ion.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 180 of 218
First Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way
Original Agreement for Office and Parking space under Resolution 5324 Page 1
AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE CITY OF FEDERAL WAY
ESTABLISHING AND MAINTAINING OFFICE SPACE
FOR THE PUGET SOUND AUTO THEFT TASK-FORCE
THIS AMENDMENT TO THE INTERLOCAL AGREEMENT (“Agreement”) is
made and entered into this day of , 2019, between the CITY OF
AUBURN, a municipal corporation of the State of Washington ( “Auburn”), and the CITY OF
FEDERAL WAY ( “Federal Way”) (“Parties”).
RECITALS:
A. Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task-
Force (PSATT), established through an Interlocal agreement, adopted by Auburn City Council
under Resolution 5303 between the cities of Federal Way, Auburn, Bonney lake, Lakewood,
Tacoma, and Tukwila, the Washington State Patrol, the Pierce County Sheriff’s Office, the King
County Prosecutor’s Office, and the Pierce County Prosecutor’s Office, to combat automobile theft
in the Puget Sound area through coordinated law enforcement; and
B. As the Lead Administrative Agency, Federal Way is authorized to expend Washington
Auto Theft Prevention Authority grant funds for eligible expenses associated with the operation
of the PSATT, including the leasing of office space for the operations of the PSATT; and
C. On November 6th, 2017 the Parties entered into an Agreement adopted by Auburn City
Council under Resolution 5324 for the establishment of office and vehicle parking space; and
WHEREAS, Federal Way has notified the City that the grant amount has been reduced for
the next funding cycle, and has asked the City to reduce the cost of the facility; and
WHEREAS, The City of Auburn believes it to be in the best interest of the public to amend
the Agreement.
AGREEMENT:
1. Section 3 is amended by adding a new section F to read as follows:
F. For the grant cycle beginning July 1, 2019 and ending June 30, 2021, Federal Way agrees to
pay a total of Two Thousand, Nine Hundred Sixteen Dollars and Sixty-Six Cents ($2,916.66) per
month for base rent and utilities.
2. Section 8 is amended by adding a new section J. Execution in Counterpart to read as
follows:
J. Execution in Counterpart. This Agreement may be executed in any number of counterparts,
each of which deemed to be an original against any party whose signature appears thereon, and all
of which together constitute one and the same instrument. This Agreement will become binding
Page 181 of 218
First Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way
Original Agreement for Office and Parking space under Resolution 5324 Page 2
when one or more counterparts, individually or taken together bear the signatures of the parties
reflected hereon as the signatories.
ALL OTHER TERMS AND CONDITIONS AGREED TO IN THE AGREEMENT INCLUDING
THE TERMINATION PROVISON IDENTIFIED IN PARAGRAPH TWO SHALL REMAIN
THE SAME.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
CITY OF AUBURN
___________________________________
Nancy Backus, Auburn Mayor
CITY OF FEDERAL WAY
___________________________________
Jim Ferrell, Federal Way Mayor
Attest:
___________________________________
Shawn Campbell, MMC, City Clerk
Attest:
___________________________________
Stephanie Courtney, Federal Way City
Clerk
Approved as to form:
___________________________________
Steven L. Gross, Auburn City Attorney
Approved as to form:
___________________________________
J. Ryan Call, Federal Way City Attorney
Page 182 of 218
RESOLUTION NO. 5324
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF FEDERAL WAY RELATING TO
THE LEASING OF AUBURN PROPERTY FOR JOINT
POLICE TASK-FORCE USE
WHEREAS, the City of Auburn, through the adoption of Resolution No.
5303, is a member of the Puget Sound Auto Theft Task-Force (PSATT); and
WHEREAS, the Washington State Patrol, Pierce County Sheriffs Office,
King County Prosecutor's Office, the Cities of Bonney Lake, Lakewood, Tacoma,
Tukwila, and Federal Way are also members of the PSATT; and
WHEREAS, the interlocal agreement approved by Resolution No. 5303
establishes the City of Federal Way as the lead administrative agency, responsible
for establishing accounting procedures for the PSATT; and
WHEREAS, the PSATT is in need of commercial space for the purpose of
conducting PSATT business; and
WHEREAS, the City of Auburn owns suitable space and is willing to lease
said space for PSATT use; and
WHEREAS, Revised Code of Washington Chapter 39.34 authorizes the
City of Auburn and City of Federal Way to enter into an agreement for joint action,
including the leasing of space for PSATT use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO RESOLVE as follows:
Resolution No. 5324
October 17, 2017
Page 1 of 2 Page 183 of 218
Section 1. The Mayor is hereby authorized to execute an
Interlocal Agreement with the City of Federal Way for the purpose of leasing the
Auburn Game Farm Park Administrative Building to the Puget Sound Auto Theft
Taskforce, in substantial conformity with the agreement attached hereto, marked
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 directions of this
legislation.
Section 3. This Resolution shall take effect and be in force upon passage
and signatures thereon.
DATED and SIGNED this ( day of J , 2017.
CITY OF AUBURN
ihr
a.
NANO BACKUS, MAYOR
ATTEST:
ika446 e-4.06ad-A ____
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
aniel B. Heid, City ttorney
Resolution No. 5324
October 17, 2017
Page 2 of 2 Page 184 of 218
CITY OF AUBURN—CITY OF FEDERAL WAY
INTERLOCAL AGREEMENT FOR
ESTABLISHING AND MAINTAINING OFFICE SPACE
FOR THE PUGET SOUND AUTO THEFT TASK-FORCE
THIS INTERLOCAL AGREEMENT(Agreement)made and entered into,pursuant to the Interlocal
oo eration Act, Chapter 39.34 of the Revised Code of Washington, on the 10 wi day of
2017, by and between the CITY OF AUBURN, a municipal corporation of
the State of Washington (Auburn), and the CITY OF FEDERAL WAY, a municipal corporation of
the State of Washington(Federal Way).
WHEREAS, Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft
Task-Force (PSATT), established through an interlocal agreement between the cities of Federal
Way, Auburn, Bonney lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol, the
Pierce County Sheriff's Office, the King County Prosecutor's Office, and the Pierce County
Prosecutor's Office, to combat automobile theft in the Puget Sound area through coordinated law
enforcement; and
WHEREAS, as the Lead Administrative Agency, Federal Way is authorized to expend
Washington Auto Theft Prevention Authority grant funds for eligible expenses associated with the
operation of the PSATT, including the leasing of office space for the operations of the PSATT;
and
WHEREAS,Auburn has unused office space in the administrative building at Auburn Game Farm
Park, located in Auburn (the Premises), it is willing to lease to Federal Way for PSATT use at a
discounted rate; and
WHEREAS, the PSATT is in need of office space for daily operations; and
WHEREAS,the parties wish to enter into an agreement for the leasing of the Premises for PSATT
use and occupancy.
NOW, THEREFORE,in consideration of the mutual covenants, conditions and promises herein,the
parties hereto agree as follows:.
1. PREMISES LEASED
A. For and in consideration of the rent and faithful performance by Federal Way of the terms
and conditions of this Agreement, Auburn does hereby lease to Federal Way, and Federal
Way does hereby lease from Auburn, the Game Farm Park Administration Building and
accompanying vehicle parking area located at 2840 Riverwalk Dr. SE,Auburn,WA 98002,
the Premises), depicted in Exhibit A attached hereto and incorporated herein by this
reference. No other portion of Auburn's property, other than those areas depicted as the
INTERLOCAL AGREEMENT
July 19,2017
Page 1 of 7
Page 185 of 218
Administration Building" or`Vehicle Parking Area" in Exhibit A, are considered part of
this Agreement. The parties further acknowledge and agree that Auburn reserves the right
of immediate access through the Vehicle Parking Area at all times and without permission
or consent of Federal Way for the right of storage and further use of the remaining portions
of Auburn's property.
B. No building,structure,or improvements of any kind shall be erected,placed upon,operated
or maintained on the Premises,nor shall any business or operation be conducted or carried
on in violation of any ordinance, law, statute, by-law, order, or rule of any governmental
agency having jurisdiction there over.
2. TERM
The term of this Agreement shall be for one (1) year, beginning on August 1, 2017 (the
Commencement Date). Unless earlier terminated by either party, this Agreement shall
automatically renew for one(1)year terms to coincide with the Washington Auto Theft Prevention
Authority grant funding of the PSATT. In addition to any other termination provisions in this
Agreement, either party may terminate this Agreement at any time, and for any reason, by
providing thirty(30) days' written notice to the other party.
3. RENT
A. Federal Way agrees to pay Auburn a base rent equal to three-thousand dollars ($3,000.00)
per month, for the Premises.
B. Federal Way further agrees to pay Auburn a flat rate for utilities, including but not limited
to power, water, sewer, storm, garbage, security and janitorial services equal to two-
thousand dollars ($2,000.00)per month(utility charge). The utility charge shall be paid in
quarterly installments during the term of this Agreement. In the event that the utility charge
exceeds available state funding, Federal Way shall seek pro rata contribution from the
participating PSATT agencies, pursuant to the vote of the PSATT Executive Board on
October 5, 2017; the minutes of which are attached hereto as Exhibit B and incorporated
herein by this reference.
C. Base rent accrued between August 1, 2017, and October 31, 2017, shall be paid within
thirty(30) days of the Commencement Date, and monthly thereafter.
D. In the event this Agreement is terminated prior to the expiration of the term, Auburn shall
refund to Federal Way a pro-rated portion of the base rent and utility charges paid,
equivalent to the months remaining within the current term at the time this Agreement is
terminated.
E. The parties agree that this Agreement shall fulfill any invoicing requirements of the
interlocal agreement establishing the PSATT.
INTERLOCAL AGREEMENT
July 19,2017
Page 2 of 7
Page 186 of 218
4. MAINTENANCE
A. Auburn shall be responsible for the sole cost and expense of all repairs and maintenance to
the exterior of the Premises,including,but not limited to: landscaping, foundation,exterior
walls, siding, exterior windows, exterior doors,roof, gutters and downspouts as well as all
interior and exterior mechanical systems including: HVAC, electrical, plumbing and
plumbing and electrical fixtures. Provided, however, that Auburn shall not be required to
repair damage that results from the act of negligence by the members of PSATT beyond
that required by the PSATT interlocal agreement liability and cost sharing provisions. If
Auburn refuses or neglects to commence or complete repairs, Federal Way may,but shall
not be required to, commence or complete the repairs and Auburn shall pay the costs
thereof. Repairs made by Auburn due to the negligence of Federal Way shall be charged
to Federal Way, and such charges shall include all direct and indirect costs.
B. In the event that the Premises is damaged beyond use due to a fire, natural disaster, or act
of god, this Agreement shall terminate upon ten (10) days' notice from Federal Way to
Auburn that it intends to vacate the Premises.
5. INSURANCE COVERAGE, INDEMNIFICATION, AND HOLD HARMLESS
A. Federal Way shall maintain insurance coverage,whether through the commercial insurance
market, an insurance pool, self-insurance, or a combination thereof, adequate to meet the
obligations of this Agreement, including the indemnifications contained herein and those
in the interlocal agreement establishing the PSATT, and contractual liability coverage of
applicable leases, licenses, permits, or agreements.
B. To the extent provided for by the terms of the interlocal agreement establishing the PSATT,
Federal Way shall defend, indemnify, and hold harmless Auburn, its officers, officials,
employees and volunteers from and against any and all claims, suits, actions, or liabilities
for injury or death of any person, or for loss or damage to property, which arises out of
Federal Ways'use of the Premises,or from the conduct of Federal Way's business,or from
any activity, work or thing done, permitted, or suffered by Federal Way on or about the
Premises, except only such injury or damage as shall have been occasioned by the sole
gross negligence or willful misconduct of Auburn.
C. Federal Way and Auburn hereby release and discharge each other from all claims, losses,
and liabilities arising from or caused by any hazard covered by property insurance on or in
connection with the Premises or said building. This release shall apply only to the extent
that such claim, loss, or liability is covered by insurance.
6. NOTICES
Any notice, consent, approval or other communication given by either party to the other relating
to this Agreement shall be in writing, sent by both electronic mail and certified mail,return receipt
1NTERLOCAL AGREEMENT
July 19,2017
Page 3 of 7
Page 187 of 218
requested. Such notice may also be delivered by hand.If such notice is hand delivered or personally
served, it shall be deemed effective immediately upon receipt. If sent by certified mail, return
receipt requested, such notice shall be deemed given on the third business day following deposit
in the United States mail, postage prepaid and properly addressed; if delivered by overnight
courier, notice shall be deemed effective on the first business day following deposit with such
courier; and if delivered by electronic communication,notice shall be deemed effective when sent.
The notice addresses of the parties are as follows:
To Auburn: City of Auburn
Attn: Josh Arndt
25 West Main St.
Auburn, WA 98001
Email: Jarndt cr auburnwa.gov
To Federal Way: City of Federal Way
Attn: Andy Hwang
33325 8th Ave. S.
Federal Way, WA 98003
Email: andy.hwang@cityoffederalway.com
7. INSPECTION, ACCESS & POSTED NOTICES
Auburn and any of its agents shall at any time upon seventy-two(72)hours advance,written notice
to PSATT, have the right enter upon and inspect the Premises provided; however, that (A) any
Auburn personnel or agent shall be accompanied by a member of PSATT at all times, and (B) in
the event Auburn determines,in its sole and absolute discretion,that an emergency situation exists
on or adjacent to the Premises, no advance notice to Federal Way is required and Auburn may
immediately enter upon and inspect the Premises. Auburn shall have the right to serve, or to post
and to keep posted on the Premises, or on any part thereof, any notice permitted by law or by this
Agreement, any other notice or notices that may at any time be required or permitted by law or by
this Agreement. Auburn shall not be liable in any manner for any inconvenience,disturbance,loss
of business, or other damages arising out of Auburn's entry on the Premises as provided in this
Section except for such damage that is caused directly by, or through the gross negligence of,
Auburn, its employees, agents, or representatives.
8. MISCELLANEOUS
A. Choice of Law: This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington. Jurisdiction and venue for any action arising out of
this Agreement shall be in King County,Washington.
B. Captions&Headings: The captions in this Agreement are for convenience only and do not
in any way limit or amplify the provisions of this Agreement.
INTERLOCAL AGREEMENT
July 19,2017
Page 4 of 7
Page 188 of 218
C. Relationship of the Parties: Unless otherwise specifically provided herein, no separate legal
entity is created hereby, as each of the parties is contracting in its capacity as a municipal
corporation of the State of Washington. The identity of the parties hereto is as set forth
hereinabove. No provision of this Agreement shall relieve either party of its public agency
obligations and/or responsibilities imposed by law.
D. Severability If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this Agreement or
the application of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby and shall continue in
full force and effect, unless such court determines that such invalidity or unenforceability
materially interferes with or defeats the purposes hereof, at which time either party shall have
the right to terminate the Agreement.
E. Integration: This Agreement constitutes the entire agreement between the parties as to the
leasing ofthe Premises.No modifications or amendments of this Agreement shall be valid or
effective unless evidenced by an agreement in writing signed by both parties. The parties
acknowledge that this Agreement is executed pursuant to the interlocal agreement establishing
the PSATT. In the event there is a conflict between this Agreement and the interlocal
agreement establishing the PSATT, the interlocal agreement establishing the PSATT shall
control.
F. Interpretation: Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
G. Force Majeure: No party to this Agreement shall be held responsible for delay or default
caused by terrorism, natural disasters, riots, acts of god and/or war that is beyond the
reasonable control of the parties.
H. Waiver: The failure of either party at any time to require performance by another party of
any provisions of this Agreement will in no way affect the party's subsequent rights and
obligations under that provision, and waiver by any party of the breach of any provision of
this Agreement shall not be taken or held to be a waiver of any succeeding breach of such
provision or as waiver of such provision itself.
I. Signage—No fixed signage shall be permitted on the Premises whatsoever. If Federal Way
wishes to utilize signage, Federal Way must first submit a written request to Auburn which
specifically states what type of signage Federal Way wishes to utilize,the size and number
of signs Federal Way is requesting to utilize and the location of where Federal Way's
signage will go.Auburn reserves the right to approve,disapprove or modify Federal Way's
request in its sole option and without recourse by Federal Way,which Auburn shall provide
in writing within 21 days of receipt of Federal Way's request.Any and all signage approved
INTERLOCAL AGREEMENT
July 19,2017
Page 5 of 7
Page 189 of 218
for use by Auburn shall be the sole and absolute cost of Federal Way, and consistent with
the expenditures authorized by the interlocal agreement establishing the PSATT. All
signage shall further be subject to and in accordance with the Auburn City Code, Chapter
18.56.
J. Alarm Codes - Alarm code(s) will be provided for personnel access into the Premises.
Alarm codes are subject to change as determined and in the sole discretion of Auburn.
PSATT shall be notified prior to changing of the alarm codes. PSATT shall not provide
any alarm codes to their customers or guests and PSATT shall immediately notify Auburn
if the codes need to be changed to prevent access from a customer or employee to maintain
security.
K. No Brokers—Federal Way represents and warrants to Auburn that it has not engaged any
broker, finder or other person who would be entitled to any commission or fees in respect
of the negotiation, execution or delivery of this Agreement and shall indemnify and hold
harmless Auburn against any loss, cost, liability or expense incurred by Auburn a s a result
of any claim asserted by any such broker, finder or other person on the basis of any
arrangements or agreements made or alleged to have been made by or on behalf of Federal
Way.
9. SIGNATURE
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
CITY OF AUBURN CITY OF FEDERAL WAY
elAAAelJiyBa•k Auburn Mayor im errell, deral Way Mayor
Attest: Attest:
3_,a-te Z-4----1-------- i 1'
Danielle Daskam, Auburn City Clerk iti•h: ie Courtney, Fed:.al Way City
C erk
App •v-• as • •, Approved as to form:
A Ail4 5%ReLA_
D. 0 1 :. Heid,
Auburnv'vity Attorney J. Ryan Call, Federal Way City Attorney
INTERLOCAL AGREEMENT
July 19,2017
Page 6 of 7
Page 190 of 218
Exhibit A
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INTERLOCAL AGREEMENT
July 19,2017
Page 7 of 7
Page 191 of 218
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5444 (Gaub)
Date:
July 8, 2019
Department:
Public Works
Attachments:
Res olution No. 5444
Exhibit A
Exhibit B
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5444
Background Summary:
Resolution No. 5444 authorizes the Mayor to enter into agreements with the Washington
Department of Commerce to receive Federal grant funds and the Washington State
Department of Enterprise Services to manage the design, procurement and construction of
the project.
This Project will install new energy efficient LED streetlights and controls on City owned street
lights. The City has been awarded a $500,000 Department of Commerce Energy Efficient
grant to help fund this project. The City has enlisted the services of the Washington State
Department of Enterprise Services energy group to provide management of the project. In
addition the City anticipates applying for an energy saving rebate from Puget Sound Energy at
completion of the project.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:July 15, 2019 Item Number:RES.C
Page 192 of 218
-----------------------------
Resolution No. 5444
7/03/2019
Page 1
RESOLUTION NO. 5444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON RELATING TO THE CITYWIDE LED
STREET LIGHTING AND CONTROLS IMPROVEMENTS;
AUTHORIZING THE MAYOR TO ACCEPT AND EXPEND GRANT
FUNDS AND EXECUTE AGREEMENTS RELATED TO THOSE
FUNDS
WHEREAS, the City wishes to install new energy efficient LED streetlights
and controls on its city-owned streetlights; and
WHEREAS, the City wishes to use the Washington State Department of
Enterprise Services Energy Savings Performance Program and select an Energy
Services Company (“ESCO”) to help manage, design, and construct the LED
streetlights; and
WHEREAS, the City applied for and was granted a Federal Energy
Efficiency Grant through the Washington State Department Commerce in the
amount of $500,000 to help finance new energy efficient LED streetlights and
controls throughout the City; and
WHEREAS, the City has budgeted $1,850,000 to match and fund the
Project as documented in Auburn’s adopted Transportation Improvement
program; and
WHEREAS, the City anticipates applying for a $350,000 Energy Rebate
from Puget Sound Energy to fund a portion of the project; and
Page 193 of 218
-----------------------------
Resolution No. 5444
7/03/2019
Page 2
WHEREAS, it is in the best interest of the City to accept the Department
of Commerce grant funds, and use the Washington State Department of
Enterprise Services Energy Program to manage, design, procure and construct
the LED streetlights and controls improvements throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to accept and expend federal grant
funds and negotiate and execute Interagency agreements with the Washington
State Department of Commerce and Washington State Department of Enterprise
Services, in substantial conformity with the agreements attached (Exhibit A and
Exhibit B). The Mayor is authorized to accept and expend additional grant
funding from public or private sources as long as the City’s matching
requirements are within the approved budget.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and other contracts for all future
phases of the Project, expending up to the total amount of the Project budget,
and to implement administrative procedures necessary to carry out the directions
of this legislation.
Page 194 of 218
-----------------------------
Resolution No. 5444
7/03/2019
Page 3
Section 3. This Resolution shall take effect and be in full force on
passage and signature.
Dated and Signed this _____ day of _________, 2019.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell, MMC
City Clerk
APPROVED AS TO FORM:
_____________________
Steven L. Gross,
City Attorney
Page 195 of 218
Capital Agreement with
<Local gov or recipient organization name here>
through
<Name of COMMERCE program issuing/administering contract here>
For
<List project title, if applicable, and/or describe the primary
purpose for the funding or the inteded outcome/deliverables in
approx. 25 words or less>
Start date: <Month> <Day>, <Year>
Page 196 of 218
THIS PAGE INTENTIONALLY LEFT BLANK
Page 197 of 218
TABLE OF CONTENTS
ii
Special Terms and Conditions ........................................................................................ 1
Face Sheet ............................................................................................................ 1
1. Acknowledgement of Federal Funding ..................................................... 2
2. Contract Management ............................................................................. 2
3. Compensation .......................................................................................... 2
4. Billing Procedures and Payment .............................................................. 2
5. Subcontractor Data Collection………………………………………………...3
6. Historical or Cultural Artifacts ................................................................... 3
7. Insurance ................................................................................................. 3
8. Use of Apprenticeship Program ............................................................... 4
9. Order of Precedence ................................................................................ 4
General Terms and Conditions ....................................................................................... 5
1. Definitions ................................................................................................ 5
2. Administrative Cost Allocation .................................................................. 5
3. Allowable Costs ....................................................................................... 5
4. All Writings Contained Herein .................................................................. 5
5. Amendments ............................................................................................ 5
6. Americans with Disabilities Act (ADA) ...................................................... 5
7. Approval .................................................................................................. 5
8. Assignment .............................................................................................. 5
9. Attorney’s Fees ........................................................................................ 6
10. Audit ........................................................................................................ 6
11. Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion ......................................................... 7
12. Code Requirements ................................................................................. 8
13. Confidentiality/Safeguarding of Information .............................................. 8
14. Conformance ........................................................................................... 8
15. Conflict of Interest .................................................................................... 8
16. Copyright Provisions ................................................................................ 9
17. Disallowed Costs ..................................................................................... 9
18. Disputes ................................................................................................... 9
19. Duplicate Payment ................................................................................. 10
20. Governing Law and Venue ..................................................................... 10
21. Indemnification ....................................................................................... 10
22. Independent Capacity of the Contractor ................................................. 10
23. Industrial Insurance Coverage ............................................................... 10
24. Laws ...................................................................................................... 11
25. Licensing, Accreditation and Registration .............................................. 13
26. Limitation of Authority ............................................................................ 13
27. Local Public Transportation Coordination ............................................... 13
28. Noncompliance With Nondiscrimination Laws ........................................ 13
29. Notification of Tenant Rights/Responsibilities ......................................... 14
30. Pay Equity.............................................................................................. 14
31. Political Activities ................................................................................... 14
32. Prevailing Wage Law ............................................................................. 14
33. Procurement Standards for Federally Funded Programs ....................... 14
34. Prohibition Against Payment of Bonus or Commission ........................... 15
Page 198 of 218
35. Publicity ................................................................................................. 15
36. Recapture .............................................................................................. 15
37. Records Maintenance ............................................................................ 16
38. Registration With Department of Revenue ............................................. 16
39. Right of Inspection ................................................................................. 16
40. Savings .................................................................................................. 16
41. Severability ............................................................................................ 16
42. Subcontracting ....................................................................................... 16
43. Survival .................................................................................................. 16
44. Taxes ..................................................................................................... 17
45. Termination for Cause ........................................................................... 17
46. Termination for Convenience ................................................................. 17
47. Termination Procedures ......................................................................... 17
48. Treatment of Assets ............................................................................... 18
49. Waiver ................................................................................................... 18
50. Work Hours and Safety Standards ......................................................... 18
Attachment A, Scope of Work
Attachment B, Budget
Page 199 of 218
FACE SHEET
1
Contract Number: <insert number>
Washington State Department of Commerce
<Select Division, Board, or Commission>
<Insert Unit or Office>
<Insert Program(s) and/or Project(s)>
1. Contractor 2. Contractor Doing Business As (optional)
<Insert legal name>
<Insert mailing address>
<Insert physical address>
<Insert location>
<Insert DBA name>
<Insert DBA mailing address>
<Insert DBA physical address>
<Insert DBA location>
3. Contractor Representative 4. COMMERCE Representative
<Insert name>
<Insert title>
<Insert phone>
<Insert FAX>
<Insert e-mail>
<Insert name>
<Insert title>
<Insert phone>
<Insert FAX>
<Insert e-mail>
<Insert mailing address>
<Insert physical address>
<Insert location>
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
<Insert $ amount> Federal: State: Other: N/A: <Insert date> <Insert date>
9. Federal Funds (as applicable)
<Insert $ amount>
10. Federal Agency
<Insert name>
CFDA Number:
<Insert number>
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
<Insert number> <Insert number> <Insert number> <Insert number>
14. Contract Purpose
<Briefly describe contract purpose>
COMMERCE, defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and
attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by
reference: Contractor Terms and Conditions including Attachment “A” - <insert title>, Attachment “B” – <insert title>,
Attachment “C” – <insert title>, <etc.>
FOR CONTRACTOR FOR COMMERCE
<insert name>, <insert title>
Date
<insert name>, <insert title>
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Page 200 of 218
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
2
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: XXXX
Federal Award Identification Number (FAIN): XXXX
Total amount of the federal award: $XXXXX
Awarding official: XXXX (XXX) XXX-XXXX
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
“This project was supported by Grant No. < > awarded by <Federal Granting
Agency> . Points of view in this document are those of the author and do not necessarily
represent the official position or policies of the <Federal Granting Agency> . Grant funds
are administered by the <COMMERCE Program> , Washington State Department of
Commerce.”
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed ($ ) for the performance of all things
necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor's
compensation for services rendered shall be based on the following rates or in accordance with the
following terms:
EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the
Contractor for authorized expenses shall not exceed $ , which amount is included in the
Contract total above.
Such expenses may include airfare (economy or coach class only), other transportation expenses,
and lodging and subsistence necessary during periods of required travel. Contractor shall receive
compensation for travel expenses at current state travel reimbursement rates.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE [not more often
than monthly.]
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number
. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
Page 201 of 218
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
3
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
NOTE: Optional Provision - COMMERCE shall withhold 10 percent from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the
portion of Grant funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business
subcontractors. “Subcontractors” shall mean subcontractors of any tier.
6. HISTORICAL OR CULTURAL ARTIFACTS
Certain capital construction projects may be subject to the requirements of Washington State
Executive Order 05-05 "Archaeological and Cultural Resources”. Contractor will cooperate with
Commerce as may be required, to fulfill the requirements of EO -05-05. In the event that historical or
cultural artifacts are discovered at the Project site during construction or rehabilitation, the Contractor
or subcontractor shall immediately stop work and notify the local historical preservation officer and the
state historic preservation officer at the Department of Archaeology and Historic Preservation at (360)
586-3065. If human remains are discovered, the Contractor shall immediately stop work and report
the presence and location of the remains to the coroner and local enforcement, then contact DAHP
and any concerned tribe’s cultural staff or committee.
7. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the State should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
Subcontractor, or agents of either, while performing under the terms of this contract.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non-renewal or modification.
The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Contract, the Contractor shall submit renewal certificates not less than
thirty (30) calendar days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Contract, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of contract activity but no less than $1,000,000
per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts.
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Automobile Liability. In the event that performance pursuant to this Contract involves the use of
vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance
shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
licensed staff employed or under contract to the Contractor. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Contractor for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the
highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall
secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors
pursuant to this paragraph shall name the Contractor as beneficiary.
C. The Contractor shall provide, at COMMERCE’s request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
8. USE OF APPRENTICESHIP PROGRAM
For Housing Trust Fund contracts with one million dollars ($1,000,000.00) or more awarded by the
Housing Trust Fund, Contractor shall make best efforts to select builders/contractors that use an
approved apprenticeship program as described in RCW 39.04.320. The apprenticeship program
requires that a minimum of 15% of total labor hours be provided by Washington State Apprenticeship
and Training Council (WSATC)-registered apprentices. The builders/contractors selected should
meet the requirements of this law and should ask those who subcontract this work from them to use
apprentice labor. Should such builders/contractors not be available, the Contractor may select the
otherwise most responsible and responsive builders/contractors, and should document its efforts to
comply with the law.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A – Scope of Work
Attachment B – Budget
add any other attachments incorporated by reference on the Face Sheet
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1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to
act on the Director’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the
Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The
terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Contract based on an
allocation plan that reflects allowable administrative costs that support services provided under each
Contract administered by the Contractor. An approved current federal indirect cost rate may be
applied up to the maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
4. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
5. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the “ADA” 28 CFR Part 35
The Contractor 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 telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE’s Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only by
a written amendment executed by both parties.
8. ASSIGNMENT
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Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Contractor without prior written consent of COMMERCE.
9. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each part y agrees to bear its own attorney’s fees and costs.
10. AUDIT
If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or
all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-
specific audit for that fiscal year. Upon completion of each audit, the Contractor shall:
1. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR
200.501, reports required by the program -specific audit guide (if applicable), and a copy of
any management letters issued by the auditor.
2. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or
all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single
audit requirement.
The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov.
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
4. Have not within a three-year period preceding the signing of this contract had one or more
public transactions (federal, state, or local) terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this contract, the Contractor
shall attach an explanation to this contract.
C. The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Contractor further agrees by signing this contract that it will include the clause titled
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction,” as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this contr act that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
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b) Where the lower tier contractor is unable to certify to any of the statements in this contract,
such contractor shall attach an explanation to this contract.
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Contractor by COMMERCE that is designated as “confidential” by
COMMERCE;
2. All material produced by the Contractor that is designated as “confidential” by COMMERCE;
and
3. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law. “Personal information” includes but is not limited to information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number and other
identifying numbers, and “Protected Health Information” under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Contractor shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Contract whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time period
specified by COMMERCE. Upon request, the Contractor shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
14. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE
may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
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Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the Contractor in the
procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The Contractor and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on the Commerce
program administering this contract, including but not limited to formulating or drafting the legislation,
participating in grant procurement planning and execution, awarding grants, and monitoring grants,
during the 24 month period preceding the start date of this Grant. Identify the individual by name, the
agency previously or currently employed by, job title or position held, and separation date. If it is
determined by COMMERCE that a conflict of interest exists, the Contractor may be disqualified from
further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the Contractor as it could pursue in the event of a breach of the contract
by the Contractor. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the “Disputes” clause of this contract.
16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered “works for
hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
17. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
18. DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director
of COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
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state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Director and the other party’s (respondent’s) Contract Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the
Director’s designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable
alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined
above.
19. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source.
20. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, for, from and against all claims for injuries or death arising out of, or resulting from, the
performance of the contract. “Claim” as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by
Contractor’s agents, employees, representatives, or any subcontractor or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to Contractor’s or any subcontractor’s performance or failure to perform the contract.
Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or
reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees
and officials.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
22. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
23. INDUSTRIAL INSURANCE COVERAGE
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The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to
collect from the Contractor.
24. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended.
25. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and f ederal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure
set forth herein.
29. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES
The Contractor shall provide all tenants, if any, with information outlining tenant rights and
responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of
Washington.
The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing
and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance. Such
notices will be provided as required by the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d) of the
Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and
noted in HUD’s Handbook No. 1378. Notifications will include but not be limited to:
General Information Notice
Notice of Displacement/Non-Displacement
30. PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
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performed under similar working conditions. Job titles alone are not deter minative of whether
employees are similarly employed;
b. Contractor may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by the Department, if the Department or the Department of
Enterprise services determines that the Contractor is not in compliance with this provision.
31. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
32. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay
Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make
such records available for COMMERCE’s review upon request.
33. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative
Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this
Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
2 CFR Part 200.
The Contractor’s procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority-owned businesses.
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d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by
the Contractor, but must be appropriate for the particular procurement and for promoting
the best interest of the program involved.
e. Contracts shall be made only with reasonable subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for contract administration to ensure Contractor conformance with terms,
conditions and specifications of this Contract, and to ensure adequate and timely follow-
up of all purchases.
4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds
from this Contract to enter into a sole source contract or a contract where only one bid or
proposal is received when value of this contract is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable.
34. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract 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.
35. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE’s name is mentioned, or language used from which the connection with
the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
36. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal
laws, and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this contract.
37. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly ref lect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
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authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
38. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington S tate Department of
Revenue.
39. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
40. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may terminate
the Contract under the "Termination for Convenience" clause, without the ten business day notice
requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
41. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
42. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor’s duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor’s performance of the subcontract.
43. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
44. TAXES
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All payments accrued on account of payroll taxes, unemployment contributions , the Contractor’s
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor.
45. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notif y the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
46. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
47. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the the
Authorized Representative determines to be necessary to protect COMMERCE against potential loss
or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
1. Stop work under the contract on the date, and to the extent specified, in the notice;
2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated ;
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3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor, under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed, would
have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
7. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which COMMERCE has or may acquire an interest.
48. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor’s employees,
agents or Subcontractors.
49. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
50. WORK HOURS AND SAFETY STANDARDS
The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)-Where applicable, all
contracts awarded by recipients in excess of $100,000 for construction and other purposes that
involve the employment of mechanics or laborers must include a provision for compliance with
Section 102 and 107 of the Contract Work Hours Safety Standards Act (40 U.S.C. 327-333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act,
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each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction
work and provides that no laborer or mechanic is required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
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Attachment A
17
Scope of Work
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Attachment B
18
Budget
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June 11, 2019
TO: Scott Nutter, Traffic Operations Engineer
City of Auburn
FROM: Curtis Pate, Contracts Specialist, (360) 407-7913
RE Agreement No. 2019-529 A (1)
IGA - Street Lighting Fixtures & Controls
IAA No. K5481
McKinstry Essention LLC
SUBJECT: Funding Approval
The Dept. of Enterprise Services (DES), Energy Program, requires funding approval for the above
referenced contract documents. The amount required is as follows:
ESCO Audit $ 85,937.00
Total Funding $ 85,937.00
In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the
DES Energy Program that the above identified funds are appropriated, allotted or that
funding will be obtained from other sources available to the using client/agency. The
using/client agency bears the liability for any issues related to the funding for this project
By
Name / Title Date
Please sign and return this form to E&AS. If you have any questions, please call me.
2019529Afndcp
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