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HomeMy WebLinkAbout04-06-2020 CITY COUNCIL AGENDA (4)City Council Meeting April 6, 2020 - 7:00 P M City Hall Council Chambers AGE ND A Watch the meeting L IV 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 I I .Virtual P articipation L ink 1.Virtual Participation L ink T he C ity C ouncil Meeting will be held virtually and telephonically. T he public is highly encouraged to attend the meeting by clicking on the link or calling into the meeting at the phone number listed below. P lease click the link below to join the webinar: https://zoom.us/j/707599032 O r iPhone one-tap : US : +13462487799,,707599032# O r Telephone: Dial: 346 248 7799 888 475 4499 (Toll Free) Webinar I D : 707 599 032 P er the Governor's E mergency P roclamation 20-28, the City of Auburn is prohibited from holding an in-person meeting at this time. A ll meetings will be held virtually and telephonically. A.P ledge of Allegiance B.Roll Call I I I .NE W B US INE S S A.C ouncil Rules of Procedure (R E C O MME ND E D A C T I O N: Move to extend the suspension of C ouncil Rules of P rocedure 3.1(H), 4.1, 10.1, 11.2(B ) and 16.1 that were amended on March 12, 2020 during the Special Council through April 27, 2020 and to allow generally the virtual and telephonic participation in Council meetings.) Page 1 of 73 I V.ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS A.S exual Assault Awareness Month Mayor B ackus to proclaim April 2020 as "Sexual Awareness Month" in the C ity of A uburn B.National P ublic S af ety Telecommunicators Week Mayor B ackus to proclaim April 12-18, 2020 as "National P ublic Safety Telecommunicators Week" in the C ity of A uburn V.AG E ND A M O D I F IC AT I O NS V I .C I T I ZE N INP 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 - (No public hearing is scheduled for this evening.) B.Audience P articipation Thi s i s the place on the agenda where the public is invited to speak to the City Counci l on any issue. 1.Virtual Participation P articipants wishing to speak during a public hearing or public comments are asked to raise their hand within the Z oom program (on the phone it is *9) to indicate they would like to speak for public comment or a public hearing, if applicable. I f you are unable to raise your hand, at the end of the virtual public comment period the Mayor will open all lines and ask f or additional comments. You will then be asked to state your name and address for the record and be given three minutes to speak. P articipants can alternatively submit written comments to scampbell@auburnwa.gov. A ll written comments must be received prior to 7:00 p.m. on the day of the scheduled meeting and must be 350 words or less. C .C orrespondence - (T here is no correspondence for Council review.) V I I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council C ommittees' progress on assigned tasks and may give their recommendation to the C ity Council, if any. 1.F inance A d Hoc Committee (Chair B aggett) V I I I .C O NS E NT AG E ND A All matters l isted on the Consent Agenda are considered by the City Council to be routine and wi ll be enacted by one moti on in the form listed. A.Minutes of the March 12, 2020 and March 23, 2020 S pecial C ity C ouncil Meeting B.Minutes of the March 16, 2020 Regular City Council Meeting Page 2 of 73 C .Minutes of the March 23, 2020 and March 30, 2020 S tudy S ession D .C laim Vouchers (T homas) C laim vouchers list dated April 6, 2020 which includes voucher numbers 457802 through 458027 in the amount of $2,399,150.59 and ten wire transf ers in the amount of $739,287.77 E.P ayroll Vouchers (Thomas) P ayroll check numbers 538887 through 538896 in the amount of $585,050.12 and electronic deposit transmissions in the amount of $2,086,753.22 f or a grand total of $2,671,803.34 for the period covering March 12, 2020 to March 31, 2020 (RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.) I X.UNF I NI S HE D B US I NE S S X .NE W B US INE S S X I .O RD I NANC E S A.Ordinance No. 6764 (Thomas) A n O rdinance amending the 2019-2020 B iennial B udget, which represents the sixth budget amendment f or the 2019-2020 biennium and the second budget amendment for 2020 (RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6764.) B.Ordinance No. 6765 (Gaub, Comeau, T homas) A n O rdinance amending sections Chapter 3.10 and 3.12 relating to public contracting and purchasing (RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6765.) X I I .RE S O L UT IO NS A.R esolution No. 5491 (O'Neil) A R esolution amending the agreement with the A uburn S chool District related to law enf orcement services (RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5491.) B.R esolution No. 5505 (Gaub) A R esolution to execute an interlocal agreement with the C ity of A lgona regarding water and sewer utility service for properties located along the boundaries between A uburn and A lgona (RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5505.) X I 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 ti me the Mayor and City Council may report on significant i tems associated with Page 3 of 73 their appoi nted positions on federal, state, regional and local organi zations. A.Fr om the Council B.Fr om the M ayor X I V.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 revi ew at the City Clerk's Office. Page 4 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Council Rules of Procedure Date: March 26, 2020 Department: Administration Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Extend the ability to attend meetings through virtual participation until April 27, 2020. Background Summary: During the March 12, 2020 Special City Council Meeting the Council voted to approve the below motions through April 5, 2020. To continue with all virtual and telephonic meeting participation, Council will need to extend the following motions: To suspend Council Rule 3.1(H), Regular Council Meetings Audience Participation, to allow audience participation and telephonic public comments through April 27, 2020. Council will also encourage audience participation through submitting written statements to: scampbell@auburnwa.gov. All written statements must be submitted by 7PM on the day of the regular set City Council Meeting and will be limited to 350 words. To suspend Rule 4.1, Councilmember attendance at meetings, to allow Councilmembers to attend all public meetings virtually or telephonically through April 27, 2020. To suspend Rule 10.1, Comments, Concerns, and Testimony to Council, to allow persons addressing the Council to do so telephonically through April 27, 2020. To suspend Rule 11.2(B), Public Hearings, to allow virtual or telephonic audience attendance and to allow virtual or telephonic comments for a public hearing through April 27, 2020. Council will also encourage audience participation through submitting written statements to: scampbell@auburnwa.gov. All written statements must be submitted by 7PM on the day of the regular set City Council Meeting and will be limited to 350 words. To suspend Council Rule 16.1, Council Study Sessions, Committees, and Citizen Advisory Boards, to allow Councilmembers to attend study sessions virtually or telephonically through April 27, 2020. Rev iewed by Council Committees: Page 5 of 73 Councilmember:Staff: Meeting Date:April 6, 2020 Item Numb er:NB.A Page 6 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the March 12, 2020 and March 23, 2020 Special City Council Meeting Date: March 31, 2020 Department: City Council Attachments: 03-12-2020 Minutes 03-23-2020 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:April 6, 2020 Item Numb er:CA.A Page 7 of 73 Special City Council Meeting March 12, 2020 - 6:30 P M Virtual and 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 6:30 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. Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga and Chris Stearns. Councilmember Yolanda Trout-Manuel was excused. Mayor Nancy Backus and the following department directors and staff members were present: Assistant City Attorney Doug Ruth, Director of I nnovation and Technology David Travis, Network Analyst B rian Nguyen, I nnovation and Technical Support S pecialist Danika Olson and City Clerk S hawn Campbell. The following department directors and staff members virtually present: City Attorney Kendra Comeau and Director of Public Works I ngrid Gaub. A .V I RT UAL C AL L I N NUM B E R 1.Virtual P articipation T he S pecial City Council Meeting was held virtually and in person in the Council Chambers. I I .NE W B US I NE S S A .Resolution No. 5504 (Comeau) A Resolution Ratifying the E mergency Proclamation Regarding the Novel Coronavirus Outbreak City Attorney Comeau presented Council with information on the E mergency Proclamation regarding the Novel Coronavirus (C O V I D-19) which will allow the City to take all appropriate action necessary to address and respond to the C O V I D-19 emergency. Council discussed when the emergency declaration will conclude, if the Mayor can terminate the emergency and wanted to confirm that the proclamation gives the Mayor sufficient ability to be able to conduct business. Page 1 of 3Page 8 of 73 Mayor Backus advised Council that the emergency will conclude when the Governor determines that there is no longer an emergency, that she can also terminate the emergency, but stated it is unlikely she would do so prior to the Governor or the Federal Government. S he also confirmed the proclamation will allow her to conduct business as needed. Deputy Mayor DaCorsi moved and Councilmember J eyarai seconded to adopt Resolution No. 5504. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B .Council Rules of P rocedure (Comeau) Deputy Mayor DaCorsi explained the purpose of modifying the Council Rules of Procedure during the S tate of E mergency and moved to modify the following five rules to allow virtual, telephonic or written statements for Council Meetings, Study Sessions, Public Hearings, Committees and Citizen A dvisory Boards: Deputy Mayor DaCorsi moved and Councilmember B aggett seconded to suspend Council Rule 3.1(H), Regular Council Meetings A udience P articipation, to allow audience participation and telephonic public comments. Council will also encourage audience participation through submitting written statements to: scampbell@auburnwa.gov. All written statements must be submitted by 7P M on the day of the regular set City Council Meeting and will be limited to 350 words. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 Deputy Mayor DaCorsi moved and Councilmember B rown seconded to suspend Rule 4.1, Councilmember attendance at meetings, to allow Councilmembers to attend all public meetings virtually or telephonically through April 5, 2020. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 Deputy Mayor DaCorsi moved and Councilmember B rown seconded to suspend Rule 10.1, Comments, Concerns, and Testimony to Council, to allow persons addressing the Council to do so telephonically. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to suspend Rule 11.2(B ), P ublic Hearings, to allow virtual or telephonic audience attendance and to allow virtual or telephonic comments for a public hearing. Council will also encourage audience participation through submitting written statements to: scampbell@auburnwa.gov. All written statements must be submitted by 7P M on the day of the regular set City Council Meeting and will be limited to 350 words. Page 2 of 3Page 9 of 73 MO T I O N C A R R I E D UNA NI MO US LY. 6-0 Deputy Mayor DaCorsi moved and Councilmember Mulenga seconded to suspend Council Rule 16.1, Council Study Sessions, Committees, and Citizen A dvisory Boards, to allow Councilmembers to attend study sessions virtually or telephonically through April 5, 2020. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 I I I .AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 6:47 p.m. A P P R O V E D this 6th day of A pril, 2020. _____________________________ ____________________________ NA NC Y B A C K US, MAYO R S hawn Campbell, 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 10 of 73 Special City Council Meeting March 23, 2020 - 5:00 P M Virtual and City Hall Council Chambers MINUT E S I .C AL L T O O RD E R Mayor Nancy B ackus called the meeting to order at 5:00 p.m. in the C ouncil Chambers of Auburn City Hall, 25 West Main S treet in A uburn. A.Roll Call C ouncilmembers virtually present: Deputy Mayor C laude DaC orsi, Bob B aggett, L arry B rown, Robyn Mulenga and Yolanda Trout-Manuel. C ouncilmembers J ames J eyaraj and C hris Stearns were excused. Mayor Nancy B ackus and the f ollowing department directors and staff members were present: Director of I nnovation and Technology D avid Travis, I nnovation and Technical S upport Specialist Danika Olson, Network A nalyst B rian Nguyen, Chief of P olice D an O'Neil and Deputy City Clerk Teresa Mattingly. The f ollowing department directors and staff members virtually present: C ity A ttorney K endra C omeau, A ssistant I nf ormation and Technology D irector Ashley Riggs, Director of A dministration D ana Hinman, Director of Finance J amie T homas and D irector of Community Development J eff Tate. I I .Virtual P articipation A.Virtual P articipation The S pecial C ity C ouncil Meeting was held virtually and in person in the C ouncil C hambers. I I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS A.Mayor B ackus to proclaim an emergency related to C O V I D -19 and the City's commitment to provide a continuing response Mayor B ackus read and proclaimed an E mergency and Temporary Moratorium on R esidential L ate P ayment F ees, an Emergency and Temporary Moratorium on Commercial E victions and directed C ity staf f to identif y opportunities to assist A uburn residents, small businesses, tenants, and other people in Auburn af f ected by C O V I D-19. Page 1 of 3Page 11 of 73 I V.O RD I NANC E S A.Ordinance No. 6767 (Thomas) A n O rdinance temporarily waiving late fees f or utility accounts and airport f ees, superseding certain sections of A uburn City Code requiring payment of such late fees as set forth in A C C 12.56.045; 13.06.300; 13.06.511; 13.20.390; and 13.48.120, in light of a declared P ublic Health E mergency R elated To C O V I D -19 D eputy Mayor DaC orsi motioned and C ouncilmember Trout-Manuel seconded to suspend City Council P rocedure R ule 3.1(N)(2) requiring any Ordinance to be included on a S tudy S ession agenda prior to being included in a C ouncil Meeting agenda f or consideration. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 D eputy Mayor DaC orsi moved and Councilmember B aggett seconded to adopt O rdinance No. 6767. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 V.RE S O L UT IO NS A.R esolution No. 5506 (T homas) A R esolution ratif ying Emergency Proclamation 2020-03 establishing a temporary moratorium on residential tenant late f ees related to late payments D eputy Mayor DaC orsi moved and Councilmember Mulenga seconded to adopt Resolution No. 5506. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 C ouncil discussed extending the moratorium if necessary. B.R esolution No. 5507 (Martinson) A R esolution conf irming the A ppointment of K endra Comeau as the City Attorney for the City of Auburn D eputy Mayor DaC orsi moved and Councilmember Trout-Manuel seconded to adopt R esolution No. 5507. MO T I O N C A R R I E D UNA NI MO US LY. 5-0 C .R esolution No. 5508 (T homas) A R esolution ratif ying Emergency Proclamation 2020-04 establishing a temporary moratorium on commercial evictions D eputy Mayor DaC orsi moved and Councilmember B aggett seconded to adopt Resolution No. 5508. Page 2 of 3Page 12 of 73 MO T I O N C A R R I E D UNA NI MO US LY. 5-0 V I .AD J O URNM E NT There being no further business to come bef ore the Council, the meeting was adjourned at 5:17 p.m. A P P R O V E D this 6th day of A pril, 2020. _______________________ ____________________________ NA NC Y B A C K US , MAYO R Teresa Mattingly, Deputy C ity C lerk 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 revi ew at the City Clerk's Office. Page 3 of 3Page 13 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the March 16, 2020 Regular City Council Meeting Date: March 31, 2020 Department: City Council Attachments: 03-16-2020 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:April 6, 2020 Item Numb er:CA.B Page 14 of 73 City Council Meeting March 16, 2020 - 7:00 P M Virtual and 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 .Virtual Participation Link 1.Virtual P articipation L ink T he City Council Meeting was held virtually and in person in the Council Chambers. B .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. C.Roll Call Councilmembers present virtually: Deputy Mayor Claude DaCorsi, B ob B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and Yolanda Trout-Manuel. Mayor Nancy Backus and the following department directors and staff members were present: I nnovation and Technology Director David Travis, I nnovation and Technical Support S pecialist Danika Olson, Network A nalyst Brian Nguyen, Chief of P olice Dan O’Neil and City Clerk Shawn Campbell. The following department directors and staff members attended virtually: City Attorney Kendra Comeau, Director of P ublic Works I ngrid Gaub and Director of A dministration Dana Hinman. 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 There were no announcements, reports or presentations. I I I .AP P O I NT M E NT S A .Transportation Advisory B oard City Council to appoint Waylon Menzia to the Transportation Advisory B oard, serving as the high school student representative, for a three year term to expire December 31, Page 1 of 4Page 15 of 73 2022 Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel seconded to appoint Waylon Menzia to the Transportation A dvisory Board for a three-year term to expire December 31, 2022. MO T I O N C A R R I E D UNA NI MO US LY. 7-0 I V.AG E ND A M O D I F IC AT I O NS There were no modifications 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 1-19 (Gaub) Mayor B ackus opened the public hearing at 7:07 p.m. Virginia Haugen, 2503 R St S E, A uburn Ms. Haugen expressed her concerns about parking and vacating alleys. T he public hearing closed at 7:10 p.m. B .Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Virginia Haugen, 2503 R S t S E , Auburn Ms. Haugen thanked the Mayor for appearing at this Council Meeting and stated she is not afraid of getting the virus, but is tired of the media hype and politicians telling everyone in the United States how to run their lives. 1.Virtual P articipation B ob Z immerman, 33029 46th Place S, A uburn Mr. Z immerman submitted his comments via email and expressed his concerns regarding the lack of enforcement of safety standards within the City of Auburn. 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 Page 2 of 4Page 16 of 73 City Council, if any. 1.F inance Ad Hoc Committee (Chair B aggett) Councilmember B aggett, Chair of the Finance ad hoc committee, reported he and Councilmember Stearns 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 March 2, 2020 Special City Council Meeting B .Minutes of the March 2, 2020 Regular City Council Meeting C.Claim Vouchers (Thomas) Claim vouchers list dated March 16, 2020 which includes voucher numbers 457607 through 457801 in the amount of $4,648,835.35 and one wire transfer in the amount of $440,993.81 D.P ayroll Vouchers (T homas) P ayroll check numbers 538871 through 538886 in the amount of $238,554.63 and electronic deposit transmissions in the amount of $2,111,889.01 for a grand total of $2,350,443.64 for the period covering F ebruary 25, 2020 to March 11, 2020 Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel seconded to approve the consent agenda. 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. 6759 (Gaub) A n Ordinance vacating right-of-way of a portion of the alley north of 3rd S treet NE between B S treet NE and Auburn Avenue Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to adopt Ordinance No. 6759. Page 3 of 4Page 17 of 73 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. 5502 (Hinman) A Resolution approving the L odging Tax Grant disbursements recommended by the A uburn L odging Tax Advisory Committee Deputy Mayor DaCorsi moved and Councilmember Mulenga seconded to adopt Resolution No. 5502. 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 Councilmember S tearns stated he attended the Water I ncident Research A lliance 9 (W I R A 9) meeting remotely. B .From the M ayor Mayor Backus reported she, Department Directors and City Staff have worked hard this last week to slow the spread of the C O V I D-19 virus. City offices will be closed to the public starting at 5:00 p.m. today, except as required for public meetings. Councilmembers S tearns and Trout-Manuel thanked the Mayor and the first responders for their calmness and courage during this crisis. 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 6:26 p.m. A P P R O V E D this 6th day of A pril, 2020. _____________________________ ____________________________ NA NC Y B A C K US, MAYO R S hawn Campbell, 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 4 of 4Page 18 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the March 23, 2020 and March 30, 2020 Study Session Date: April 1, 2020 Department: City Council Attachments: 03-23-2020 Minutes 03-30-2020 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:April 6, 2020 Item Numb er:CA.C Page 19 of 73 City Council Study Session Finance, Technology and Economic Dev elopment Special Focus Area March 23, 2020 - 5:30 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 A L L TO O R D E R Deputy Mayor DaCorsi 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. I I .Virtual Participation A .Virtual Participation L ink The City Council Meeting was held virtually and in person in the Council Chambers. B .Roll Call Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob B aggett, L arry Brown, Robyn Mulenga, Chris S tearns and Yolanda Trout- Manuel. Councilmember J ames J eyaraj was excused. Mayor Nancy Backus and the following department directors and staff members were present: Director of I nnovation and Technology David Travis, I nnovation and Technical S upport Specialist Danika Olson, Network Analyst B rian Nguyen, Assistant P olice Chief Mark Caillier, Chief of P olice Dan O'Neil and Deputy City Clerk Teresa Mattingly. The following department directors and staff members attended the meeting virtually: City Attorney Kendra Comeau, A ssistant I nformation and Technology Director Ashley Riggs, Director of Administration Dana Hinman, Director of Public Works I ngrid Gaub and Director of Human Resources and Risk Management Candis Martinson. I 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 Deputy Mayor DaCorsi thanked the Mayor, the I nformation and Technology Department and the City's staff for their work during these difficult times. Page 1 of 3Page 20 of 73 I V.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. 6757 (Caillier)(5 Minutes) A n Ordinance amending S ection 6.35.030 relating to the restraint and registration of potentially dangerous dogs City Attorney Comeau reviewed the changes to the Auburn City Code related to the restraint and registration of potentially dangerous dogs. B .Ordinance No. 6765 (Gaub, Comeau, T homas)(15 Minutes) A n Ordinance amending Chapters 3.10 and 3.12 relating to public contracting and purchasing Director Gaub reviewed the proposed changes to Chapter 3.10, Policy P urchasing and Chapter 3.12, Public Contracts of the A uburn City Code related to public contracting and purchasing. Council discussed the Mayor's contract authorization limits and how often she may need to approve unbudgeted expenditures in excess of $100,000. They also discussed the construction contract approval process, how a contract is awarded and requested to see the results of future construction project bids. C.Ordinance No. 6766 (Comeau)(15 Minutes) A n Ordinance amending S ection 9.22.010 related to controlled substances City Attorney Comeau discussed moving the controlled substance possession ordinance definition from paragraph (f) of the R C W to paragraph (g) in order to minimize the need for additional ordinance revisions in the future. V.O T HE R D I S C US S I O N I T E MS Deputy Mayor DaCorsi discussed ways for Council to make a motion during a meeting since they are all virtual, the Mayor is having regular meetings with the Directors to discuss the C O V I D-19 crisis and asked the Council to send an email to the Mayor, Deputy Mayor and Council A dministrative Assistant Manthey if they have any recommendations that may be helpful dealing with this crisis. V I .NE W B US I NE S S There was no new business. Page 2 of 3Page 21 of 73 V I I .A D J O UR NME NT There being no further business to come before the Council, the meeting was adjourned at 6:06 p.m. A P P R O V E D this 6th day of A pril, 2020. ________________________________ ____________________________ C L A UD E D A C O R S I , 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 22 of 73 City Council Study Session March 30, 2020 - 5:30 P M City Hall Council Chambers MINUT E S Watch the meeting v ideo Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R Deputy Mayor DaCorsi called the meeting to order at 5:30 p.m. in the Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn. I I .Virtual Presentation L ink A .The City Council S tudy S ession meeting was held virtually and telephonically in the Council Chambers. B .Roll Call Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga and Yolanda Trout- Manuel. Councilmember Chris Stearns joined the meeting at 5:32 p.m. Mayor Nancy Backus and the following department directors and staff members were present: Director of I nnovation and Technology David Travis, I nnovation and Technical S upport Specialist Danika Olson, Network A nalyst Brian Nguyen, Chief of P olice Dan O'Neil and Deputy City Clerk Teresa Mattingly. The following department directors and staff members attended the meeting virtually: Assistant City Attorney Doug Ruth, A ssistant I nformation and Technology Director Ashley Riggs, Director of P ublic Works I ngrid Gaub, Director of Finance J amie Thomas, Director of Community Development J eff Tate and P lanning S ervices Manager J eff Dixon. I 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 V.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. 6764 (T homas)(20 Minutes) A n Ordinance amending Ordinance No. 6693, the 2019-2020 biennial budget Ordinance, as amended by Ordinance No. 6712, Ordinance No. 6719, Ordinance No. 6720, and Ordinance No. 6751, authorizing amendment to the City of Auburn 2019- 2020 budget as set forth in schedule “A ” and schedule “B" Page 1 of 2Page 23 of 73 Director T homas reviewed the sixth budget amendment for the biennium and the second budget amendment for calendar year 2020. Council discussed the Auburn Avenue T heater purchase, the impact of the Federal minimum wage on the Park's Department budget, the Teamsters contract and how drug seizure money is received and allocated. B .P lanning Commission and L and Use L egislative P rocess (Tate)(20 Minutes) Overview of P lanning Commission role in local land use legislative process Manager Dixon provided Council with an overview of the Planning Commission. He explained what a Planning Commission is, their role in the legislative process, the land use legislative process, A uburn City Code basis for the Planning Commission and how the Planning Commission's key role is helping to set the long term direction or vision for the community's future. Council discussed how the Planning Commission handles public hearings and public engagement. V.O T HE R D I S C US S I O N I T E MS There were no other discussion items. V I .A D J O UR NME NT There being no further business to come before the Council, the meeting was adjourned at 6:13 p.m. A P P R O V E D this 6th day of A pril, 2020. ________________________________ ____________________________ C L A UD E D A C O R S I , D E P UT Y MAYO R Teresa Mattingly, Deputy 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 2 of 2Page 24 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Claim Vouchers (Thomas) Date: March 31, 2020 Department: Finance 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 vouchers list dated April 6, 2020 which includes voucher numbers 457802 through 458027 in the amount of $2,399,150.59 and ten wire transfers in the amount of $739,287.77. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:April 6, 2020 Item Numb er:CA.D Page 25 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers (Thomas) Date: March 31, 2020 Department: Finance 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 538887 through 538896 in the amount of $585,050.12 and electronic deposit transmissions in the amount of $2,086,753.22 f or a grand total of $2,671,803.34 for the period covering March 12, 2020 to March 31, 2020. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:April 6, 2020 Item Numb er:CA.E Page 26 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6764 (Thomas) Date: April 1, 2020 Department: Finance Attachments: Trans mittal Memo Ordinance No. 6764 Schedule A Schedule B Budget Impact: Administrativ e Recommendation: City Council to adopt Ordinance No. 6764 Background Summary: Ordinance No. 6764 (Budget Amendment #6) represents the sixth budget amendment for the 2019-2020 biennium and the second budget amendment for 2020. For details, see the attached transmittal memorandum and supporting materials. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:April 6, 2020 Item Numb er:ORD.A Page 27 of 73 Interoffice Memorandum To: City Council From: Jamie Thomas, Finance Director CC: Nancy Backus, Mayor Date: March 24, 2020 Re: Ordinance #6764 – 2019-2020 Budget Amendment #6 The City’s biennial 2019-2020 budget was approved by Council as two one-year appropriations. Budget Amendments #1, #2, #3, and #4 amended the budget for calendar year 2019. Budget Amendment #5, which was adopted in November 2019, amended the 2020 budget This amendment will be the sixth budget amendment for the biennium and the second budget amendment for calendar year 2020. The purpose of this amendment is to 1) realign significant revenue sources; 2) carry forward remaining 2019 budget authority for identified programs and costs that were budgeted in 2019 but not completed; 3) adjust capital project budgets as needed; and 4) add budget authority for new programs and other expected changes in 2020. Realign Significant Revenue Sources. This category recognizes changes to revenue budgets to more closely align with expected collections as well as new grant revenues. Total general fund revenue adjustments equal a net increase of $19,200 and include: • Reduce telephone utility tax revenues to reflect a historical decline (−$275,200) • 2020 King County Veterans, Seniors and Human Services levy ($202,400) • Recognize new revenue due to the renegotiation of the Iron Hose Casino promissory note ($57,000) • Other grants ($35,000) Carry forward unspent expenditure spending authority from 2019: This amendment enables the completion of various contracts in 2020 by carrying forward unspent resources at the end of 2019. Note that carry forwards in capital funds are not included in this budget amendment due to the adoption of multi- year capital budget, as approved in Ordinance No. 6682. Total requested carry forwards equal $2,017,740. Significant items requested to be carried forward include: • General Fund – Grant funding to increase residential housing capacity ($200,000); • General Fund – Funding for the Façade Improvement program ($130,000); • General Fund – Budget for homelessness response ($129,300); • General Fund – Funding for Inclusive Auburn program ($108,400); • Fund 328 – Budget for the purchase of the Auburn Avenue Theater ($647,050); and • Fund 431 – Funds for the Large Diameter Pipe Assessment project ($790,300). Page 28 of 73 Adjust capital project budgets. These requests represent changes to project budgets, excluding unspent capital project budgets from 2019 that are automatically carried forward into 2020. Total requested adjustments to capital projects equal $3,801,640. Significant project adjustments included in this budget amendment include: • Fund 105 – 2nd St SE Preservation (cp2003), funded by state transportation grants ($590,250) • Fund 105 – Lea Hill Bridge Deck Preservation (cp2007), funded by federal grants ($547,850) • Fund 105 – 3rd St SW Bridge Deck Preservation (cp2006), funded by federal grants ($523,540) • Fund 102 – M St SE Sidewalk Improvements (cp2012), funded by state transportation grants ($450,000) • Fund 460 – Acquisition of property for Lea Hill Pump Station replacement ($400,000) • Fund 460 – Loop dead end main (cp1619) for 104th Ave Park development ($300,000) • Fund 461 – Sewer Pump Station Electrical Improvements (cp1812) ($950,000) Add budget authority for new programs and other expected changes in 2020.These include requests for increased funding for existing programs and funding requests for new projects or programs. New requests include: • General Fund – Remove non-departmental contra-expenditure ($2,000,000) • General Fund – Adjust Parks budget to reflect new state minimum wage for “intermittent” employees ($85,900) • Fund 119 – Align budget with 2020 Community Development Block Grant award ($289,780) • Fund 560 – Unscheduled purchase of two Police cars, funded by insurance recoveries ($109,000) The following table summarizes the current and revised budget as a result of this amendment. Table 1: 2020 Budget as Amended 2020 Amended Budget $ 349,792,293 Budget Amendment #6 (Ord #6764) 5,916,660 2020 Budget as Amended $ 355,708,953 Attachments:  Ordinance # 6764  Schedule “A” – Summary of 2020 Budget Adjustments by Fund  Schedule “B” – 2020 Appropriations by Fund Page 29 of 73 ------------------------- Ordinance No. 6764 March 30, 2020 Page 1 of 3 ORDINANCE NO. 6764 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6693, THE 2019-2020 BIENNIAL BUDGET ORDINANCE, AS AMENDED BY ORDINANCE NO. 6712, ORDINANCE NO. 6719, ORDINANCE NO. 6720, AND ORDINANCE NO. 6751, 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. 67102 which amended the City of Auburn 2019-2020 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of July 15, 2019, adopted Ordinance No. 6720 (BA#3), which amended Ordinance No. 6719 which amended the City of Auburn 2019-2020 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of December 4, 2019, adopted Ordinances Nos. 6752 (BA#4) and 6751 (BA#5), both of which amended Ordinance No. 6720 which amended the City of Auburn 2019-2020 Biennial budget; and Page 30 of 73 ------------------------- Ordinance No. 6764 March 30, 2020 Page 2 of 3 WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2020 budget as outlined in this Ordinance (BA#6); and WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 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. 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 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 31 of 73 ------------------------- Ordinance No. 6764 March 30, 2020 Page 3 of 3 Section 4. Effective Date. This Ordinance will take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: ____________________________ _______________________________ Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED:__________________ Page 32 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance General Fund (#001) 2020 Adopted Budget 12,394,863 75,249,867 80,586,405 7,058,325 Previous Budget Amendments 2,856,654 1,742,520 298,720 4,300,454 2020 Amended Budget 15,251,517 76,992,387 80,885,125 11,358,779 BA#6 (Ordinance #6764, Proposed):718,800 513,550 3,533,620 (2,301,270) General Fund Revenues: Reduce budgeted telecomm revenues to reflect historical trends - (275,200) - (275,200) Administration Department Carry forward funding for homelessness response 129,300 - 129,300 - Carry forward budget for marketing at industry and business trade shows 20,000 - 20,000 - Carry forward budget for the Buy Local Auburn program 40,000 - 40,000 - Community Development Department: Carry fwd grant funding and expenditures to increase residential capacity - 200,000 200,000 - C/F funds for the AWS/SR18 bridge lighting project and corridor planning 105,000 - 105,000 - C/F funds for the Façade Improvement grant program 130,000 - 130,000 - Carry forward contracted funds for franchise code update 29,000 - 29,000 - Public Works Department Carry forward budget for Local Road Safety Plan 35,000 - 35,000 - Traffic signal pole replacements (insurance funded) and emergency contract - 125,000 141,000 (16,000) Carry forward funds to refresh thermoplastic pavement markings 56,000 - 56,000 - Human Resources Department Carry forward remaining budget for the Inclusive Auburn program 108,400 - 108,400 - Parks Department: King Conservation District grant for Auburn International Farmers Market - 20,000 20,000 - 4Culture grant for historic preservation sustained support - 3,000 3,000 - 4Culture grant for arts re-grant and arts programming - 12,000 12,000 - C/F 2019 King County Veterans, Seniors and Human Services Levy funding - 101,400 101,400 - Adjust budget for seasonal Parks workers to reflect new state minimum wage - - 85,900 (85,900) 2020 King County Veterans, Seniors and Human Services Levy - 202,400 191,420 10,980 Provide services to Pacific re:Senior Resource Hub via VSHSL grant - 67,950 60,100 7,850 ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Page 1 of 7 3/24/2020 5:18 PMPage 33 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Non-Departmental: Adjust budget to reflect new promissory note with Iron Horse Casino - 57,000 - 57,000 Remove contra-expenditure from General Fund budget - - 2,000,000 (2,000,000) Carry forward funding for cyber security management project 35,500 - 35,500 - C/F budget for AutoCAD, BlueBeam, CRM and Password Manager projects 30,600 - 30,600 - Revised 2020 Budget - Fund 001 15,970,317 77,505,937 84,418,745 9,057,509 Arterial Street Fund (#102) 2020 Adopted Budget 1,344,477 3,694,600 3,995,900 1,043,177 Previous Budget Amendments and CIP Carry-Forwards (165,419) 4,455,000 5,075,000 (785,419) 2020 Amended Budget 1,179,058 8,149,600 9,070,900 257,758 BA#6 (Ordinance #6764, Proposed):- 450,000 450,000 - Alloc Transportation Imprvmnts Board grant to M St SE Sidewalk Imprvmnts - 450,000 450,000 - Revised 2020 Budget - Fund 102 1,179,058 8,599,600 9,520,900 257,758 Arterial Street Preservation Fund (#105) 2020 Adopted Budget 1,369,417 3,832,640 3,967,840 1,234,217 Previous Budget Amendments and CIP Carry-Forwards (536,021) 800,000 618,000 (354,021) 2020 Amended Budget 833,396 4,632,640 4,585,840 880,196 BA#6 (Ordinance #6764, Proposed):- 1,606,240 1,661,640 (55,400) Reduce budgeted telecomm revenues to reflect historical trends - (55,400) - (55,400) Allocate Transportation Improvements Board grant to 2nd St SE Preservation - 590,250 590,250 - Allocate federal grant funds to Lea Hill Bridge Deck Preservation (cp2007)- 547,850 547,850 - Alloc federal grant funds to 3rd Street SW Bridge Deck Preservation (cp2006)- 523,540 523,540 - Revised 2020 Budget - Fund 105 833,396 6,238,880 6,247,480 824,796 Drug Forfeiture Fund (#117) 2020 Adopted Budget 233,460 152,000 310,956 74,504 Previous Budget Amendments 71,297 - 14,300 56,997 2020 Amended Budget 304,757 152,000 325,256 131,501 BA#6 (Ordinance #6764, Proposed):- - 104,200 (104,200) Purchase Dragon voice remote dictation software from Federal seizure funds - - 104,200 (104,200) Revised 2020 Budget - Fund 117 304,757 152,000 429,456 27,301 Page 2 of 7 3/24/2020 5:18 PMPage 34 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Housing & Comm Develop Fund (#119) 2020 Adopted Budget 36,458 539,970 539,970 36,458 Previous Budget Amendments 6,446 - - 6,446 2020 Amended Budget 42,904 539,970 539,970 42,904 BA#6 (Ordinance #6764, Proposed):- 289,780 289,780 - Align budget to 2020 CDBG award and action plan - 289,780 289,780 - Revised 2020 Budget - Fund 119 42,904 829,750 829,750 42,904 Parks Construction Fund (#321) 2020 Adopted Budget 365,772 590,100 470,000 485,872 Previous Budget Amendments and CIP Carry-Forwards 120,757 1,311,800 1,311,800 120,757 2020 Amended Budget 486,529 1,901,900 1,781,800 606,629 BA#6 (Ordinance #6764, Proposed):- 758,050 656,790 101,260 Increase King County Parks Levy revenue to reflect current allocation - 111,000 - 111,000 Carry fwd 2019 budget and add additional funds to purchase Auburn Theater - 647,050 656,790 (9,740) Revised 2020 Budget - Fund 321 486,529 2,659,950 2,438,590 707,889 Capital Improvements Fund (#328) 2020 Adopted Budget 7,679,377 2,605,200 3,944,300 6,340,277 Previous Budget Amendments and CIP Carry-Forwards 3,153,110 2,705,900 5,497,000 362,010 2020 Amended Budget 10,832,487 5,311,100 9,441,300 6,702,287 BA#6 (Ordinance #6764, Proposed):647,050 40,000 687,050 - Funding for sewage wet well pump and motors at City Hall (T/F from F505)- 40,000 40,000 - Carry fwd 2019 budget and add additional funds to purchase Auburn Theater 647,050 - 647,050 - Revised 2020 Budget - Fund 328 11,479,537 5,351,100 10,128,350 6,702,287 Page 3 of 7 3/24/2020 5:18 PMPage 35 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Water Fund (#430) 2020 Adopted Budget 5,131,610 16,323,800 14,408,831 7,046,579 Previous Budget Amendments and CIP Carry-Forwards 3,885,549 6,676,400 12,838,066 (2,276,117) 2020 Amended Budget 9,017,159 23,000,200 27,246,897 4,770,462 BA#6 (Ordinance #6764, Proposed):88,000 - 147,000 (59,000) Carry forward funding for cyber security management project 7,000 - 7,000 - Increase budget to reflect impact of new Teamsters' contract - - 39,000 (39,000) Carry forward budget for hydraulic monitoring services 75,000 - 75,000 - Add budget to purchase hydraulic modeling software - - 20,000 (20,000) C/F budget for AutoCAD, BlueBeam, CRM and Password Manager projects 6,000 - 6,000 - Revised 2020 Budget - Fund 430 9,105,159 23,000,200 27,393,897 4,711,462 Sewer Fund (#431) 2020 Adopted Budget 5,528,686 9,394,700 7,777,448 7,145,938 Previous Budget Amendments and CIP Carry-Forwards 1,175,475 - 280,667 894,808 2020 Amended Budget 6,704,161 9,394,700 8,058,115 8,040,746 BA#6 (Ordinance #6764, Proposed):211,250 - 234,150 (22,900) Carry forward funding for cyber security management project 5,600 - 5,600 - Increase budget to reflect impact of new Teamsters' contract - - 22,900 (22,900) Carry forward budget for Large Diameter Pipe Assessment Project 200,850 - 200,850 - C/F budget for AutoCAD, BlueBeam, CRM and Password Manager projects 4,800 - 4,800 - Revised 2020 Budget - Fund 431 6,915,411 9,394,700 8,292,265 8,017,846 Storm Drainage Fund (#432) 2020 Adopted Budget 4,151,402 10,399,200 8,831,070 5,719,532 Previous Budget Amendments and CIP Carry-Forwards 2,148,731 - 280,667 1,868,064 2020 Amended Budget 6,300,133 10,399,200 9,111,737 7,587,596 BA#6 (Ordinance #6764, Proposed):54,640 - 94,040 (39,400) Carry forward funding for cyber security management project 6,400 - 6,400 - Increase budget to reflect impact of new Teamsters' contract - - 39,400 (39,400) Carry forward budget for contracted storm modeling services 42,840 - 42,840 - C/F budget for AutoCAD, BlueBeam, CRM and Password Manager projects 5,400 - 5,400 - Revised 2020 Budget - Fund 432 6,354,773 10,399,200 9,205,777 7,548,196 Page 4 of 7 3/24/2020 5:18 PMPage 36 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Cemetery Fund (#436) 2020 Adopted Budget 264,098 1,187,000 1,343,743 107,355 Previous Budget Amendments 261,627 - - 261,627 2020 Amended Budget 525,725 1,187,000 1,343,743 368,982 BA#6 (Ordinance #6764, Proposed):- - 7,800 (7,800) Increase budget to reflect impact of new Teamsters' contract - - 7,800 (7,800) Revised 2020 Budget - Fund 436 525,725 1,187,000 1,351,543 361,182 Water Capital Fund (#460) 2020 Adopted Budget 2,562,724 2,070,200 4,282,305 350,619 Previous Budget Amendments and CIP Carry-Forwards 992,643 12,457,400 9,926,400 3,523,643 2020 Amended Budget 3,555,367 14,527,600 14,208,705 3,874,262 BA#6 (Ordinance #6764, Proposed):- - 700,000 (700,000) Purchase land for new location for Lea Hill pump station - - 400,000 (400,000) Loop dead end water main at 104th Ave Park development (cp1619)- - 300,000 (300,000) Revised 2020 Budget - Fund 460 3,555,367 14,527,600 14,908,705 3,174,262 Sewer Capital Fund (#461) 2020 Adopted Budget 9,049,491 750,500 1,265,000 8,534,991 Previous Budget Amendments and CIP Carry-Forwards 685,814 - 436,500 249,314 2020 Amended Budget 9,735,305 750,500 1,701,500 8,784,305 BA#6 (Ordinance #6764, Proposed):- - 950,000 (950,000) Increase budget for Sewer Pump Station Electrical Improvements (cp1812)- - 950,000 (950,000) Revised 2020 Budget - Fund 461 9,735,305 750,500 2,651,500 7,834,305 Page 5 of 7 3/24/2020 5:18 PMPage 37 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Facilities Fund (#505) 2020 Adopted Budget 1,050,811 4,034,500 4,115,862 969,449 Previous Budget Amendments 34,743 (20,700) 95,000 (80,957) 2020 Amended Budget 1,085,554 4,013,800 4,210,862 888,492 BA#6 (Ordinance #6764, Proposed):224,300 - 340,500 (116,200) Carry forward budget for JACE 4 upgrades 120,900 - 120,900 - Carry forward budget to replace electrical panels at City Hall 103,400 - 103,400 - Funding for sewage pump and motors and elevator upgrade at City Hall - - 95,000 (95,000) Increase budget to reflect impact of new Teamsters' contract - - 21,200 (21,200) Revised 2020 Budget - Fund 505 1,309,854 4,013,800 4,551,362 772,292 Innovation & Technology Fund (#518) 2020 Adopted Budget 2,564,974 6,724,153 7,182,511 2,106,616 Previous Budget Amendments (76,838) 20,000 - (56,838) 2020 Amended Budget 2,488,136 6,744,153 7,182,511 2,049,778 BA#6 (Ordinance #6764, Proposed):73,700 121,300 275,000 (80,000) Carry forward funding for cyber security management project - 54,500 54,500 - Add budget to produce the quarterly Auburn Magazine - - 80,000 (80,000) Add budget to purchase hydraulic modeling software - 20,000 20,000 - C/F budget for AutoCAD, BlueBeam, CRM and Password Manager projects 73,700 46,800 120,500 - Revised 2020 Budget - Fund 518 2,561,836 6,865,453 7,457,511 1,969,778 Equipment Rental Fund (#550) 2020 Adopted Budget 2,352,641 2,075,495 2,785,735 1,642,401 Previous Budget Amendments 164,875 9,900 103,800 70,975 2020 Amended Budget 2,517,516 2,085,395 2,889,535 1,713,376 BA#6 (Ordinance #6764, Proposed):- - 12,100 (12,100) Increase budget to reflect impact of new Teamsters' contract - - 12,100 (12,100) Revised 2020 Budget - Fund 550 2,517,516 2,085,395 2,901,635 1,701,276 Page 6 of 7 3/24/2020 5:18 PMPage 38 of 73 Schedule A Summary of 2020 Budget Adjustments by Fund Budget Amendment #6 (Ordinance #6764) 2,184 Beg. Fund Balance 2020 Revenues 2020 Expenditures Ending Fund Balance ERROR: Transfers In ≠ Transfers Out ERROR: Detail ≠ Schedule A Equipment Rental Capital Fund (#560) 2020 Adopted Budget 3,302,654 1,594,605 1,331,000 3,566,259 Previous Budget Amendments and CIP Carry-Forwards 14,722 857,500 1,140,000 (267,778) 2020 Amended Budget 3,317,376 2,452,105 2,471,000 3,298,481 BA#6 (Ordinance #6764, Proposed):- - 109,000 (109,000) Adjust budget to reflect unscheduled purchase of two Police vehicles in 2019 - - 109,000 (109,000) Revised 2020 Budget - Fund 560 3,317,376 2,452,105 2,580,000 3,189,481 SKHHP Fund (#654) 2020 Adopted Budget - - - - Previous Budget Amendments 78,250 256,500 312,820 21,930 2020 Amended Budget 78,250 256,500 312,820 21,930 BA#6 (Ordinance #6764, Proposed):- 120,000 120,000 - Carry fwd grant funding and expenditures to increase residential capacity - 120,000 120,000 - Revised 2020 Budget - Fund 654 78,250 376,500 432,820 21,930 Grand Total - All Funds 2020 Adopted Budget 108,311,321 189,050,270 199,654,274 97,707,317 Previous Budget Amendments 17,840,982 34,589,720 46,711,567 5,719,135 2020 Amended Budget 126,152,303 223,639,990 246,365,841 103,426,452 TOTAL BA#5 (Ordinance #6764, Proposed)2,017,740 3,898,920 10,372,670 (4,456,010) Revised 2020 Budget 128,170,043 227,538,910 256,738,511 98,970,442 355,708,953 355,708,953 Page 7 of 7 3/24/2020 5:18 PMPage 39 of 73 Schedule B 2020 Appropriations by Fund Fund 2020 Adopted Budget BA#5 (Ord #6751) CIP Carry Forwards BA#6 (Ord #6764) Total Amendments Revised Budget General Fund (#001)87,644,730 4,599,174 - 1,232,350 5,831,524 93,476,254 Arterial Street Fund (#102)5,039,077 4,109,581 180,000 450,000 4,739,581 9,778,658 Local Street Fund (#103)2,858,880 249,701 - - 249,701 3,108,581 Hotel/Motel Tax Fund (#104)266,121 52,454 - - 52,454 318,575 Arterial Street Preservation Fund (#105)5,202,057 (536,021) 800,000 1,606,240 1,870,219 7,072,276 Drug Forfeiture Fund (#117)385,460 71,297 - - 71,297 456,757 Housing & Comm Develop Fund (#119)576,428 6,446 - 289,780 296,226 872,654 Recreation Trails Fund (#120)78,526 1,550 - - 1,550 80,076 BIA Fund (#121)129,873 940 - - 940 130,813 Cumulative Reserve Fund (#122)10,360,112 33,754 42,200 - 75,954 10,436,066 Mitigation Fees Fund (#124)10,408,687 (69,211) 1,944,100 - 1,874,889 12,283,576 1998 GO Library Bond Fund (#229)- - - - - - City Hall Annex 2010 A&B Bond Fund (#230)1,658,400 - - - - 1,658,400 Local Revitalization 2010 C&D Bond Fund (#231)586,996 3,436 - - 3,436 590,432 SCORE Debt Service Fund (#238)2,117,000 - - - - 2,117,000 LID Guarantee Fund (#249)1,688 15 - - 15 1,703 LID 350 Fund (#275)8,759 (4,956) - - (4,956) 3,803 Golf/Cemetery 2016 Refunding Fund (#276)376,000 19 - - 19 376,019 Parks Construction Fund (#321)955,872 120,757 1,311,800 758,050 2,190,607 3,146,479 Capital Improvements Fund (#328)10,284,577 362,010 5,497,000 687,050 6,546,060 16,830,637 Local Revitalization Fund (#330)- - 290,500 - 290,500 290,500 Water Fund (#430)21,455,410 8,307,683 3,230,666 88,000 11,626,349 33,081,759 Sewer Fund (#431)14,923,386 894,808 280,667 211,250 1,386,725 16,310,111 Storm Drainage Fund (#432)14,550,602 1,868,064 280,667 54,640 2,203,371 16,753,973 Sewer Metro Sub Fund (#433)21,890,667 383,462 - - 383,462 22,274,129 Solid Waste Fund (#434)21,860,569 91,608 - - 91,608 21,952,177 Airport Fund (#435)1,516,440 236,582 - - 236,582 1,753,022 Cemetery Fund (#436)1,451,098 261,627 - - 261,627 1,712,725 Water Capital Fund (#460)4,632,924 9,187,643 3,286,000 - 12,473,643 17,106,567 Sewer Capital Fund (#461)9,799,991 249,314 436,500 - 685,814 10,485,805 Storm Drainage Capital Fund (#462)11,283,288 (1,394,955) 829,800 - (565,155) 10,718,133 Airport Capital Fund (#465)875,305 3,028,414 - - 3,028,414 3,903,719 Cemetery Capital Fund (#466)35,937 (7,685) 380,400 - 372,715 408,652 Insurance Fund (#501)1,791,570 4,456 - - 4,456 1,796,026 Workers' Comp Fund (#503)3,743,973 (963,880) - - (963,880) 2,780,093 Facilities Fund (#505)5,085,311 14,043 - 224,300 238,343 5,323,654 Innovation & Technology Fund (#518)9,289,127 (56,838) - 195,000 138,162 9,427,289 Equipment Rental Fund (#550)4,428,136 174,775 - - 174,775 4,602,911 Equipment Rental Capital Fund (#560)4,897,259 (267,778) 1,140,000 - 872,222 5,769,481 IT Capital Fund (#568)800,697 356,536 661,527 - 1,018,063 1,818,760 Fire Pension Fund (#611)2,236,249 22,922 - - 22,922 2,259,171 SKHHP Fund (#654)- 334,750 - 120,000 454,750 454,750 Cemetery Endowment Fund (#701)1,874,409 56,978 55,400 - 112,378 1,986,787 Total 297,361,591 31,783,475 20,647,227 5,916,660 58,347,362 355,708,953 Page 40 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6765 (Gaub, Comeau, Thomas) Date: March 25, 2020 Department: Public Works Attachments: Ordinance No. 6765 Exhibit A Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Ordinance No. 6765. Background Summary: Ordinance No. 6765 modif ies Chapter 3.10, Purchasing Policy and Chapter 3.12, Public Contracts. The primary purpose of these modif ications are to remove antiquated sections of code that are no longer relevant to how the City processes payments for services as technology advances and to be consistent with best practices and improve processes for contracting. This includes some re-organization of Chapter 3.10 to provide better clarity on requirements for construction contracting and to align sections of code with current state legislation. Rev iewed by Council Committees: Councilmember:Staff:Gaub/Comeau/Thomas Meeting Date:April 6, 2020 Item Number:ORD.B Page 41 of 73 -------------------------------- Ordinance No. 6765 March 16, 2020 Page 1 of 2 Rev. 2019 ORDINANCE NO. 6765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 3.10 AND 3.12 OF THE AUBURN CITY CODE RELATING TO PUBLIC CONTRACTING AND PURCHASING WHEREAS, after reviewing the City Code related to Public Contracting and Purchasing, it is appropriate to amend contract authorization limits consistent with Washington state law; WHEREAS, City staff determined that Sections 3.10 and 3.12 of the Auburn City Code (“ACC”) require updates to the language used for consistency with the remainder of the ACC; WHEREAS, City staff recommend consolidating subsections within former ACC 3.10.025 for clarity; WHEREAS, ACC 3.10.028 is revised to update current City processes for capital projects; WHEREAS, the emergency purchasing authorizations are modified for consistency with Chapters 39.04 and 38.52 RCW; WHEREAS, it is also appropriate to amend the City Code to make it consistent with state law and reflect current City Council practices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapters 3.10 and 3.12 of the Auburn City Code are amended to read as shown in Exhibit A. Page 42 of 73 -------------------------------- Ordinance No. 6765 March 16, 2020 Page 2 of 2 Rev. 2019 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: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 43 of 73 Auburn City Code Page 1 of 13 Ordinance #6765, Exhibit A Chapter 3.10 PURCHASING POLICY Sections: 3.10.010 Purchase order. 3.10.0210 Contract authorization limits. 3.10.0205 Professional and personal servicesContract Amendments. 3.10.026 Public work projects – Contract amendment – Conditions. 3.10.028 Approval of asset and/or system expansions, additions, and betterments. 3.10.029 030 Competitive negotiations. 3.10.030 Administrative procedures authority. 3.10.0450 Emergency purchases – Authorization. 3.10.0560 Sole source purchases of equipment and materials – Authorization. 3.10.010 Purchase order. All payments for city goods and services in excess of $100.00 shall be made only after a purchase order has been duly authorized and approved, unless authorized by city code or written city policy. (Ord. 6528 § 1, 2014; Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.) 3.10.0120 Contract authorization limits. A. The following authorization approval limits shall apply for all city contracts. For contracts with total dollar amounts up to $10,000, authority rests at the department director (or designee) level. All contracts over $10,000, up to $5100,000, and contracts that have been individually and separately listed in the city’s annual budget shall be approved and signed by the mayor (or designee). For all unbudgeted expenditures not individually and separately listed in the city’s annual budget in excess of $5100,000, approval shall be obtained from the mayor and the city council. B. For purposes of this section, a contract is “individually and separately listed” if it is: 1. Expressly identified, in writing, defining or describing the expenditure or project as a line-item in the budget; 2. Identified by express reference to the CFP or TIP project, or other specific project in the budget. C. If a contract does not provide for cash consideration, the responsible department will estimate the value of the contract as if there was cash consideration. Authorization authority will be based on that estimated value. Page 44 of 73 Auburn City Code Page 2 of 13 Ordinance #6765, Exhibit A D. If a contract does not provide for cash consideration, but requires the city to indemnify the other party, the responsible department, in consultation with the risk manager, shall determine the value of the city’s possible indemnification risk. Authorization authority will be based on that estimated value. E. Unless the value is $25,00050,000 or less, or unless required for a budgeted project, or unless otherwise authorized in this code or otherwise expressly authorized by the city council, all contracts that convey an interest in real estate shall be approved by the city council. (Ord. 6679 § 1, 2018; Ord. 6528 § 2, 2014; Ord. 6147 § 1, 2008; Ord. 5778 § 2, 2003; Ord. 5490 § 1, 2000.) 3.10.0205 Professional and personal services.Contract Amendments A. Professional and personal services are those services involving specialized skill, education, and special knowledge. These services include, but are not limited to, architectural, engineering, design services, accounting, art, real estate appraisal, relocation assistance, title abstracts, surveying, soils analysis, and core testing. B. Procurement and administration of such contracts are the responsibility of the mayor or the department director. The mayor/designees may sign professional or personal service contracts in conformity with ACC 2.03.030 and 3.10.020. Except as specified in Section B herein, Council action will be required to authorize amendments to contracts that are either not included in the budget or exceed the approved budget as follows: 1. When the original contract is under $5100,000 and was not included in the budget and the total of the amendment(s) will increase the total contract amount to more than $5100,000. 2. When the original contract is $5100,000 or more and was not included in the budget and the total of the amendment(s) will increase the total contract amount by more than $5100,000 and the amendment(s) are also not budgeted. 3. When the original contract was included in the budget and the total of the amendment(s) to the contract will increase the total contract amount to more than $5100,000 above the amount included in the budget. C. Council action is required for the initial authorization of contracts for on-call services. For contracts solicited for a contract period of up to five years, each on-call contract may be amended by the mayor on an annual basis to extend the contract duration by up to one year for a total duration not to exceed the original solicited contract period and may be amended by the mayor to increase the contract amount by an amount equal to or less than the original contract amount authorized by the city council. Page 45 of 73 Auburn City Code Page 3 of 13 Ordinance #6765, Exhibit A 3.10.026 Public work projects – Contract amendment – Conditions. AB. Construction contracts which have been initially authorized by the city council or the mayor or mayor’s designee may be amended administratively by the mayor/designees by change order, letter of instruction, or other legally appropriate form, up to the total maximum authorized total maximum contract amounts set forth below: 1. Awarded contract amount plus up to 20 percent of authorized contingency for contracts originally awarded for up to $200,000. 2. Awarded contract amount plus up to 15 percent or $40,000 of authorized contingency, whichever is greater, for contracts originally awarded for between $200,000 and $500,000. 3. Awarded contract amount plus up to 10 percent or $75,000 of authorized contingency, whichever is greater, for contracts originally awarded for between $500,000 and $1,000,000. 4. Awarded contract amount plus up to five percent or $100,000 of authorized contingency, whichever is greater, for contracts originally awarded for between $1,000,000 and $5,000,000. 5. Awarded contract amount plus up to two and one-half percent or $250,000 of authorized contingency, whichever is greater, for contracts originally awarded for over $5,000,000. Council approval is required to increase the authorized total maximum contract beyond the limits set forth above. B. If available budget contingency remains after the authorized total maximum contract amount, as defined in subsection A of this section, is reached, additional authorization to increase the total contract amount shall be obtained from the city council. C. No administrative action is authorized, the result of which would be to amend a contract to increase the authorized total maximum contract amount, as defined in subsection A of this section, beyond funds approved by the city council. (Ord. 6679 § 2, 2018; Ord. 6147 § 1, 2008; Ord. 5640 § 1, 2002; Ord. 5525 § 1, 2001, Ord. 5490 § 1, 2000.) 3.10.026 Public work projects – Contract amendment – Conditions. A. Construction contracts which have been initially authorized by the city council or the mayor or mayor’s designee may be amended administratively by the mayor/designees by change order, letter of instruction, or other legally appropriate form, up to the total maximum contract amounts set forth below: 1. Awarded contract amount plus up to 20 percent for contracts originally awarded for up to $200,000. Page 46 of 73 Auburn City Code Page 4 of 13 Ordinance #6765, Exhibit A 2. Awarded contract amount plus up to 15 percent or $40,000, whichever is greater, for contracts originally awarded for between $200,000 and $500,000. 3. Awarded contract amount plus up to 10 percent or $75,000, whichever is greater, for contracts originally awarded for between $500,000 and $1,000,000. 4. Awarded contract amount plus up to five percent or $100,000, whichever is greater, for contracts originally awarded for between $1,000,000 and $5,000,000. 5. Awarded contract amount plus up to two and one-half percent or $250,000, whichever is greater, for contracts originally awarded for over $5,000,000. B. If available budget contingency remains after the authorized total maximum contract amount, as defined in subsection A of this section, is reached, additional authorization to increase the total contract amount shall be obtained from the city council. C. No administrative action is authorized, the result of which would be to amend a contract to increase the authorized total maximum contract amount, as defined in subsection A of this section, beyond funds approved by the city council. (Ord. 6679 § 3, 2018; Ord. 6147 § 1, 2008; Ord. 5525 § 1, 2001.) 3.10.028 Approval of asset and/or system expansions, additions, and betterments. Asset and/or system expansions, additions, and betterments that have been recognized as authorized capital projects exceeding $25,000 in the budget shall be reviewed by the mayor or designee to formally initiate the project prior to a call for bids. (Ord. 6532 § 6, 2014; Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.) 3.10.029030 Competitive negotiations. Competitive negotiations can be used as an alternative to the competitive bidding procedures for the acquisition of electronic data processing and telecommunications systems, energy-saving or energy-related equipment or services, or when it is determined in writing that the use of competitive bidding is neither practicable nor advantageous to the city of Auburn consistent with RCW 39.04.270. “Electronic data processing” includes, but is not limited to, systems which comprise a combination of equipment or units to provide input of source data, and storage and processing of data and output in predetermined form, including a central processing unit (CPU) or main frame. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.) Page 47 of 73 Auburn City Code Page 5 of 13 Ordinance #6765, Exhibit A 3.10.030 Administrative procedures authority. The mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.) 3.10.0450 Emergency purchases – Authorization. A. The mayor is hereby authorized to make emergency purchases or enter into emergency contracts as permitted by RCW 39.04.280 and Chapter 38.52 RCW in unforeseen circumstances beyond the control of the city that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken., such emergencies being: A. In case of any breakage or loss of equipment or in other circumstances in which any necessary service is or is about to be interrupted; B. In cases where the city will suffer loss by following the normal purchases and contract procedures; C. In situations where public health or safety may be jeopardized; D. In other cases as allowed by state law. B. The Mayor will declare an emergency in writing authorizing a purchase or contract without competitive bid or negotiation. The declaration must be entered of record not later than two weeks following the award of the contract. The declaration shall include the factual basis for the emergency purchase or contract, which shall be filed with the City Clerk and open to public inspection. (Ord. 6147 § 1, 2008; Ord. 5525 § 1, 2001.) 3.10.0560 Sole source purchases of equipment and materials – Authorization. The mayor is hereby authorized to waive competitive bidding requirements for purchases of equipment or material when the purchase is limited to a single source of supply as determined by the city engineer, pursuant to RCW 39.04.280. A “single source of supply” shall be is defined as either (A) only one available brand, manufacturing company, or vendor from which the city may purchase the needed material; or (B) city engineer has determined that it is in the public’s best interest to purchase only one particular brand, type, or model of material for maintenance and/or quality performance reasons. (Ord. 6679 § 9, 2018.) Page 48 of 73 Auburn City Code Page 6 of 13 Ordinance #6765, Exhibit A Chapter 3.12 PUBLIC CONTRACTS Sections: 3.12.010 Definitions. 3.12.020 Bid solicitation. 3.12.030 Bid opening. 3.12.040 Rejection of bids. 3.12.050 Disqualification of bidders. 3.12.060 Award. 3.12.070 Contractor’s bond. 3.12.080 Contractor evaluation form. 3.12.090 Small works roster. 3.12.100 Limited public works process. 3.12.110 On-call contracting. 3.12.120 Publication, printing, and notices. For statutory provisions requiring public bidding on certain public contracts of second -class cities, see RCW 35.23.352; for provisions making RCW 35.23.352 applicable to code cities, see RCW 35A.40.200 and 35A.65.010. Prior legislation: 1957 code § 1.30.030; Ords. 3689 and 4327. 3.12.010 Definitions. The following definitions shall apply throughout this chapter: A. “Public work” shall be as defined in RCW 39.04.010, as currently enacted or hereinafter amended. All public work, including maintenance, when performed by contract shall comply with the provisions of Chapter 39.12 RCW. A “public work” shall include all scope of work necessary to result in a complete operating facility. The total scope of work necessary will not be subdivided for the purpose of avoiding public bidding. B. “Contract” shall mean a contract in writing for the execution of public work for a fixed or determinable amount duly awarded in conformance with this code. C. “Improvements” refers to a public work. D. “Responsible bidder” means a contractor who meets the criteria in RCW 39.04.350 and the requirements of ACC 3.12.050. (Ord. 6545 § 1, 2014; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) Page 49 of 73 Auburn City Code Page 7 of 13 Ordinance #6765, Exhibit A 3.12.020 Bid solicitation. A. Formal Advertisement Required. Except as otherwise authorized in Chapters 39.04 and 39.28 RCW or RCW 35.23.352, relating to emergency public works, or other applicable general state law, as now enacted or as hereafter amended, all public work and improvements shall be done by contract pursuant to public notice and call for competitive bids whenever the estimated cost of such public work or improvement, including the cost of materials, supplies, equipment and labor, will exceed the limits for competitive bid as stated in RCW 35.23.352 as now enacted or as hereafter amended, provided the city may use a small works roster pursuant to RCW 35.23.352. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. Where formal bidding is required, a call for bids shall be issued in accordance with the provisions herein before any contract is let for the performance of any public work. B. Formal Advertising Procedures. For projects requiring formal advertisement per this section, a notice of a call for bids, stating the nature of the contract to be let and the time on or before which sealed bids for the same must be filed with the city clerk, shall be given by posting notice thereof on the bulletin board in the lobby of City Hall. The notice shall also be published in the official newspaper, and a newspaper of general circulation most likely to bring responsive bids, at least 13 days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done, where the plans and specifications may be seen or obtained, and a specified hour and date when such bids shall be opened, and that the sealed bids be filed with the city clerk within the time specified therein. The clock within the city clerk’s office shall be the official time used for determining receipt of bids. C. Council Approval. Issuance of solicitations for bids shall require city council consent approval unless the solicitation is for a project identified in the city’s current approved budget at the time of bid solicitation or if the estimated contract amount is within the budget authority of the mayor as provided in Chapter 3.10 ACC. D. For the purposes of determining whether or not bidding contractors must declare the names of subcontractors for certain work based on the amount of the contractor’s expected costs per RCW 39.30.060, the expected costs of the contract shall be the engineer’s estimate of the contract work plus the amount of any work added by addenda to the bid documents, plus any applicable sales tax computed at the rate in place at the time of bid opening. E. For contracts not required to be formally advertised, the city shall issue an invitation to bid, request for quote or other form as determined appropriate by the city engineer. Nonformal advertised contracts may conform to the small works roster or limited public works process described in RCW 39.04.155 or other procurement process as deemed appropriate by the city engineer. (Ord. 6679 § 4, 2018; Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. Formerly 3.12.011 and 3.12.020.) Page 50 of 73 Auburn City Code Page 8 of 13 Ordinance #6765, Exhibit A 3.12.030 Bid opening. A. For contracts utilizing a formal advertisement process per ACC 3.12.020, bids shall be opened and publicly read aloud by the city clerk at the time and location as set forth in the contract advertisement. B. For contracts not utilizing a formal advertisement process, the city engineer shall determine whether a public reading of the bids is required and indicate this in the new invitation to bidders or request for quote documents. (Ord. 6679 § 5, 2018; Ord. 6545 § 1, 2014.) 3.12.040 Rejection of bids. The city shall have the power to reject any or all bids, to determine and to waive any irregularities or informalities that do not materially affect the substance of the bid itself, and to make further calls for bids in the same manner as the original call; or, if in its judgment the project can be done by the city at less cost than the lowest bid submitted, it may do so without making further call for bids or awarding any contract therefor. If no bid is received on the first call, the city may re-advertise and make a second call, or may enter into a contract by negotiation without further calls, or may purchase the supplies, material or equipment and perform such work or improvement with in-house forces. (Ord. 6545 § 1, 2014.) 3.12.050 Disqualification of bidders. A bidder may be deemed not responsible and the proposal rejected, unless contract terms specify otherwise, if: A. The bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.3501(1) as it is now or as amended; or B. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; or C. The bidder, in the opinion of the city, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a requalification of the bidder; or D. An unsatisfactory performance record exists based on past or current contracting work for the city or for others, as judged from the standpoint of conduct of the work; workmanship; or progress; affirmative action; equal employment opportunity practices; termination for cause; of disadvantaged business enterprise, minority business enterprise, or woman’s business enterprise utilization; or E. An unsatisfactory safety record exists based on past or current contracting work; or Page 51 of 73 Auburn City Code Page 9 of 13 Ordinance #6765, Exhibit A F. There is uncompleted work, with the city or others, which in the opinion of the city might hinder or prevent the prompt completion of the work bid upon; or G. The bidder failed to settle bills for labor or materials on past or current contracts, unless there are extenuating circumstances acceptable to the city; or H. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract, unless there are extenuating circumstances acceptable to the city; or I. The bidder is unable, financially or otherwise, to perform the work, in the opinion of the city; or J. A bidder is not authorized to do business in the state of Washington; or K. More than one proposal is submitted for the same project by a bidder under the same or different names; or L. Any other reasons deemed proper by the city. (Ord. 6545 § 1, 2014; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. Formerly 3.12.022.) 3.12.060 Award. For contracts greater than the bid limits as provided in RCW 35.23.352, as now enacted or as hereafter amended, the city council shall award the contract to the lowest responsible bidder. For contracts less than the bid limits provided in RCW 35.23.325, as now enacted or as hereafter amended, the director or designee shall have the authority to award the contract. (Ord. 6679 § 6, 2018; Ord. 6545 § 1, 2014.)Reserved 3.12.070 Contractor’s bond. A. Whenever the city shall contract with any person or corporation to do any work, the city shall require the person or persons with whom such contract is made to make, execute, and deliver to the city clerk a sufficient bond, with a surety company as surety, conditioned that such person or persons shall faithfully perform all the provisions of such contract and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work. Said security company in accordance with RCW 39.08.010 shall be bound by the laws of the state of Washington and subject to the jurisdiction of the state of Washington. The provisions of RCW 39.08.010 through 39.08.030 shall not apply to any money loaned or advanced to any such contractor, subcontractor or other person in the performance of any such work. B. For contracts using the limited public works process, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, Page 52 of 73 Auburn City Code Page 10 of 13 Ordinance #6765, Exhibit A suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project; however, the city shall have the right of recovery against the contractor for any payments made on the contractor’s behalf. The city engineer shall have the authority to waive the payment and performance bond requirements and retainage requirements based on their evaluation of the project and determination of risk. C. On contracts of $150,000 or less, upon request by the contractor, the city may, in lieu of the bond, retain 10 percent of the contract amount for a period of 30 days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and the Department of Labor and Industries, receipt of all affidavits of wages paid for the prime and subcontractors, and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. D. For the purposes of determining the time frame required for notices of claims against retainage and release of retainage, the city engineer shall have the authority to take affirmative action to determine that a contract is complete and to accept the contract work. (Ord. 6679 § 7, 2018; Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. Formerly 3.12.040.) Note: See RCW 39.08.010. 3.12.080 Contractor evaluation form. A. After work is performed by a contractor, the city shall evaluate the contractor’s work performance as to certain criteria but not limited to the following: 1. Progress of the work, including: a. The ability, capacity and skill of the contractor to perform the work; b. Whether the contractor performed the work promptly and within the time specified without delay or interference; 2. Quality of the work; 3. Equipment; 4. Administration/management/supervision; 5. Coordination and control of subcontractors; 6. Whether the contractor provided a safe working environment for their employees and the general public; 7. Whether the contractor stood behind their service or work performed. Page 53 of 73 Auburn City Code Page 11 of 13 Ordinance #6765, Exhibit A B. A copy of the contractor evaluation form will be sent to the contractor and any contractor responses will be added to the evaluation. The contractor evaluation form may be used by the city to determine whether or not the contractor is a responsible bidder who should be considered for further public works projects. The city may also complete evaluations for subcontractors utilizing the same process described herein for contractors and then utilize the subcontractor evaluations to determine bidder responsibility and in determining whether or not to approve a contractor’s request to sublet. (Ord. 6679 § 8, 2018; Ord. 6545 § 1, 2014; Ord. 4924 § 3, 1997. Formerly 3.12.025.) 3.12.090 Small works roster. A. The city need not comply with formal sealed bidding procedures for construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed the current statutory limit in RCW 39.04.155, which includes the costs of labor, material, equipment, and sales and/or use taxes as applicable. Instead, the city may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. B. Number of Small Work Rosters. The city may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. CB. Contractors on Small Works Roster(s). The small works roster shall consist of all responsible contractors who have requested to be on the roster(s), and where required by law are properly licensed or registered to perform contracting work in the state of Washington. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certificates, registrations, bonding, insurance, or other appropriate matters on file with the city as a condition of being placed on a roster or rosters. The city reserves the right to exclude a contractor from the roster if they are deemed to be not responsible or to remove a contractor from the roster at such time as the city becomes aware of specific facts that would deem the contractor to be not responsible. DC. Publication of Small Works Roster. 1. At least once a year, the city shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. 2. The city will utilize the statewide electronic database developed and maintained by the Municipal Research and Services Center of Washington (MRSC Rosters) or successor agency. Page 54 of 73 Auburn City Code Page 12 of 13 Ordinance #6765, Exhibit A ED. Quotations for Small Works Roster Projects. The city shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate small works roster(s) to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010 and 39.04.350, and ACC 3.12.050, as follows: 1. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Quotations may be invited from all appropriate contractors on the appropriate small works roster(s). As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster(s) who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. 3. For the purpose of this section, “equitably distribute” means that the city may not favor certain contractors on the appropriate small works roster(s) over other contractors on the appropriate roster(s) who perform similar services. At the time bids are solicited, the city shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project. 4. A written record shall be made by the city of each contractor’s bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. Formerly 3.12.030, 3.12.032 and 3.12.034.) 3.12.100 Limited public works process. If a work, construction, alteration, repair, or improvement project does not exceed the current statutory limit in RCW 39.04.155(3), the city may award such a contract using the limited public works process. Public works projects awarded under the limited public works process are exempt from the other requirements of the small works process provided under ACC 3.12.090. For limited public works projects, the city shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder, as defined under RCW 39.04.010 and 39.04.350, and ACC 3.12.050. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed Page 55 of 73 Auburn City Code Page 13 of 13 Ordinance #6765, Exhibit A under RCW Title 82 that may be due from the contractor for the limited public works project. However, the city shall have the right of recovery against the contractor for any payments made on the contractor’s behalf. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor’s registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. (Ord. 6545 § 1, 2014; Ord. 5866 § 1, 2004. Formerly 3.12.036.) 3.12.110 On-call contracting. The city may use unit priced contracts as described in RCW 35.23.352 or a job order contractor as described in RCW 39.10.420 and following the procedures as identified in Chapter 39.10 RCW. (Ord. 6545 § 1, 2014.) 3.12.120 Publication, printing, and notices. The city shall comply with the requirements of state law for publication, printing and notices as now exist or hereafter amended and relating to all public printing for the city and the publication of legal notices by the city. (Ord. 6545 § 1, 2014; Ord. 4581 § 2, 1992. Formerly 3.12.050.) Page 56 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5491 (O'Neil) Date: March 31, 2020 Department: Police Attachments: RES 5491 AuburnS ROAddendum Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5491. Background Summary: The City of Auburn and Auburn School District have a signed contract in which the Auburn Police Department provides 3 School Resource Officers to the district. In order to assist with resources for that position, the School District has agreed to provide the City of Auburn/Police Department with a vehicle for each of f icer. This agreement is a onetime purchase and there are no replacement costs built into this proposal. At the end of the service life for these vehicles, the Auburn School District and the City of Auburn will revisit this topic based on trends and the status of the School Resource Program at that time. Rev iewed by Council Committees: Councilmember:Staff:O'Neil Meeting Date:April 6, 2020 Item Number:RES.A Page 57 of 73 -------------------------------- Resolution No. 5491 March 30, 2020 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5491 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN SCHOOL DISTRICT RELATED TO LAW ENFORCEMENT SERVICES WHEREAS, on April 11, 2019, the City of Auburn entered into an Agreement with Auburn School District No. 408 (School District) for School Resource Officer services to include three Auburn Police Department Officers to serve as school resource officers as well as a one-time contribution to the vehicle fleet; and WHEREAS, the parties would like to amend the agreement to allow the School District to provide one-time compensation for the purchase of equipment designated for the School Resource Officer and that will become the property of the City of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute Amendment No. 1 to the Agreement between the City and Auburn School District No. 408 relating to law enforcement services, which Amendment will be in substantial conformity with the Amendment attached as Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 58 of 73 -------------------------------- Resolution No. 5491 March 30, 2020 Page 2 of 2 Rev. 2019 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 59 of 73 Page 60 of 73 Page 61 of 73 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5505 (Gaub) Date: March 24, 2020 Department: Public Works Attachments: Res olution No. 5505 Exhibit A Vicinity Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5505. Background Summary: Resolution No. 5505 authorizes the Mayor to execute an interlocal agreement with the City of Algona establishing a contractual relationship governing the provision of water and sewer utility service for several properties located along the boundaries between Auburn and Algona’s utility service areas. The City of Algona approved this interlocal agreement on March 9, 2020. Background Summary: As development occurred along the boundary between the Cities of Auburn and Algona in the 1990s, there were several cases where, for convenience and availability, buildings located in one city were connected to sewer lines owned and maintained by the other city. As a result, provision of sewer service, provision of water service, jurisdictional location of the properties, and billing for utility services have been inconsistent. The 3 properties along Boundary Boulevard (see the attached map) lie within the city limits of Algona, receive their water f rom Algona’s water system, but are connected to Auburn’s sewer main located in Boundary Boulevard. I nf rastructure in that area had been constructed as part of a large development, parts of which were in Algona, and parts of which were in Auburn. There was never a formal agreement between the two cities describing the provision of utility service to the properties. Since their construction, the City of Algona has billed the properties f or both water and sewer service. The 3 properties along W est Valley Highway (see map) lie within the city limits of Auburn but are connected to the City of Algona’s sewer main. At the time that 1611 West Valley Highway was developed, the only sewer line available west of SR-167 belonged to Algona, so the cities entered into an agreement to allow Algona to serve several parcels in that area and three buildings were ultimately connected to those lines. Subsequently, when a large development occurred on the hill west of these parcels, Algona’s system was unable to provide service to it, so that developer extended City of Auburn sewer through the area as Page 62 of 73 shown on the map, making it available f or connection to all of these properties. Billing for sewer service for these parcels has been inconsistent, with Auburn currently billing two of the parcels f or sewer, while Algona billing one. Auburn currently provides and bills for water service for all of these parcels. Both Cities staff considered re-connection of the properties to the sewer lines owned by their respective jurisdictions, but determined that that effort would be unnecessary and an inefficient use of resources, as neither city was experiencing capacity or maintenance issues caused by these connections. Alternatively, staff determined that a f ormal agreement specifying the service and billing responsibilities of each city would be ef f icient and would provide a clear understanding between the cities. The effect of this proposed agreement will be to establish a billing and services arrangement that is practical and equitable between the cities. Since the sets of parcels are similar in size and water/sewer use, it is practical for Algona to continue to bill the Boundary Boulevard properties f or both water and sewer, and f or Auburn to bill the WVH properties for both water and sewer. The agreement does make provision f or periodic reviews of water usage data to ensure that the “trade” of sewer service areas remains comparable. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:April 6, 2020 Item Number:RES.B Page 63 of 73 -------------------------------- Resolution No. 5505 4/6/2020 Page 1 of 3 Rev. 2018 RESOLUTION NO. 5505 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT CONCERNING WATER AND SEWER UTILITY SERVICE, BILLING, AND COLLECTION WHEREAS, both Algona and Auburn (each a “Party” and collectively “the Parties”) are “public agencies” as defined by Chapter 39.34 RCW, and are authorized by that statute to cooperate on a basis of mutual advantage in order to provide for services and facilities; WHEREAS, Algona owns and operates a water utility (“Algona Water System”) and a sanitary sewer utility (“Algona Sewer System”), which collectively provide water and sewer service to customers located within Algona’s utility service area(s); WHEREAS, Auburn owns and operates a water utility (“Auburn Water System”) and a sanitary sewer utility (“Auburn Sewer System”), which collectively provide water and sewer service to customers located within Auburn’s utility service area(s); WHEREAS, there are three parcels located within the City limits of Auburn at 1611 West Valley Highway S (APN 2321049039), 1743 West Valley Highway S (APN 3751600709) and 1929 West Valley Highway S (APN 3751600711) (collectively, “West Valley Parcels”) that are connected to and served by the Auburn Water System, but are also connected to and served by the Algona Sewer System; WHEREAS, there are four parcels located within the City limits of Algona at 502 Boundary Boulevard (APN 0301510060), 512 Boundary Boulevard (APN 0301510120), 1196 Industry Drive N (APN 0301510190) and a vacant parcel located between 502 and 512 Boundary Boulevard (APN 0301510100) (collectively, “Boundary Boulevard Parcels”) Page 64 of 73 -------------------------------- Resolution No. 5505 4/6/2020 Page 2 of 3 Rev. 2018 that are connected to and served by the Algona Water Utility, but are also connected to and served by the Auburn Sewer System; WHEREAS, the dissociation between the water and sewer service connections for the West Valley Parcels and Boundary Boulevard Parcels is longstanding and of uncertain origin; WHEREAS, to the best of the Parties’ mutual belief and understanding, said dissociation may have resulted from various factors, including without limitation the timing of annexation, development and/or utility connection of the underlying properties; WHEREAS, the water and sewer utility usage of the West Valley Parcels has historically been roughly equivalent to the water and sewer utility usage of the Boundary Boulevard Parcels; WHEREAS, each Party’s billing and collection for sanitary sewer service usage is based primarily upon water usage, such that each Party may approximately measure, bill and collect for a customer’s sewer utility service by measuring the volume of water service provided to that customer; WHEREAS, the significant expense of connecting the West Valley Parcels to the Auburn Sewer System, and of connecting the Boundary Boulevard Parcels to the Algona Sewer System, would be greatly disproportionate to the practical benefits resulting from such connection, which would be nominal; WHEREAS, the Parties are currently evaluating permanent options to address the issue of water and sewer utility service for the West Valley Parcels and Boundary Boulevard Parcels and will continue to engage in discussions regarding the same as the Page 65 of 73 -------------------------------- Resolution No. 5505 4/6/2020 Page 3 of 3 Rev. 2018 lines require repair or replacement or as development in the respective area(s) occurs; and WHEREAS, as an interim approach, the Parties mutually desire to simplify the billing relationships and to contractually define their respective rights, obligations costs and liabilities regarding the provision of water and sewer utility service to the West Valley Parcels and the Boundary Boulevard Parcels while a permanent solution is identified and implemented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an interlocal agreement with the City of Algona, 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 _________________, 2020. CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 66 of 73 1 EXHIBIT A TO RESOLUTION 5505 INTERLOCAL COOPERATION AGREEMENT CONCERNING WATER AND SEWER UTILITY SERVICE, BILLING AND COLLECTION Page 67 of 73 Interlocal Cooperation Agreement Concerning Water and Sewer Utility Service, Billing, and Collection. 2 INTERLOCAL COOPERATION AGREEMENT Water and Sewer Utility Service, Billing and Collection THIS INTERLOCAL COOPERATION AGREEMENT (“Agreement”) is entered into as of __________, 2020 (“Effective Date”) by and between the City of Algona, Washington (“Algona”) and the City of Auburn, Washington (“Auburn”), both municipal corporations organized under the laws of the State of Washington, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. Recitals A. Both Algona and Auburn (each a “Party” and collectively “the Parties”) are “public agencies” as defined by Chapter 39.34 RCW, and are authorized by that statute to cooperate on a basis of mutual advantage in order to provide for services and facilities. B. Algona owns and operates a water utility (“Algona Water System”) and a sanitary sewer utility (“Algona Sewer System”), which collectively provide water and sewer service to customers located within Algona’s utility service area(s). C. Auburn owns and operates a water utility (“Auburn Water System”) and a sanitary sewer utility (“Auburn Sewer System”), which collectively provide water and sewer service to customers located within Auburn’s utility service area(s). D. There are three parcels located within the City limits of Auburn at 1611 West Valley Highway S (APN 2321049039), 1743 West Valley Highway S (APN 3751600709) and 1929 West Valley Highway S (APN 3751600711) (collectively, “West Valley Parcels”) that are connected to and served by the Auburn Water System, but are also connected to and served by the Algona Sewer System. E. There are four parcels located within the City limits of Algona at 502 Boundary Boulevard (APN 0301510060), 512 Boundary Boulevard (APN 0301510120), 1196 Industry Drive N (APN 0301510190) and a vacant parcel located between 502 and 512 Boundary Boulevard (APN 0301510100) (collectively, “Boundary Boulevard Parcels”) that are connected to and served by the Algona Water Utility, but are also connected to and served by the Auburn Sewer System. F. The dissociation between the water and sewer service connections for the West Valley Parcels and Boundary Boulevard Parcels is longstanding and of uncertain origin. To the best of the Parties’ mutual belief and understanding, said dissociation may have resulted from various factors, including without limitation the timing of annexation, development and/or utility connection of the underlying properties. G. The water and sewer utility usage of the West Valley Parcels has historically been roughly equivalent to the water and sewer utility usage of the Boundary Boulevard Parcels. H. Each Party’s billing and collection for sanitary sewer service usage is based primarily upon water usage, such that each Party may approximately measure, bill and collect for a customer’s sewer utility service by measuring the volume of water service provided to that customer. Page 68 of 73 Interlocal Cooperation Agreement Concerning Water and Sewer Utility Service, Billing, and Collection. 3 I. The significant expense of connecting the West Valley Parcels to the Auburn Sewer System, and of connecting the Boundary Boulevard Parcels to the Algona Sewer System, would be greatly disproportionate to the practical benefits resulting from such connection, which would be nominal. J. The Parties are currently evaluating permanent options to address the issue of water and sewer utility service for the West Valley Parcels and Boundary Boulevard Parcels and will continue to engage in discussions regarding the same as the lines require repair or replacement or as development in the respective area(s) occurs. K. As an interim approach, the Parties mutually desire to simplify the billing relationships and to contractually define their respective rights, obligations costs and liabilities regarding the provision of water and sewer utility service to the West Valley Parcels and the Boundary Boulevard Parcels while a permanent solution is identified and implemented. NOW, THEREFORE, in consideration of the mutual benefits set forth herein, and other good and sufficient consideration the receipt and sufficiency of which are mutually acknowledged, including without limitation the public interest, the Parties hereby agree as follows: Terms Section 1. Authority and Purpose. This Agreement is executed pursuant to Chapter 39.34 RCW as a cooperative endeavor of the Parties. The purpose of this Agreement is to establish a contractual relationship governing the provision of water and sewer utility service for the West Valley Parcels and the Boundary Boulevard Parcels, and to set forth the Parties’ respective rights, obligations, costs and liabilities regarding this undertaking. This Agreement shall be reasonably construed in furtherance of said purpose. Section 2. West Valley Parcels—Connection, Service, Billing and Collection. 2.1 Connection and Service. The West Valley Parcels shall remain connected to and served by the Auburn Water System and the Algona Sewer System. 2.2 Billing and Collection. Auburn shall be exclusively responsible for billing and collecting utility payments from the West Valley Parcels for both water and sewer utility service pursuant to Auburn’s adopted utility rate schedule(s). Auburn shall maintain accurate records of water and sewer usage, billing and payments with respect to the West Valley Parcels, but shall not be required to remit any such payments to Algona except as expressly set forth in this Agreement. Section 3. Boundary Boulevard Parcels—Connection, Service, Billing and Collection. 3.1 Connection and Service. The Boundary Boulevard Parcels shall remain connected to and served by the Algona Water System and the Auburn Sewer System. 3.2 Billing and Collection. Algona shall be exclusively responsible for billing and collecting utility payments from the Boundary Boulevard Parcels for both water and sewer utility service pursuant to Algona’s adopted utility rate schedule(s). Algona shall maintain accurate records of water and sewer usage, billing and payments with respect to the Boundary Boulevard Parcels, but shall not be required to remit any such payments to Auburn except as expressly set forth in this Agreement. Section 4. Inspection Rights; Annual Review. Page 69 of 73 Interlocal Cooperation Agreement Concerning Water and Sewer Utility Service, Billing, and Collection. 4 4.1 Inspection Rights. Each Party shall, upon written request, promptly provide the other Party with access to and copies of its utility billing records for the West Valley Parcels and the Boundary Boulevard Parcels. 4.2 Annual Review. Upon the request of Algona, Auburn shall provide to Algona a written summary of the water and sewer utility billing and collection records of the West Valley Parcels for the preceding year. Upon the request of Auburn, Algona shall provide a written summary of the water and sewer utility billing and collection records of the Boundary Boulevard Parcels for the preceding year. Upon receipt of the above-referenced written summaries, the Parties shall confer as deemed mutually appropriate to determine whether to continue, terminate or amend this Agreement. Section 5. Ownership, Regulation Operation, Maintenance and Repairs. Except as otherwise expressly provided herein, nothing in this Agreement shall be construed as altering or otherwise modifying the Parties’ respective rights, duties, obligations and liabilities concerning their respective water and sewer utility systems. Without limitation of the foregoing: Auburn shall own and remain exclusively responsible for all regulation, operation, maintenance and repairs of the Auburn Water System and the Auburn Sewer System, and (ii) Algona shall own and remain exclusively responsible for all regulation, operation, maintenance and repairs of the Algona Water System and the Algona Sewer System. Section 6. Meter Removal. Algona may in its sole discretion remove or otherwise decommission Algona’s utility service meters for any or all of the West Valley Parcels. Algona agrees to provide at least five business days’ notice to Auburn of any meter removal or decommissioning. Section 7. Term. This Agreement shall be in force as of the Effective Date written above following mutual execution by the Parties, and shall remain in effect for ten (10) years thereafter (“Term”), unless terminated earlier in accordance with Section 8. The Parties may at their option extend the Term for one or more mutually agreed upon periods through a writing signed by both Parties. Section 8. Termination. Either Party may terminate this Agreement with or without cause by providing the other Party with one hundred and eighty (180) days written notice of its intent to terminate. Section 9. Administration; No Separate Entity Created. The Algona Public Works Director and the Auburn Public Works Director shall serve as joint administrators of this Agreement. No separate legal entity is formed hereby. Section 10. Property Acquisition, Retention and Disposition. No joint acquisition of real or personal property is contemplated by this Agreement. Except as provided in this section, any other real or personal property acquired by a Party shall remain within the sole and exclusive ownership and control of that Party following the termination or expiration of this Agreement. Section 11. Indemnification. Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and volunteers harmless from and against any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the first Party in its performance of this Agreement. Without prejudice to the foregoing, it is expressly understood that each Party’s obligations under this section shall include exclusive responsibility for any claims, injuries, damages, losses or suits arising out of or otherwise relating to the content and validity of that Party’s codes, ordinances and regulations, and that the other Party, its officers, officials, employees and volunteers shall have no liability or responsibility whatsoever therefore. Page 70 of 73 Interlocal Cooperation Agreement Concerning Water and Sewer Utility Service, Billing, and Collection. 5 It is further specially and expressly understood that the indemnification provided herein constitutes each Party’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. Section 12. Governing Law and Venue; Attorneys’ Fees. This Agreement shall be governed by the laws of the State of Washington. The venue for any action arising out of this Agreement shall be the Superior Court for King County, Washington. The substantially prevailing Party in any such action shall be entitled to an award of its reasonable attorneys’ fees. Section 13. No Employment Relationship Created. The Parties agree that nothing in this Agreement shall be construed as creating an employment relationship between Algona and any employee, agent, representative or contractor of Auburn, or between Auburn and any employee, agent, representative or contractor of Algona. Section 14. Notices. Notices to Algona shall be sent to the following address: City of Algona Attn: Public Works Director 200 Washington Blvd. Algona, WA 98001 Notices to Auburn shall be sent to the following address: City of Auburn Attn: Public Works Director 25 W. Main Street Auburn, WA 98001 Section 15. Duty to File or Post Agreement. Prior to this Agreement’s entry into force, Auburn shall, pursuant to RCW 39.34.040, (1) file this Agreement with the King County Auditor’s Office, or (2) list this Agreement by subject on Auburn’s internet web site. Section 16. Integration. This document, together with any exhibits thereto, constitutes the entire embodiment of the contract between the Parties, and, unless modified in writing by an amendment signed by the Parties hereto, shall be implemented exclusively as described above. All oral agreements and understandings between the Parties related to the subject matter hereof shall be deemed superseded by this Agreement and shall hereinafter be null and void. Section 17. No Third-Party Beneficiary Created. This Agreement is executed for the sole and exclusive benefit of the signatory Parties. Nothing in this Agreement, whether expressed or implied, is intended to confer any right, remedy or other entitlement upon any person other than the Parties hereto, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party, nor shall any provision herein give any third party any right of action against any party hereto. Page 71 of 73 Interlocal Cooperation Agreement Concerning Water and Sewer Utility Service, Billing, and Collection. 6 Section 18. Signatory Warranty. Each signatory hereto warrants and represents that he/she has been authorized to execute this Agreement by appropriate action of the legislative body of his/her respective city. Section 19. Execution in Counterparts. This Agreement may be executed in separate counterparts. Section 20. Regulatory Authority Reserved. Nothing herein shall be construed as waiving, limiting or otherwise abridging in any manner regulatory authority of either party, which Algona and Auburn each hereby expressly reserve in full. EXECUTED this _____ day of ________________, 2020. CITY OF ALGONA CITY OF AUBURN Dave Hill, Mayor Nancy Backus, Mayor ATTEST/AUTHENTICATED ATTEST/AUTHENTICATED Jennifer Garnica, City Clerk Shawn Campbell, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM Algona City Attorney Auburn City Attorney Page 72 of 73 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 Auburn-Algona Sewer Agreement 1in =667 ft 3/19/2020Printed 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 73 of 73