HomeMy WebLinkAbout02-01-2021 CITY COUNCIL AGENDACity Council Meeting
February 1, 2021 - 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 .V IRT UAL PART IC I PAT I O N L I NK
1.Virtual Participation L ink
T he A uburn City Council Meeting scheduled f or Monday, F ebruary 1, 2021 at
7:00 p.m. will be held virtually and telephonically. To attend the meeting virtually
please click the link or enter the meeting I D into the Z oom app or call into the
meeting at the phone number listed below.
P er Governor I nslee's E mergency Proclamation 20-28 and Healthy Washington -
Roadmap to Recovery plan, the City of Auburn is prohibited f rom holding in-
person meetings at this time.
City of Auburn R esolution No. 5581, designates City of A uburn meeting locations
f or all R egular, Special and S tudy Session Meetings of the C ity C ouncil and of the
Committees, B oards and Commissions of the City as Virtual L ocations until
Washington’s Governor authorizes local governments to conduct in-person
meetings.
T he link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iP ad, iP hone or Android device:
P lease click this UR L to join. https://zoom.us/j/91313873945
O r join by phone:
253 215 8782
877 853 5257 (Toll F ree)
Webinar I D : 913 1387 3945
A.P ledge of Allegiance
B.Roll Call
Page 1 of 50
I I I .AP P O INT M E NT S
A.J unior City Council
C ity C ouncil to appoint J anine P ark to the J unior C ity Council for a two year term to
expire August 31, 2022
(RE C O M M E ND E D AC T IO N: M ove to appoint J anine P ark to the J unior City
C ouncil for a two year term to expire August 31, 2022.)
B.A rts C ommission
C ity C ouncil to appoint Trisenda Mayfield to the Arts Commission f or a three year term
to expire D ecember 31, 2023
(RE C O M M E ND E D AC T IO N: M ove to appoint T risenda M ayfield to the Arts
C ommission for a three year term to expire D ecember 31, 2023.)
I V.AG E ND A M O D I F IC AT I O NS
V.NE W B US INE S S
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 can submit written comments via mail, fax or email. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
P lease mail comments to:
City of Auburn
A ttn: S hawn Campbell, C ity C lerk
25 W Main St
A uburn, W A 98001
P lease fax comments to:
A ttn: S hawn Campbell, C ity C lerk
F ax number: 253-804-3116
E mail comments to:
publiccomment@auburnwa.gov
Page 2 of 50
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 J anuary 19, 2021 Regular Council Meeting
B.C laim Vouchers (T homas)
C laim voucher list dated February 1, 2021 which includes voucher numbers 462342
through 462472 in the amount of $2,572,640.99 and three wire transfers in the amount
of $756,175.43
C .P ayroll Vouchers (Thomas)
P ayroll check numbers 539101 through 539105 in the amount of $534,839.21, and
electronic deposit transmissions in the amount of $2,134,361.06, for a grand total of
$2,669,200.27 for the period covering J anuary 13, 2021 to J anuary 26, 2021
(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 .O RD I NANC E S
A.A mended Ordinance No. 6810 (G aub)
A mended Ordinance No. 6810 vacating Right-of -Way of the alley north of A uburn Way
S outh between D ogwood St S E and F ir St S E
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6810.)
B.Ordinance No. 6813 (Tate)
A n O rdinance relating to fire codes and amending Section 15.36A.051 of the A uburn
C ity C ode
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6813.)
X I .RE S O L UT IO NS
A.R esolution No. 5582 (Martinson)
A R esolution authorizing the Mayor to execute an interlocal agreement between the
C ity of A uburn and K ing County f or District Court S ervices
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5582.)
Page 3 of 50
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 ti me the Mayor and City Council may report on significant i tems associated with
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 I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
Page 4 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 19, 2021 Regular Council Meeting
Date:
January 20, 2021
Department:
City Council
Attachments:
01-19-2021 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:February 1, 2021 Item Number:CA.A
Page 5 of 50
City Council Meeting
J anuary 19, 2021 - 7:00 P M
Virtual
MINUT E S
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 .V IRT UAL PART IC I PAT I O N L I NK
1.Virtual Participation L ink
T he C ity C ouncil Meeting was held virtually.
A.P ledge of Allegiance
Mayor Nancy B ackus called the meeting to order at 7:00 p.m. and led
those in attendance in the P ledge of Allegiance.
B.Roll Call
C ouncilmembers virtually present: Deputy Mayor C laude DaC orsi, Bob
B aggett, L arry B rown, J ames J eyaraj, R obyn Mulenga, C hris Stearns and
Yolanda Trout-Manuel.
Mayor Nancy B ackus and the f ollowing department directors and staff
members attended the meeting virtually: City Attorney Kendra C omeau,
D irector of P ublic Works I ngrid Gaub, Director of C ommunity
D evelopment J ef f Tate, Director of F inance J amie Thomas, D irector of
P arks, Arts, and Recreation D aryl F aber, Real Property A nalyst J osh
A rndt, D irector of I nnovation and Technology David Travis, A ssistant
D irector of I nnovation and Technology Ashley Riggs, I nnovation and
Technical S upport Specialist Danika Olson, Chief of Police D an O’Neil,
and D eputy C ity C lerk Teresa Mattingly.
I I I .AG E ND A M O D I F IC AT I O NS
I tem I X .C , Ordinance No. 6811 was removed from the agenda.
I V.NE W B US INE S S
There was no new business.
Page 1 of 6Page 6 of 50
V.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
1.Virtual Participation
2.P ublic Hearing for T I P Modif ications (Gaub)
City Council to conduct a P ublic Hearing to consider the modif ication of the 2021-
2026 Transportation I mprovement P rogram
Mayor Backus opened the P ublic Hearing f or the T I P Modif ications at
7:02 p.m. T here were no public comments received, she closed the
hearing.
3.P ublic Hearing for Right-of -Way Vacation No. V2-20
(G aub)
City Council to conduct a P ublic Hearing to consider R ight-of-Way Vacation No.
V 2-20
Mayor Backus opened the P ublic Hearing f or Right-of-Way Vacation
No. V2-20 at 7:03 p.m. T here was one public comment received. She
closed the public hearing at 7:04 p.m.
O ne comment was received via Z oom. The Mayor reviewed how
to submit comments per the P ublic Hearing Notice and the Council
A genda.
B rian Elliott, S quare One Consultants
Mr. Elliott described the Muckleshoot I ndian Tribes goals and
conditions for the project.
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
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman expressed his concern with safety standards in the
C ity of A uburn.
C .C orrespondence
There was no correspondence f or Council to review.
Page 2 of 6Page 7 of 50
V 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)
Councilmember B aggett, Chair of the F inance ad hoc committee, reported he and
Councilmember S tearns have reviewed the claims and payroll vouchers
described on the C onsent A genda this evening and recommended their approval.
V 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 J anuary 4, 2021 R egular C ouncil Meeting
B.Minutes of the J anuary 11, 2021 S tudy Session
C .C laim Vouchers (T homas)
C laim voucher list dated J anuary 19, 2021 which includes voucher numbers 462123
through 462293 in the amount of $3,590,726.91 and two wire transfers in the amount of
$443,532.02
C laim voucher list dated J anuary 19, 2021 which includes voucher numbers 462294
through 462341 in the amount of $3,575,062.58 and three wire transfers in the amount
of $601,461.74
D .P ayroll Vouchers (Thomas)
P ayroll check numbers 539083 through 539100 in the amount of $79,616.65, and
electronic deposit transmissions in the amount of $2,280,230.14, for a grand total of
$2,359,846.79 for the period covering D ecember 30, 2020 to J anuary 12, 2020
D eputy Mayor DaC orsi 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 I NI S HE D B US I NE S S
There was no unfinished business.
Page 3 of 6Page 8 of 50
I X.O RD I NANC E S
A.Ordinance No. 6809 (Tate)
A n O rdinance amending Section 18.36.020 of the A uburn C ity C ode (A C C ) by adding
back S ubsection B ‘S ite Plan A pproval’
C ouncilmember Trout-Manuel moved and C ouncilmember B rown
seconded to adopt Ordinance No. 6809.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B.Ordinance No. 6810 (Gaub)
A n O rdinance granting Right-of -Way Vacation No. V2-20
C ouncilmember Stearns moved and Councilmember J eyaraj seconded to
adopt O rdinance No. 6810.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X .RE S O L UT IO NS
A.R esolution No. 5573 (T homas)
A R esolution relating to the A uburn F ood B ank’s operation of the Daytime R esource
C enter and authorizing the Mayor to negotiate, administer, and execute an agreement
with the A uburn F ood Bank
C ouncilmember Brown moved and Councilmember Mulenga seconded to
adopt Resolution No. 5573.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B.R esolution No. 5574 (T homas)
A R esolution relating to the A uburn F ood B ank’s operation of the Night Shelter and
authorizing the Mayor to negotiate, administer, and execute an agreement with the
A uburn F ood B ank
C ouncilmember Baggett moved and C ouncilmember J eyaraj seconded to
adopt Resolution No. 5574.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
C .R esolution No. 5576 (Gaub)
A R esolution approving and adopting the modification of the 2021-2026 Transportation
I mprovement Program to address recent grant awards
C ouncilmember D aCorsi moved and C ouncilmember Stearns seconded
to adopt R esolution No. 5576.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
Page 4 of 6Page 9 of 50
D .R esolution No. 5578 (Gaub)
A R esolution authorizing the Mayor to accept a state grant from the Washington State
D epartment of Transportation (W S D O T ) in the amount of $414,000 for the High
Friction Surface Treatment P roject
C ouncilmember J eyaraj moved and C ouncilmember Stearns seconded to
adopt Resolution No. 5578.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
E.R esolution No. 5579 (Gaub)
A R esolution authorizing the Mayor to enter into an easement agreement with Puget
S ound E nergy, I nc.
C ouncilmember Stearns moved and Councilmember B rown seconded to
adopt Resolution No. 5579.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
F.R esolution No. 5580 (Hinman)
A R esolution authorizing the Mayor to negotiate and execute an airport land lease
agreement with MD 500 Development, L L C .
C ouncilmember J eyaraj moved and C ouncilmember Mulenga seconded to
adopt Resolution No. 5580.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
G.R esolution No. 5581 (C omeau)
A R esolution temporarily designating the locations for Regular, S pecial and Study
S ession Meetings of the City C ouncil and of the C ommittees, B oards and
C ommissions of the City as Virtual L ocations until Washington’s Governor authorizes
local governments to conduct in-person meetings
D eputy Mayor DaC orsi moved and Councilmember Trout-Manuel
seconded to adopt R esolution No. 5581.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X 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
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
D eputy Mayor DaC orsi reported he attended the Growth Management
P olicy B oard meeting, the S ound Cities Association meeting, and was
reappointed to the National L eague of C ities C ommunity E conomic
D evelopment Committee.
Page 5 of 6Page 10 of 50
C ouncilmember Trout-Manuel reported she was reelected to the Human
D evelopment Committee with the National L eague of Cities and as Vice-
C hair to the Hispanic Elected L ocal Officials (HE L O) Committee.
C ouncilmember Stearns reported he was appointed to the S ound C ities
A ssociation R egional Water Quality Committee and he attended the
National L eague of Cities I ndigenous Municipal Officials meeting.
B.Fr om the M ayor
Mayor B ackus reported there have been numerous meetings going on
regarding homelessness response.
X I I .AD J O URNM E NT
There being no further business to come bef ore the Council, the meeting
was adjourned a 7:33 p.m.
A P P R O V E D this 1st day of F ebruary, 2021.
__________________________ ____________________________
NA NC Y B A C K US , MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
Page 6 of 6Page 11 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
January 26, 2021
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated February 1, 2021 which includes voucher numbers 462342 through
462472 in the amount of $2,572,640.99 and three wire transfers in the amount of
$756,175.43.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:February 1, 2021 Item Numb er:CA.B
Page 12 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
January 26, 2021
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539101 through 539105 in the amount of $534,839.21, and
electronic deposit transmissions in the amount of $2,134,361.06, for a grand total of
$2,669,200.27 for the period covering January 13, 2021 to January 26, 2021.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:February 1, 2021 Item Numb er:CA.C
Page 13 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Amended Ordinance No. 6810 (Gaub)
Date:
January 25, 2021
Department:
Public Works
Attachments:
Ordinance No. 6810
Exhibit A
Exhibit B
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6810.
Background Summary:
Ordinance No. 6810 approved Right-of-W ay Vacation No. V2-20 f or the Muckleshoot
Development Corporation for vacation of the right-of -way of the Alley located north of Auburn
Way South, between Dogwood St SE and Fir St SE. City Council approved Ordinance No.
6810 at the January 19, 2021 City Council Meeting. City Staff subsequently realized that the
provisions of Section 1, Paragraph A which reserves an access easement for the parcels to
the north of the vacated area did not list all of the parcels for which the easement is required
and one parcel was listed twice. Parcel No. 2599000050 was not listed and Parcel No.
2599000030 was listed twice. Ordinance No. 6810 has been amended to show the correct
parcel numbers.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:February 1, 2021 Item Number:ORD.A
Page 14 of 50
- - - - - - - - - - - - - - - - -
Amended Ordinance No. 6810
ROW Vacation V2-20
January 4, 2021
Page 1 of 6
AMENDED ORDINANCE NO. 6810
AN AMENDED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-
OF-WAY OF THE ALLEY NORTH OF AUBURN WAY SOUTH
BETWEEN DOGWOOD ST SE AND FIR ST SE, WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington (“City”), has received a petition signed
by at least two-thirds (2/3) of the owners of property abutting right-of-way located within the
alley north of Auburn Way South, between Dogwood St SE and Fir St SE, within the City of
Auburn, requesting vacation of the right-of-way; and,
WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing
was held in connection with the possible vacation, with notice having been provided
pursuant to statute; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 19th day of January, 2021, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right of way located at the Alley north of Auburn
Way South, between Dogwood St SE and Fir St SE, located within the City of Auburn,
Washington, legally described as follows:
THE ALLEY, 16 FEET IN WIDTH, CONVEYED TO THE CITY
OF AUBURN BY QUIT CLAIM DEED UNDER RECORDING
NUMBER 5881425, DATED MAY 20, 1965, RECORDS OF
KING COUNTY, WASHINGTON, IN THE SOUTHEAST
Page 15 of 50
- - - - - - - - - - - - - - - - -
Amended Ordinance No. 6810
ROW Vacation V2-20
January 4, 2021
Page 2 of 6
QUARTER OF THE SOUTHEAST QUARTER OF SECTION
20, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1,
BLOCK 1, FOREST VILLA ADDITION TO THE CITY OF
AUBURN, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 62 OF PLATS, PAGE 15,
RECORDS OF KING COUNTY; THENCE ALONG THE
SOUTH LINE OF SAID PLAT SOUTH 88°17’59” EAST, A
DISTANCE OF 592.90 FEET TO THE SOUTHEAST CORNER
OF LOT 8 OF SAID PLAT ALSO BEING A POINT ON THE
WEST RIGHT OF WAY MARGIN OF FIR STREET SE.;
THENCE ALONG SAID WEST MARGIN SOUTH 01°42’01”
WEST, A DISTANCE OF 16.00 FEET TO THE SOUTH LINE
OF THE AFOREMENTIONED QUIT CLAIM DEED; THENCE
ALONG SAID SOUTH LINE NORTH 88°17’59” WEST, A
DISTANCE OF 592.77 FEET TO THE EAST RIGHT OF WAY
MARGIN OF DOGWOOD STREET SE.; THENCE ALONG
SAID EAST MARGIN NORTH 01°14’45” EAST, A DISTANCE
OF 16.00 FEET TO THE PONT OF BEGINNING.
CONTAINING 9,485 SQ. FT, 0.22 ACRES, MORE OR LESS.
SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON ALL LYING WITHIN THE MUCKLESHOOT
INDIAN RESERVATION.
[Also identified as Exhibit “A”.]
and as shown on the survey, a copy of which is attached, marked Exhibit "B" is vacated and
the property lying in the right-of-way described, shall inure and belong to those persons
entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the
following:
A. In accordance with RCW 35.79.030, the City hereby reserves in favor
of Parcel Nos. 2599000010, 2599000020, 2599000030, 2599000040, 2599000050,
Page 16 of 50
- - - - - - - - - - - - - - - - -
Amended Ordinance No. 6810
ROW Vacation V2-20
January 4, 2021
Page 3 of 6
2599000060, 2599000070, and 2599000080 abutting the vacated right-of-way as
described above a perpetual nonexclusive access easement under, over, through and
across the vacated right-of-way as described above for the purposes of pedestrian,
vehicular and pedestrian individual adjacent parcel access and adjacent private property
access. The owners of the adjacent property agree not to erect any structures on said
easement and shall not place trees or other obstructions on the easement that would
interfere with the exercise of Grantee’s rights herein.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
B. In accordance with RCW 35.79.030, the City grants a private utility
easement to Puget Sound Energy over, under, and upon the vacated right-of-way as
described above for the construction, operation, maintenance, repair, replacement,
improvement and removal of electric distribution facilities. The owners of the adjacent
property shall not erect any structures on the easement and shall not place trees or other
obstructions on the easement that would interfere with the exercise of Grantees’ rights.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
C. In accordance with RCW 35.79.030, the City grants a private utility
easement to CenturyLink over, under and upon the vacated right-of-way as described
Page 17 of 50
- - - - - - - - - - - - - - - - -
Amended Ordinance No. 6810
ROW Vacation V2-20
January 4, 2021
Page 4 of 6
above for the construction, operation, maintenance, repair, replacement, improvement
and removal of wireline telecommunications facilities. The owners of the adjacent
properties shall not erect any structures on the easement and shall not place trees or
other obstructions on the easement that would interfere with the exercise of Grantees’
rights.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
D. It is provided, however that such reserved or granted utility and access
easements as set out in Paragraphs A, B, and C above may be modified to accommodate
a removal, relocation and sitting of the affected utility lines if the Utility and the property
owners on whose property the utility lines are located agree to the removal relocations
and sitting being paid by said property owners and with the removal relocation and sitting
being done in conformity with applicable standards.
E. The applicant shall construct public improvements that permanently close
the first two driveways north of the intersection of Auburn Way South on the east side of
Dogwood St SE and construct a new driveway to Dogwood St SE at the west boundary
of the vacated right-of-way.
F. The applicant shall construct public improvements to permanently restrict
existing and new driveways along the north side of Auburn Way South from Fir St SE to
Dogwood St SE to right-in/right-out.
Page 18 of 50
- - - - - - - - - - - - - - - - -
Amended Ordinance No. 6810
ROW Vacation V2-20
January 4, 2021
Page 5 of 6
G. The applicant shall construct a 7-foot tall fence on the north boundary of the
right-of-way, including appropriate gates as may be required to provide accessibility by
properties abutting the right-of-way.
H. The applicant shall construct an acoustic CMU wall and landscaping to
provide mitigation of noise from the property abutting the south boundary of the vacated
right-of-way.
I. In accordance with RCW 35.79.0360 and ACC 12.48.085, compensation to
the City of Auburn, shall be made by the owner or owners of property adjacent thereto in
the total amount of Forty-Three Thousand ($43,000.00) Dollars for the full appraised
value of the right-of-way, which has been right-of-way for more than twenty-five (25) years
and for which public funds were expended.
J. This vacation shall be effective upon completion of the provisions in
paragraph E, F, G, H, and I, above. The above described provisions must be completed
by December 31, 2021 or the vacation and Ordinance will be null and void.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Page 19 of 50
- - - - - - - - - - - - - - - - -
Amended Ordinance No. 6810
ROW Vacation V2-20
January 4, 2021
Page 6 of 6
Section 5. Recordation. The City Clerk is directed to record this Ordinance
with the office of the King County Auditor only upon completion of those provisions set forth
in Section 1, Paragraphs E, F, G, H, I, and J, above, at which time the vacation pursuant to
this Ordinance shall be effective under Auburn City Code 12.48.080.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
__________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Kendra Comeau, City Attorney
PUBLISHED: _______________
Page 20 of 50
Page 21 of 50
Page 22 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6813 (Tate)
Date:
January 28, 2021
Department:
Community Development
Attachments:
Ordinance No. 6813
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6813.
Background Summary:
This ordinance corrects a miss-reference in Ordinance 6763. T he city council adopted
Ordinance 6763 earlier this month. The ordinance adopted the state’s and the city’s annual
revisions to the building codes. The error was in a city- proposed change to the I nternational
Fire C ode. Unfortunately, the provision concerning liquid petroleum gas tanks stated it
amended the I nternational Building Code, which is not the correct code. T he F i re Code
regulates liquid petroleum gas tanks. This simple error of course makes the provision
ineffective.
Ordinance 6813 simply reveres the error by changing “B uilding” to “F ire” where the ordinance
states the code being amended.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:February 1, 2021 Item Number:ORD.B
Page 23 of 50
--------------------------------
Ordinance No. 6813
January 27, 2021
Page 1 of 3 Rev. 2020
ORDINANCE NO. 6813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO FIRE CODES AND
AMENDING SECTION 15.36A.051 OF THE AUBURN CITY
CODE
WHEREAS, on January 4, 2021, the City of Auburn enacted Ordinance 6763 that adopted
the statewide updates to the state building codes as well as Auburn-specific revisions to the
building codes; and
WHEREAS, Ordinance 6763 adopted a new section of city code, section 15.36A.051, that
imposed new rules for the use of liquified petroleum gas tanks; and
WHEREAS, liquified petroleum gas tanks are regulated by the International Fire Code but
the section of Ordinance 6763 that creates code section 15.36A.051 incorrectly references the
“International Building Code”; and
WHEREAS, due to the error new section 15.36A.051 of city code references provisions
and section numbers that do not exist in the International Building Code making the code section
unenforceable; and
WHEREAS, it is in the public interest to correct the reference to the “International Building
Code” that was adopted in Ordinance 6763 and replace it with “International Fire Code.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 15.36A.051 of the Auburn City Code
is amended to read as follows:
15.36A.051 Section 6107 amended – Safety Precautions and Devices.
International Fire Building Code Section 6107 is amended by adding the following new
subsections:
Page 24 of 50
--------------------------------
Ordinance No. 6813
January 27, 2021
Page 2 of 3 Rev. 2020
Sec. 6107.5 Protecting containers from displacement. LP-gas containers greater than or
equal to 125-gallons must be anchored or strapped to prevent lateral displacement.
Anchors or straps must be an approved, listed device. Methods of securing LP-gas
containers 2,000-gallons or greater must be designed by a licensed professional.
Sec. 6107.6 Earthquake shut-off valves. LP-gas containers greater than or equal to 125-
gallons must be protected with an approved, listed earthquake shut-off device.
6107.7 Non-compliant installed LP-gas containers. Existing, non-compliant LP-gas
containers must be upgraded to comply with sections 6107.5 and 6107.6 when accessory
to a building undergoing a change in use or when tank is replaced or modified.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance, or the invalidity of the application of it to any person or circumstance, will not
affect the validity of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five days
from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
Page 25 of 50
--------------------------------
Ordinance No. 6813
January 27, 2021
Page 3 of 3 Rev. 2020
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 26 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5582 (Martinson)
Date:
January 26, 2021
Department:
Human Resources
Attachments:
Resolution 5582
Final ILA 1.26.21
Budget Impact:
Current budget dependent
upon case f ilings per year.
Administrativ e Recommendation:
City Council to adopt Resolution No. 5582.
Background Summary:
Since November 1, 2012, Auburn has provided f or adjudication of inf ractions and
misdemeanors committed within Auburn through an agreement with King County District
Court (KCDC). KCDC provides court services for the City at the Auburn Courthouse. The
current contract expires December 31, 2021.
The 12 current contracted cities have been negotiating a new contract with KCDC for the last
year. The proposed I nterlocal Agreement’s termination date is December 31, 2034, since the
termination must align with a judicial election year.
Rev iewed by Council Committees:
Municipal Services
Councilmember:Staff:Martinson
Meeting Date:February 1, 2021 Item Number:RES.A
Page 27 of 50
--------------------------------
Resolution No. 5822
January 13, 2021
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5582
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY FOR DISTRICT
COURT SERVICES
WHEREAS, in 2012, the City of Auburn dissolved its municipal court and entered into an
Interlocal Agreement with King County for district court services; and
WHEREAS, the current Agreement expires December 31, 2021;
WHEREAS, it is necessary and appropriate for the City to enter into a new Interlocal
Agreement with King County for court services.
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 between the
City and King County, which agreement will be in substantial conformity with the agreement
attached hereto.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
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
Page 28 of 50
--------------------------------
Resolution No. 5822
January 13, 2021
Page 2 of 2 Rev. 2020
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
Page 29 of 50
1/7/2021 1
INTERLOCAL AGREEMENT FOR PROVISION OF DISTRICT COURT
SERVICES BETWEEN KING COUNTY AND THE CITY OF ____________
THIS INTERLOCAL AGREEMENT (“Agreement”) FOR PROVISION OF
DISTRICT COURT SERVICES BETWEEN KING COUNTY (“County”) AND THE
CITY OF _________ (“City”) is entered on this _____ day of __________, 2020.
County and the City may be referred to herein collectively as the “Parties” and
individually as a “Party.”
RECITALS
1. On August 22, 2006, the County and the original Participating Cities
entered into an Interlocal Agreement for Provision of District Court Services (“2006
Agreement”). As of January 1, 2020, Auburn, Beaux Arts, Bellevue, Burien, Carnation,
Covington, Duvall, Kenmore, Redmond, Sammamish, Shoreline, and Skykomish are
Parties to the 2006 Agreement. The 2006 Agreement expires December 31, 2021,
thereby requiring a new interlocal agreement for District Court services.
2. Under the 2006 Agreement, the County is providing the City with District
Court services at the King County District Court – __________ Division,
_______________ Courthouse (“______________District Court”) located at
______________________________________, Washington and the City is sharing in
the King County District Court system costs with the other Participating Cities.
3. It is the intent of the County and the Participating Cities to establish
mechanisms within this Agreement to ensure court services, case processing, and court
operations are delivered as consistently as possible within each District Court, including,
for the City, the ______________District Court, and across the King County District
Court system.
4. The County and the Participating Cities have established within this
Agreement a process under which District Court services, facilities, and costs can be
mutually reviewed.
5. The Parties acknowledge that they and the public they together serve have
benefited from the flexible and collaborative approach to problem solving that
historically has defined the relationship between the Parties and wish to memorialize and
continue that approach in this Agreement.
6. The Parties’ relationship has yielded many successes, including
implementation of Community Court, the stabilization of the call center, and execution of
the Case Management System (CMS) project.
7. The Parties understand that a successful partnership is achieved when the
County and the Cities pay for the services each uses in order to have a true reconciliation
of the costs to provide such services to the public.
Page 30 of 50
1/7/2021 2
8. The Parties embrace the value of collaboration and transparent
communication to seamlessly meet the needs of our changing metropolitan region related
to criminal justice services.
9. The County will continue to support a unified, County-wide District
Court, utilizing existing facilities, to provide for a more equitable and cost effective
system of justice for the citizens of King County. The County will continue to:
A. Ensure District Court facilities promote system efficiencies, quality
services and access to justice;
B. Consolidate District Court facilities that exist in the same city;
C. Reconsider facilities if there are changes with Participating Cities or
changes in leases;
D. Work with the Participating Cities to develop a facility plan as it relates
to the District Court and District Court related services.
10. In entering into this Agreement for District Court Services, the
Participating Cities and County have considered, pursuant to RCW 39.34.180, the
anticipated costs of services, anticipated and potential revenues to fund the services,
including fines and fees, filing fee recoupment, criminal justice funding, and state sales
tax funding.
11. With this Agreement, the Parties intend to provide sufficient revenue to
the County to allow for the continued provision of District Court services and provide the
City with a service level commensurate with that revenue.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the sufficiency of which is hereby acknowledged, the Parties agree as follows:
DEFINITIONS
Words and terms shall be given their ordinary and usual meanings. Where used
in the Agreement and Exhibits, the following words and terms shall have the meanings
indicated. The meanings shall be applicable to the singular, plural, masculine, feminine
and neutral form of the words and terms.
City/Participating City: An individual city.
Cities/Participating Cities: The Cities that have contracted with King County for
District Court services, collectively.
Court/District Court: The branch of government within King County tasked
with providing District Court services to the County and to the Participating Cities.
Page 31 of 50
1/7/2021 3
Court Facility Management Review Committee (CFMRC): A committee that
is facility-specific and includes representatives from the County as well as individual
Cities served by that facility to discuss facility-level issues. A committee having a
different name but serving in this capacity is considered a CFMRC.
District Court Management Review Committee (DCMRC): A committee that
includes a representative from all of the Participating Cities to discuss system-wide
issues.
District Court System: The King County District Court system as a whole.
Effective Date: January 1, 2022
KCC: King County Courthouse in Seattle, WA.
MRJC: Maleng Regional Justice Center in Kent, WA.
Regular Calendar: A recurring court calendar which requires the attendance of a
judge, court staff, and an individual City’s prosecutor, public defender, and/or police officers.
1.0 TERM AND TERMINATION
1.1 Term. This Agreement shall be effective as of January 1, 2022 and shall remain
in effect for an initial term of five (5) years ending on December 31, 2026. Unless
terminated or extended pursuant to Section 1.2, this Agreement shall be automatically
extended on the same terms and conditions as follows:
a. For a four (4) year term thereafter commencing January 1, 2027, and expiring
on December 31, 2030 (the “First Extension”); and
b. For a four (4) year term thereafter commencing January 1, 2031, and expiring
on December 31, 2034 (the “Second Extension”).
1.2 Termination and Notice of Termination. This Agreement is terminable by the
County, without cause and in its sole discretion, if County provides written notice to the
City(ies) it seeks to terminate. Any Participating City may individually terminate its
participation in this Agreement, without cause and in its sole discretion, by providing
written notice to the County. The terminating party shall provide notice (electronic
notice is permitted for this notification only) to all other Participating Cities. Notice of
termination shall be provided no later than the following dates:
Initial Term: By February 1, 2025 for termination effective December 31, 2026
First Extension: By February 1, 2029 for termination effective December 31, 2030
Second Extension: By February 1, 2033 for termination effective December 31, 2034
It is the County’s and the Participating Cities’ intent for Section 1.2 to provide as much
or more notice than required by the provisions of RCW 3.50.810 and RCW 35.20.010(3)
Page 32 of 50
1/7/2021 4
and (4) in effect on the Effective Date of this Agreement. If the RCWs are amended to
require more notice than Section 1.2 provides, such longer notice requirement shall
apply.
1.3 Extension pending conclusion of negotiations with respect to amending
Agreement. The County and the Participating Cities may agree in writing to extend any
term of this Agreement upon the same terms and conditions if they are negotiating in
good faith for amendments to the Agreement. The extension shall be such that expiration
of the Agreement occurs not less than 18 consecutive months after the end of good faith
negotiations. The end of good faith negotiations may be declared in writing by the
County or any individual City. Following such declaration, there shall be a thirty (30)
calendar day period in which the County or any individual City may provide written
notice to the County or all of the Participating of its intent to let the Agreement expire at
the end of the extended Agreement term.
2.0 SERVICES; OVERSIGHT COMMITTEES
2.1 District Court Services Defined. The County and District Court shall provide
District Court Services for all Participating Cities’ cases filed by a Participating City in
its assigned King County District Court. District Court Services as used in this
Agreement shall mean and include all local court services imposed by Washington State
statute, court rule, individual City ordinance, or other regulations as now existing or as
hereafter amended, including but not limited to the services identified in Section 2 of this
Agreement. Nothing in this Agreement shall permit the Participating Cities, collectively
or individually, to regulate the administration of the Court or the selection of particular
judges to hear its cases by City ordinance. District Court services may include
Community Court services which shall be billed in the same manner as other cases filed
by a Participating City in its assigned King County District Court.
2.2 Decision-Making. The County and the Participating Cities recognize that General
Rule (GR) 29 requires that the ultimate decision-making authority regarding the
management and administration of the Court rests with the Presiding Judge and/or the
Division Presiding Judge, and the County and the Participating Cities recognize that the
duties imposed by GR 29 are non-delegable except as provided otherwise in GR 29. The
provisions of Sections 2.1 through 2.2.7 of this Agreement are subject to GR 29 and the
non-delegable duties and responsibilities of the Presiding Judge and/or the Division
Presiding Judge contained therein.
2.2.1 Case Processing and Management. The County and District Court shall
remain responsible for the filing, processing, adjudication, and penalty
enforcement of all Participating Cities’ cases filed, or to be filed, by a
Participating City in its assigned District Court, whether criminal or civil.
Such services shall include but not be limited to: issuance of search and
arrest warrants; interpreters for Court hearings, the conduct of motions and
Page 33 of 50
1/7/2021 5
other evidentiary hearings; pre-trial hearings; discovery matters;
notifications and subpoenaing of witnesses 1 and parties prior to a
scheduled hearing; providing to a Participating City prosecutor (and
contract Participating City prosecutor who has signed the required
Department of Licensing confidentiality agreement), complete Court
calendars, the conduct of bench and jury trials; pre-sentence
investigations; sentencing; post-trial motions; the duties of the Courts of
Limited Jurisdiction regarding appeals; and any and all other Court
functions as they relate to municipal cases filed by the Participating City
in its assigned District Court.
2.2.2 Changes in Court Processing. Except when determined by the Presiding
Judge that a shorter notice period is necessary, the District Court shall
provide a Participating City’s designated representative(s) DCMRC with
sixty (60) calendar days written notice by U.S. Mail or e-mail prior to
changes in Court processing procedures that directly impact a
Participating City’s operations (e.g. may require additional prosecutor or
public defense services) in order to provide the Participating City with
adequate time to assess the effect of proposed changes on the Participating
City’s operations, unless a shorter timeframe for notice is mutually agreed
upon by the County and the Participating City through the CFMRC.
2.2.3 Customer Service. The District Court shall provide a means for the public to
contact the Court by telephone, including transferring the caller to a particular
Court facility if requested, and front counter access to each Court facility
during regular business hours, without lengthy wait. District Court shall
provide quarterly reports to the DCMRC on its public access. District Court
shall work with the Participating Cities through the DCMRC to address any
customer service concerns. In order to minimize workload on District Court
staff, the Participating City prosecutor, City public defenders, and City
paralegal staff shall have access to their assigned District Court court files
through the Court’s portal at no additional cost in order to most efficiently
obtain necessary information.
2.2.4 Probation Services. The County shall provide probation services unless a
Participating City elects to provide its own probation services and notifies
the County in writing that it does not wish the County to provide probation
services. A Participating City shall provide such notice at least six (6)
months prior to January 1 of the year in which probation services shall be
discontinued. The County shall provide a Participating City not less than
twelve (12) months written notice if the County intends to terminate
probation services to a Participating City. Notwithstanding this provision,
the County may terminate probation services upon not less than six (6)
months advance written notice to the City if (a) the County is unable to
1 When District Court issues subpoenas for witnesses the information contained in the subpoena including
addresses and names is not confidential and is part of the public record.
Page 34 of 50
1/7/2021 6
procure sufficient primary or excess insurance coverage or to adequately
self-insure against liability arising from the provision of probation
services, and (b) the County ceases to provide probation services
throughout King County District Court system.
2.2.5 Regular Court Calendars.
2.2.5.1 A Participating City budget for court services assumes a finite number
of Regular Calendars. The Participating City's Regular Calendars shall
remain scheduled as set forth on Exhibit D to this Agreement. Any
Regular Calendar that is to occur on a day other than the day or days
specified on Exhibit D shall require the mutual consent of the County
and any Participating City that would be impacted by such change.
However, a Participating City's prior consent shall not be required if a
Regular Calendar is moved to the next judicial day or other day
mutually agreed upon in order to make up a day which the District
Court was closed due to a Court holiday, inclement weather,
emergency circumstances. Prior consent shall not be required to
reschedule calendars for judges to attend judicial conference if the
calendars moved are those calendars that City prosecutors or public
defenders do not normally attend.
2.2.5.2 The provisions of Section 2.2.5.1 regarding Regular Calendars do not
apply to other judicial functions and hearings, including but not limited
to, jail hearings at the King County Jail (Seattle or Regional Justice
Center) or the SCORE Jail hearings or trials that cannot be set on a
Participating City’s Regular Calendar due to time limitations or
transport issues, search warrants, infraction hearings where a
Participating City prosecutor or public defender is not required to be
present, or mitigation hearings.
2.2.5.3 The County and an individual Participating City are encouraged to work
collaboratively to adjust the number of Regular Court Calendars by
agreement at any time during the course of this Agreement as necessary
for the efficient operation of the District Court. If either the County or
a Participating City believes that the number of Regular Court
Calendars that a Participating City has are either insufficient or too
numerous, then that party shall request a meeting by March 31st of a
given calendar year to confer regarding the number of Regular Court
Calendars. If the County and a Participating City are unable to agree
on changes by April 30th of that calendar year, the Presiding Judge,
with the concurrence of the executive committee of the District Court,
shall determine the number of Regular Court Calendars that the District
Court believes will be sufficient to manage the Participating City’s case
load with consideration of the caseloads and number of hearings of
comparable Participating Cities also being served by the District Court
Page 35 of 50
1/7/2021 7
and the County’s caseload. The County shall provide notice to the
Participating City of the required changes no later than May 31st of the
same calendar year for implementation on January 1 of the subsequent
calendar year.
2.2.6 Participating City Judicial Services. Not later than September 30, the
Participating Cities2 whose cases are primarily heard at the same District
Court facility shall submit in writing to the Chief Presiding Judge a pool
of District Court judges who may hear these Participating Cities’ Regular
Calendars beginning the next calendar year. The pool shall consist of not
less than 75 percent of the judges elected or appointed to the judicial
district wherein the facility is located. Within thirty (30) calendar days of
an election or notice to the applicable Participating Cities of an
appointment of a new judge within the judicial district, the Participating
Cities shall be entitled to recreate their pool of District Court judges
(“Recreated Pool”). The Recreated Pool shall take effect within thirty (30)
calendar days of submission of the pool. In the case of an election, the
Recreated Pool shall take effect the next calendar year following the
election. Except when the Chief Presiding Judge deems an alternative
assignment is necessary, the Chief Presiding Judge shall assign judges
from these Participating Cities’ pool, whether the original pool or a
Recreated Pool, of judges to hear their Regular Calendars. If no pool of
judges is submitted by the Participating Cities at a particular facility, the
Chief Presiding Judge may assign any judge of the King County District
Court system to hear the Regular Calendars at that facility. All other
judicial functions and hearings that are not set on a Participating City's
Regular Calendars can be heard by any judicial officer of the District
Court against whom an affidavit of prejudice has not previously been filed
that would prevent the judicial officer from hearing the matter. Each party
shall notify the other party via email, telephone, or meeting (between the
Cities’ DCMRC representative and the Chief Presiding Judge or designee)
when there will be a change or action impacting judicial assignments so
the parties may discuss potential impacts prior to the change being
finalized. This notice requirement does not apply to short-term judicial
coverage that lasts up to one month.
2.2.7 The County shall provide all necessary personnel, equipment and facilities
to perform the foregoing described District Court Services in a timely
manner as required by law and court rule.
2.3 District Court Management Review Committee (DCMRC).
2.3.1 System-wide issues related to the District Court Services provided
pursuant to this Agreement will be monitored and addressed through a
District Court Management Review Committee. The Committee shall
consist of the District Court Chief Presiding Judge, the District Court
2 Procedures of this section shall also apply if only one City is using a court facility.
Page 36 of 50
1/7/2021 8
Chief Administrative Officer, any other District Court representatives
designated by the District Court Chief Presiding Judge or Chief
Administrative Officer, a representative of the King County Executive,
and one representative or designee for each Participating City. On or
before the effective date of this Agreement, a Participating City shall
identify in writing to the Chief Presiding Judge the name, phone number,
e-mail and postal address of its representative and to whom notice as
provided in this Section shall be sent. If a Participating City wishes to
change the information provided to the Chief Presiding Judge, it shall
notify the Chief Presiding Judge in writing at least seven (7) calendar days
prior to the change. A Participating City may send its representative or
designee to the DCMRC meetings.
2.3.2 The DCMRC shall meet at least quarterly unless otherwise agreed and
shall make decisions and take actions upon the mutual agreement of the
Participating Cities, the County, and the Chief Presiding Judge. Mutual
agreement of the Participating Cities is defined as votes representing 65
percent of total Participating Cities’ weighted case filings for the prior
calendar year and 65 percent of all Participating Cities. The County, the
Chief Presiding Judge, or the Participating Cities can vote at any time up
to 45 calendar days after DCMRC action unless mutual agreement has
been reached sooner. The Chief Presiding Judge or designee shall
schedule meetings and submit proposed agendas to the representatives.
Any representative may suggest additional agenda items. The Chief
Presiding Judge or designee shall provide the DCMRC representatives
with written notice of the actions taken by the DCMRC in a timely
manner.
2.3.3 The DCMRC shall ensure that a cost and fee reconciliation is completed at
least annually and that the fees retained by the County and remitted to a
Participating City are adjusted to ensure that the County fully recovers its
Participating City Case Costs and that the Participating City retains the
remaining Fees, as defined and described in Section 4, below.
2.3.4 The DCMRC shall provide recommendations and/or guidelines regarding the
implementation of services under this Agreement including, but not limited to,
court calendar scheduling, public access (such as phone and counter services),
officer overtime, officer availability (such as vacation and training schedules),
new technology, facility issues, jail issues, and warrant issues.
2.4 Court Facility Management Review Committees (CFMRC). Facility level
issues related to this Agreement shall be addressed by the Court Facility Management
Review Committee established for each Facility, taking into consideration guidance from
the DCMRC. The CFMRC for each Division/Facility shall consist of the judges at that
Facility, the Division presiding judge, the Division director, the court manager, the
applicable Participating City prosecutor/attorney, the applicable Participating City public
Page 37 of 50
1/7/2021 9
defender, and such other representatives as the Participating City or the District Court
wishes to include. On or before the effective date of this Agreement, a Participating City
shall identify in writing to the Division Presiding Judge the name(s), phone number(s), e-
mail and postal address(es) where notice of meetings shall be sent. If a Participating City
wishes to change the information provided to the Division Presiding Judge, it shall notify
the Division Presiding Judge at least seven (7) calendar days prior to the change. A
Participating City may send its representative(s) or the representative's designee to the
CFMRC meetings. Each CFMRC shall meet monthly unless the Court and the applicable
Participating Cities agree to cancel a particular meeting. The members shall agree on
meeting dates. The CFMRC shall make decisions and take actions upon the mutual
agreement of the representatives.
3.0 FACILITIES
3.1 Utilizing Existing County Facilities
3.1.1 The County is committed to a unified, County-wide District Court
and intends to utilize existing facilities pursuant to the provisions
of Section 3.1. The County shall operate a District Court facility
within the Cities of Burien, Issaquah, Redmond, and Shoreline
unless (1) the County obtains agreement to close a particular
facility from all Participating Cities served in the facility proposed
to be closed, or (2) notice has been given to terminate the
Agreement by the Participating City in which the facility is
located.
3.1.2 Notice of Facility Closure. If the County determines that it will
close a District Court facility within the Cities of Burien, Issaquah,
Redmond, and Shoreline and relocate District Court services
within the same City, the County shall provide written notice to the
Participating City(ies) served in the affected facility. Relocation of
the Participating City(ies)’s District Court services under this
subsection shall result from the County’s determination, after
consultation with the Participating City(ies) served in the affected
facility, that continuing to operate the facility would 1) pose health
and safety risks; 2) exceed the facility’s useful life based on the
cost of maintaining the facility; or 3) not be able to minimally meet
the operational needs of the District Court.
3.1.3 Relocation due to Closure. If a County court facility is to be closed
pursuant to Subsections 3.1.1 or 3.1.2, the County shall work
cooperatively with Participating City(ies) served in the facility to relocate
affected District Court services to a different facility. A Participating City
impacted by a County court facility closure may choose to relocate to an
existing County court facility or move to a different County facility. If
Page 38 of 50
1/7/2021 10
District Court does not already provide services in the facility(ies)
proposed for the displaced services, the County and the Participating
Cities served in the facility to be closed shall negotiate in good faith a
separate agreement. The separate agreement should include, but is not
limited to, identifying the location of these services, cost sharing
responsibilities and financial commitment, ownership interest (if
applicable), and implementation schedule. If the County and any of the
Participating City(ies) served in the facility to be closed are unable to
come to mutual agreement on relocation in a time frame acceptable to the
County and the impacted Participating Cities(ies), notice of termination
may be given as set forth in Section 1.2 above.
3.1.4 Other County Facilities. The County also has District Court facilities at the
MRJC and the KCC. Upon mutual agreement of the County and a
Participating City services may be provided to a Participating City(ies) at
the MRJC or KCC. In the event of a relocation of a Participating City’s
District Court services to the MRJC, KCC, or other County facility not
included in this Agreement, the County and the Participating City will
negotiate appropriate facility operating and rent costs. All other
provisions of this Agreement shall continue to apply.
3.1.5 Temporary Emergency Relocations. The relocation provisions provided
above in Sections 3.1.1- 3.1.3, are not intended to apply to temporary
emergency relocations which may occur in the event of a facility
emergency (e.g. facility flooding, loss of facility heat or water, road
closures, etc.) or natural disaster (e.g. earthquake, extreme weather events,
etc.). Such temporary relocations may only last until the emergency
conditions are resolved if the relocation was done without the consent of
the relocated Participating City(ies). Temporary relocations may only be
extended beyond the resolution of the emergency conditions or made
permanent by mutual consent of the County and the relocated Participating
City(ies).
3.1.5.1 Costs. If District Court Services to a Participating City are
temporarily relocated from one County court facility to another
County court facility, including the MRJC or KCC, due to an
emergency, the Participating City’s facility operating and rent
costs will continue as calculated for the original facility for the
duration of the temporary relocation.
3.1.6 Annual Facility Charges. The AFC for existing District Court facilities in
the cities of Burien, Issaquah, Redmond, and Shoreline on the Effective
Date satisfies the financial obligations of the Participating Cities served by
these facilities for facility operations and daily maintenance, major
maintenance, and other costs necessary to maintain existing facilities.
Page 39 of 50
1/7/2021 11
This AFC does not cover the costs associated with capital improvements
as defined in Section 3.3 and does not entitle a Participating City to any
funds or credit toward replacement of the existing facility. The AFC will
be included as a reimbursable Participating City Case Cost under Exhibit
A with the exception that space that is dedicated to the sole use and benefit
of either a Participating City, the County, or other tenant, shall be
excluded from the total square footage and be the sole financial
responsibility of the benefiting party. Reimbursement for space dedicated
to the sole use of a Participating City shall be based on the financial terms
in Exhibit B and included as a Participating City Case Cost under Exhibit
A. All other terms and conditions for a Participating City dedicated space
shall be covered in a separate agreement. Each year, the County will
identify in Exhibit A the square footage of dedicated space for each
facility. Empty or unused space at a facility, previously used as dedicated
space for the sole benefit and use of either the County, a Participating
City(ies), or other tenant, shall be excluded from the total square footage.
The AFC for the Burien, Issaquah, Redmond and Shoreline facilities are
calculated in accordance with Exhibit B.
3.1.7 Call and Payment Center Charge. Participating Cities will pay an AFC for
space used for the call center and payment center. The charge shall be
calculated in accordance with Exhibit B and included as a reimbursable
Participating City Case Cost under Exhibit A with the exception that space
that is dedicated to the sole use and benefit of the County shall be
excluded from the total square footage for this space.
3.2 Relocation from a Participating City Facility
3.2.1 City Buildings. Where District Court is providing District Court Services
to a Participating City in a City-owned or operated facility and where the
Participating City or the County wishes to relocate District Court Services
to a different facility, the County and the affected Participating City or
Participating Cities agree to work cooperatively to enter into a separate
agreement to relocate to either a County facility or to another City-owned
or operated facility. The agreement should include, but is not limited to
the following:
(a) Identifying a facility location
(b) Cost sharing responsibilities and financial commitment
(c) Ownership interest
(d) Allocation of Implementation Responsibilities
(e) Implementation schedule
(f) Operational terms including but not limited to:
(i) Depending on location of facility, space for a
Participating City’s prosecution staff
(ii) Holding cells at facility
Page 40 of 50
1/7/2021 12
3.2.2 Separate Facility Agreements. The District Court will continue to operate
at the Participating City’s facility under the terms of a separate agreement
between the County and the Participating City until the new location is
agreed upon and operational, unless District Court Services are terminated
pursuant to Section 1.2 of this Agreement..
3.2.3 Temporary Emergency Relocations. The provisions of Section 3.1.5
regarding temporary relocations due to emergency circumstances also
apply in the case of District Court Services provided to a Participating
City in a City-owned or operated facility, except Section 3.1.5.1 does not
apply. If District Court Services for a Participating City must be
temporarily relocated from a City-owned or operated facility to a County
facility, the County and the Participating City will negotiate appropriate
facility operating and rent costs and any other appropriate reimbursement
of costs for the temporary relocation.
3.3 Capital Improvement Projects. Capital improvement projects to County
facilities are those projects identified in the approved District Court Facilities Master Plan
or Capital Improvement Plan.
3.3.1 Sole Benefit. Capital improvement projects for space that is dedicated to
the sole use and benefit of either a Participating City(ies) or the County
shall be funded by the benefiting party. In the case of a capital
improvement project solely benefiting a Participating City(ies), the
County and the Participating City(ies) will negotiate payment and enter
into a separate agreement to address such project.
3.3.2 Dual Benefit. Capital improvement projects at a facility for space
benefiting both the County and all Participating Cities served in the
facility shall be presented to the affected CFMRC. The Participating
Cities’ contribution to the costs of the capital improvement projects shall
be determined by mutual agreement of the County and the Participating
Cities served in the affected facility. Absent an approved capital cost
sharing agreement between the County and the Participating Cites served
in the affected facility, those Participating Cities are not responsible for
capital project costs.
3.3.3 City Buildings. Where the County and a Participating City have an
agreement for the use of a City-owned or operated facility, cost
apportionment for capital improvement projects is governed by the
agreement between the County and the Participating City rather than
Section 3.3.1 and 3.3.2 above.
4.0 REVENUE; FILING FEES ESTABLISHED; CITY PAYMENTS IN
LIEU OF FILING FEES; LOCAL COURT REVENUE DEFINED.
Page 41 of 50
1/7/2021 13
4.1 Filing Fees Established. A filing fee is set for every criminal citation and
infraction filed with the District Court.3 Filing fees will be established each year by the
DCMRC pursuant to statutory criteria and this Section. At or before the commencement
of this Agreement, the filing fees shall be as set by the agreement of the Participating
Cities.
4.1.1 Pursuant to RCW 3.62.070 and RCW 39.34.180, the County will retain its
portion of Local Court Revenues (as defined below) and additional
payments pursuant to Section 4.5, if any, as full and complete payment by
a Participating City for services received under this Agreement.
4.2 Compensation for Court Costs. The Participating Cities agree that the County
is entitled to sufficient revenue to compensate the County for all Participating City Case
Costs incurred during the term of this Agreement. For purposes of this Agreement,
“Participating City Case Costs” means the sum of the costs for the Participating City as
determined by the County pursuant to Exhibit A (including attachments A-Q), Exhibit B,
and Exhibit C.
4.3 Annual Reconciliation. To ensure that the revenue provided to the County is
equal to the Participating City’s Case Costs incurred in each year of the term of this
Agreement, the County shall perform an annual reconciliation of the actual Participating
City’s Case Costs in comparison to the Local Court Revenue, as defined in Section 4.9,
retained by the County during that year in accordance with Exhibit A. The County will
credit the Participating Cities in the reconciliation for each Participating City’s share of
offsetting revenue received by the County for District Court from the state, the federal
government and other sources. Reconciliations shall be performed as set forth below:
4.3.1 Beginning in 2022 and each year thereafter, the County shall perform a
reconciliation of its actual reported Participating City’s Case Costs and the
Local Court Revenue retained in the previous year. This reconciliation
shall be completed no later than July 31 of each year. The County costs of
performing the reconciliations shall be a reimbursable Participating City’s
Case Cost and included as a Participating City’s Case Cost under Exhibit
A.
4.3.2 No later than August 1 of the year in which the reconciliation is
completed, the County shall send each Participating City a written
statement as to the findings of the reconciliation.
3 The County and the Participating Cities acknowledge that the filing fees are intended to represent an
approximation of the per-case cost for each filing. The County and the Participating Cities further
acknowledge that while, in a criminal case, a judge, in their discretion and in accordance with Washington
law may order a defendant to pay the filing fee upon conviction (for recoupment to the applicable
Participating City), however, a judge may not order an individual who has been found to have committed
an infraction to pay the infraction filing fee.
Page 42 of 50
1/7/2021 14
4.4 Payment for Participating City’s District Court Services. Subject to the
adjustments set forth below, the County shall retain a percentage of Local Court Revenue
as payment for the Participating City’s District Court Services. The percentage of Local
Court Revenue retained by the County shall be the percentage necessary to pay the
Participating City’s Case Costs. This percentage shall be based on the prior year's
reconciliation. The Participating City shall receive any remaining Local Court Revenue.
In order to more closely match Local Court Revenue retained by the County with
Participating City Case Costs (and thus lessen the amount of any additional payment or
refunds pursuant to Section 4.5), the Participating City shall adjust the percentage
retained by the County after July 31 of each year, for the following twelve months, based
on the reconciliations of the prior year.
4.5 Reconciliation Adjustments. In the event the reconciliation completed pursuant
to this Agreement shows that the Local Court Revenue retained by the County in the
prior year was less than the Participating City’s Case Costs for that year, the Participating
City shall pay the difference to the County within 75 calendar days of receipt of a written
invoice from the County. In the event the reconciliation completed pursuant to this
Agreement shows that the Local Court Revenue retained by the County in the prior year
was more than the Participating City Case Costs for that year, the County shall pay the
difference to the Participating City within 75 calendar days of the County’s completion of
the reconciliation or, at the Participating City’s option provided in writing to the County,
credit the Participating City with such amount for the following year or extended term of
this Agreement, if any.
4.6 Filing Fees. The County retention of Local Court Revenue and the process for
reconciliation and additional payments/reimbursements is in lieu of direct Participating
City payment for filing fees and it is agreed by the Participating City and County to be
payment for District Court Services provided by the County to the Participating City
under this Agreement.
4.7 Local Court Revenue after Expiration or Termination. Any Local Court
Revenue received after the expiration or termination of this Agreement for cases filed
during the term of this Agreement shall be distributed to the Participating City, less any
costs owed to the County, unless an amendment to this Agreement is executed.
4.8 One-Time Costs for District Court Technology and System Improvement
Projects.
4.8.1 One-Time Costs for Technology and System Improvement Projects are
defined as the costs associated with the development and implementation
of District Court technology and System improvement projects. The
District Court shall involve the Participating Cities in its planning for
technology and system improvement projects as described in Exhibit C.
The Participating Cities shall contribute each year to a reserve fund to
cover one-time costs for technology and system improvement projects in
excess of $100,000. Exhibit C sets forth the amount of the Participating
Page 43 of 50
1/7/2021 15
Cities’ annual contribution to the reserve for one-time costs for technology
and system improvement projects. Technology and system improvement
projects which in total are less than $100,000 in any year will be included
as a reimbursable Participating City Case Cost under Exhibit A.
4.9 Local Court Revenue. Local Court Revenue includes all fines, filing fees,
forfeited bail, penalties, court cost recoupment and parking ticket (including photo
enforcement) payments derived from City-filed cases after payment of any and all
assessments required by state law thereon. Local Court Revenue includes all revenue
defined above received by the court as of opening of business January 1, 2022. Local
Court Revenue excludes:
(a) Payments to a traffic school operated by a City;
(b) Restitution or reimbursement to a City or crime victim, or other restitution
as may be awarded by a judge;
(c) Assessments authorized by statute, such as Domestic Violence and Crime
Victims, used to fund local programs;
(d) Probation revenues;
(e) Reimbursement for home detention and home monitoring, public
defender, jail costs, on City filed cases; and
(f) Revenues from Participating City cases filed prior to January 1, 2000.
4.9.1 All revenue excluded from Local Court Revenue shall be retained by the
County or the Participating City to whom such revenue is owed.
4.9.2 A Participating City will not start a traffic violations bureau during the
term of this Agreement.
4.10 Monthly Reporting and Payment to Participating City. The County will
provide to a Participating City monthly remittance reports and payment for the
Participating City’s share of Local Court Revenue no later than three (3) business days
after the end of the normal business month. On a monthly basis, the County will provide
to the Participating City reports listing Participating City cases filed and revenue received
for all Participating City cases on which the Local Court Revenue is calculated.
4.11 Payment of State Assessments. The County will pay on behalf of a Participating
City all amounts due and owing the State relating to Participating City cases filed at the
District Court out of the gross Court revenues received by the District Court on those
cases. The County assumes sole responsibility for making such payments to the State as
agent for the Participating City in a timely and accurate basis. As full compensation for
providing this service to the Participating City, the County shall be entitled to retain any
interest earned on these funds prior to payment to the State.
5.0 DISPUTE RESOLUTION.
Page 44 of 50
1/7/2021 16
Any issue may be referred to dispute resolution if it cannot be resolved to the satisfaction
of the County, a Participating City, and/or the Participating Cities. Depending on the
nature of the issue, there are different dispute resolution processes, described as follows:
5.1 Facility Dispute. Disputes arising out of facility operation and management
practices which are not resolved by the CFMRC may be referred by the County or a
Participating City in writing to all representatives of the DCMRC as designated in
Section 2.3. If the DCMRC is unable to reach mutual agreement within sixty (60)
calendar days of referral, then the dispute may be referred by either the County or a
Participating City to non-binding mediation. Any and all Participating Cities who refer a
dispute regarding the same event to non-binding mediation, will be considered one party
and shall participate as one party for the purposes of mediation. The mediator will be
selected in the following manner: The Participating City(ies) participating in the
mediation shall propose a mediator and the County shall propose a mediator; in the event
the mediators are not the same person, the two (2) mediators shall select a third mediator
who shall mediate the dispute. Alternately, the Participating City(ies) participating in the
mediation and the County may agree to select a mediator through the mediation service
mutually acceptable to both the County and the Participating City(ies). The County and
the Participating City(ies) to the mediation shall share equally in the costs charged by the
mediator or mediation service. By mutual agreement, the DCMRC can establish an
alternative Participating City(ies)’s share of the mediation costs.
5.2 System Wide Disputes. System Wide Disputes are disputes arising out of
District Court system operations or management, or involving the interpretation of this
Agreement in a way that could impact the entire District Court system and other
Participating Cities with an agreement for District Court services. System Wide Disputes
also include disputes resulting from the following events: (i) changes in state statute or
regulation, state and or local court rule, Participating City or County ordinance, or
exercise of court management authority vested by GR 29 in the Chief Presiding Judge,
requiring the County to provide new court services reasonably deemed to substantially
impact the cost of providing District Court Services, or material reductions or deletions of
the District Court Services included in this Agreement that occurred for a period of at
least six (6) consecutive months; or (ii) any decree of a court of competent jurisdiction in
a final judgment not appealed from substantially altering the economic terms of this
Agreement; or (iii) changes in state statute or regulation, state and or local court rule, or
Participating City or County ordinance, which substantially alter the revenues retained or
received by either the County or the Participating City related to Participating City’s case
filings;
5.2.1. System Wide Disputes may be referred in writing by the County or
a Participating City to all representatives of the DCMRC as designated in
Section 2.3. If the DCMRC is unable to resolve the dispute within ninety
(90) calendar days of referral (or within a different amount of time by
mutual agreement of the DCMRC), then the dispute may be referred by
Page 45 of 50
1/7/2021 17
either the County or the Participating City to non-binding mediation,
conducted in the manner described in Section 5.1.
5.2.2. If a System Dispute is referred to mediation, all Participating Cities may
participate in the mediation and will be bound by any agreement that
comes out of mediation even if they choose not to attend. The County
shall pay 50% of the mediator’s costs and the Participating Cities shall pay
50% of the mediator’s costs. The Cities shall contribute to their share of
mediator’s costs based on the proportion of the Participating Cities
weighted caseload for the prior year. By mutual agreement, the DCMRC
can establish an alternative means to establish a Participating City’s share
of the mediator’s costs.
5.3 If a dispute is unable to be resolved, any party may invoke the termination
provision of this Agreement.
6.0 RE-OPENER.
The County and all Participating Cities may agree to enter into re-negotiation of the terms
of this Agreement at any time and for any purpose by mutual agreement in writing. The
Agreement shall remain in full force and effect during such negotiations.
7.0 WAIVER OF BINDING ARBITRATION.
The Parties waive and release any right to invoke binding arbitration under RCW
3.62.070, RCW 39.34.180 or other applicable law as related to this Agreement, any
extension or amendment of this Agreement, or any discussions or negotiations relating
thereto.
8.0 INDEMNIFICATION.
8.1 City Ordinances, Rules and Regulations. In executing this Agreement, the
County does not assume liability or responsibility for or in any way release the City from
any liability or responsibility which arises in whole or in part from the existence or effect
of City ordinances, rules or regulations, policies or procedures. If any cause, claim, suit,
action or administrative proceeding is commenced in which the enforceability and/or
validity of any City ordinance, rule or regulation is at issue, the City shall defend the
same at its sole expense and if judgment is entered or damages are awarded against the
City, the County, or both, the City shall satisfy the same, including all chargeable costs
and attorney fees.
8.2 Indemnification.
8.2.1 Each Party to this Agreement shall protect, defend, indemnify, and save
harmless the other Party, its officers, officials, employees, and agents,
Page 46 of 50
1/7/2021 18
while acting within the scope of their employment as such, from any and
all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, the Party’s negligent acts or omissions. No Party
will be required to indemnify, defend, or save harmless the other Party if
the claim, suit, or action for injuries, death, or damages is caused by the
sole negligence of the other Party. Where such claims, suits, or actions
result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the
extent of each Party’s own negligence. Each of the Parties agrees that its
obligations under this subparagraph extend to any claim, demand, and/or
cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, each of the Parties, by mutual negotiation, hereby
waives, with respect to each of the other Parties only, any immunity that
would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event that any of the Parties
or combination of the Parties incurs any judgment, award, and/or cost
arising therefrom, including attorney fees, to enforce the provisions of this
Section, all such fees, expenses, and costs shall be recoverable from the
responsible Party or combination of the Parties to the extent of that
Party’s/those Parties’ culpability. This indemnification shall survive the
expiration or termination of this Agreement.
8.2.2 With respect to any technology provided by the County for use by the City
pursuant to this Agreement, the County shall defend the City and the
City's officers and directors, agents, and employees, against any claim or
legal action brought by a third party arising out of a claim of infringement
of U.S. patent, copyrights, or other intellectual property rights, or
misappropriation of trade secrets, in connection with the use of the
technology by the City so long as the City gives prompt notice of the
claim or legal action and the City gives the County information,
reasonable assistance, and sole authority to defend or settle any such claim
or legal action. The County shall have no liability to defend the City to
the extent the alleged claim or legal action is based on: (i) a modification
of the technology by the City or others authorized by the City but not by
the County; or (ii) use of the technology other than as approved by the
County.
8.3 Actions Contesting Agreement. Each Party shall appear and defend any action
or legal proceeding brought to determine or contest: (i) the validity of this Agreement; or
(ii) the legal authority of the City and/or the County to undertake the activities
contemplated by this Agreement. If both Parties to this Agreement are not named as
parties to the action, the Party named shall give the other Party prompt notice of the
action and provide the other an opportunity to intervene. Each Party shall bear any costs
and expenses taxed by the court against it; any costs and expenses assessed by a court
against both Parties jointly shall be shared equally.
Page 47 of 50
1/7/2021 19
9.0 INDEPENDENT CONTRACTOR.
Each Party to this Agreement is an independent contractor with respect to the subject
matter herein. Nothing in this Agreement shall make any employee of the City a County
employee for any purpose, including, but not limited to, for withholding of taxes,
payment of benefits, worker’s compensation pursuant to Title 51 RCW, or any other
rights or privileges accorded City employees by virtue of their employment. At all times
pertinent hereto, employees of the County are acting as County employees and
employees of the City are acting as City employees.
10.0 NOTICE.
Unless otherwise provided herein, any notice or other communication given hereunder
shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent
by certified or registered mail, return receipt requested, addressed as follows, or to such
other address as may be designated by the addressee by written notice to the other Party:
To the County: King County Executive, 701 Fifth Avenue, Suite 3210, Seattle,
Washington 98104
To the City:
__________________________________________________________________
__________________________________________________________________
(insert title of mayor, City manager, or City administrator and address)
In addition to the requirements for notice described above, a copy of any notice or other
communication may be provided to the Chief Presiding Judge of the District Court.
11.0 PARTIAL INVALIDITY.
Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law. Any provision of this
Agreement which shall prove to be invalid, unenforceable, void, or illegal shall in no way
affect, impair, or invalidate any other provisions hereof, and such other provisions shall
remain in full force and effect. Notwithstanding the foregoing, this Agreement shall be
subject to re-negotiation as provided in Section 6.0.
12.0 ASSIGNABILITY.
The rights, duties and obligations of either Party to this Agreement may not be assigned
to any third party without the prior written consent of the other Parties, which consent
shall not be unreasonably withheld.
13.0 CAPTIONS.
Page 48 of 50
1/7/2021 20
The section and paragraph captions used in this Agreement are for convenience only and
shall not control or affect the meaning or construction of any of the provisions of this
Agreement.
14.0 FORCE MAJEURE.
The term “force majeure” shall include, without limitation by the following enumeration,
acts of Nature, acts of civil or military authorities, fire, terrorism, accidents, shutdowns
for purpose of emergency repairs, lockouts, strikes, and any other labor, civil or public
disturbance, inability to procure required construction supplies and materials, delays in
environmental review, permitting, or other environmental requirement or work, delays as
a result of legal or administrative challenges brought by parties other than signatories to
this Agreement, delays in acquisition of necessary property or interests in property,
including the exercise of eminent domain, or any other delay resulting from any cause
beyond a party’s reasonable control, causing the inability to perform its obligations under
this Agreement. If the County is rendered unable, wholly or in part, by a force majeure, to
perform or comply with any obligation or condition of this Agreement then, upon giving
notice and reasonably full particulars to the City, such obligation or condition shall be
suspended only for the time and to the extent reasonably necessary to allow for
performance and compliance and restore normal operations. For purposes of this
Agreement, “force majeure” shall not include reductions or modifications in District
Court Services caused by or attributable to reductions or modifications to the budget of
the King County District Court as adopted or amended by the Metropolitan King County
Council.
15.0 ENTIRE AGREEMENT.
This Agreement, inclusive of the Exhibits hereto, contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof, and supersedes all
prior oral or written understandings, agreements, promises or other undertakings between
the Parties.
16.0 GOVERNING LAW.
This Agreement shall be interpreted in accordance with the laws and court rules of the
State of Washington in effect on the date of execution of this Agreement. In the event
either Party deems it necessary to institute legal action or proceedings to ensure any right
or obligation under this Agreement, the Parties hereto agree that such action or
proceedings shall be brought in a court of competent jurisdiction situated in King County,
Washington.
17.0 NO THIRD-PARTY RIGHTS.
Except as expressly provided herein, nothing in this Agreement shall be construed to
permit anyone other than the Parties hereto and their successors and assigns to rely upon
the covenants and agreements herein contained nor to give any such third party a cause of
Page 49 of 50
1/7/2021 21
action (as a third-party beneficiary or otherwise) on account of any nonperformance
hereunder.
18.0 COUNTERPARTS.
This Agreement may be executed in counterparts, and each such counterpart shall be
deemed to be an original instrument. All such counterparts together will constitute one
and the same Agreement.
19.0 AMENDMENT OR WAIVER.
This Agreement may not be modified or amended except by written instrument approved
by the City and the County; provided that changes herein which are technical in nature
and consistent with the intent of the Agreement may be approved on behalf of the City by
its chief executive officer and on behalf of the County by the County Executive. No
course of dealing between the Parties or any delay in exercising any rights hereunder
shall operate as a waiver of any rights of any Party.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the
dates indicated.
King County City of
King County Executive Title:
Date: Date:
Approved as to Form: Approved as to Form:
King County Deputy Prosecuting City Attorney
Attorney
Page 50 of 50