HomeMy WebLinkAbout04-19-2021 CITY COUNCIL AGENDA PACKETCity Council Meeting
April 19, 2021 - 7:00 P M
Virtual
A GE NDA
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I .C AL L T O O RD E R
I I .V I RT UAL PART IC I PAT I O N L I NK
1.Virtual P articipation L ink
T he Auburn City Council Meeting scheduled for Monday, April 19, 2021 at 7:00
p.m. will be held virtually and telephonically. To attend the meeting virtually please
click one of the below links, enter the meeting I D into the Zoom app, or call into
the meeting at the phone number listed below.
Per Governor I nslee's E mergency Proclamation 20-05 and 20-28 et. seq. and
Stay S afe-Stay Healthy, the City of A uburn is holding public meetings virtually at
this time.
City of A uburn Resolution No. 5581, designates City of A uburn meeting locations
for all Regular, S pecial and Study Session Meetings of the City Council and of the
Committees, Boards and Commissions of the City as Virtual L ocations.
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, iPhone or Android device:
Please click one of the below UR L to join.
Z O O M: https://zoom.us/j/94702214569
YouTube: https://www.youtube.com/user/watchauburn/live/?nomobile=1
Or join by phone:
253 215 8782
877 853 5257 (Toll F ree)
Webinar I D: 947 0221 4569
A .P ledge of Allegiance
B .Roll Call
I 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
Page 1 of 104
A .A rbor Day P roclamation
Mayor Backus to proclaim A pril 27, 2021 as "Arbor Day" in the city of A uburn.
I V.AP P O I NT M E NT S
A .S alary Commission
City Council to confirm the appointment of Grantley Martelly to the S alary Commission
for a four year term to expire December 31, 2024.
V.AG E ND A M O D I F IC AT I O NS
V I .NE W B US I NE S S
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
Participants can submit written comments via mail, fax or email. A ll 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.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
2.Grocery Worker Hazard Pay (Chair DaCorsi)
I X.C O NS E NT AG E ND A
Page 2 of 104
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 April 5, 2021 Regular City Council Meeting
B .Minutes of the April 12, 2021 S tudy S ession
C.Claim Vouchers (Thomas)
Claim voucher list dated A pril 19, 2021 which includes voucher numbers 463017
through 463157 in the amount of $4,100,273.70 and eight wire transfers in the amount
of $498,832.99
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539131 through 539136 in the amount of $75,422.96, and
electronic deposit transmissions in the amount of $2,331,066.42, for a grand total of
$2,406,489.38 for the period covering March 31, 2021 to April 13, 2021
E .A uburn Resource Center Construction P roject (Comeau)
City Council to approve an agreement with Kelly-T homas Inc. for Construction at the
Auburn Resource Center
(R ECOMMENDE D A C T I ON: Move to approv e the Conse nt Agenda.)
X .UNF INIS HE D B US I NE S S
X I .O RD INANC E S
A .Ordinance No. 6817 (Tate)
A n Ordinance relating to camping and occupying City Property, amending Ordinance
No. 6781 and Chapters 2.22 and 9.50 of A uburn City Code
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6817.)
X I I .RE S O L UT IO NS
A .Resolution No. 5588 (Gaub)
A Resolution authorizing the Mayor to execute an interlocal agreement between the
City of Auburn and the City of P acific relating to the City of Pacific’s S tewart Road
I mprovements P roject
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5588.)
B .Resolution No. 5590 (Thomas)
A Resolution authorizing an agreement between the City and K ing County to implement
the 2021-2022 Waste Reduction and Recycling Grant Program and Accepting
P rogram Grant F unds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5590.)
Page 3 of 104
C.Resolution No. 5591 (Thomas)
A Resolution authorizing an agreement between the City and S eattle-K ing County
Department of Public Health to implement the 2021-2022 L ocal Hazardous Waste
Management Program and accepting program grant funds
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5591.)
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 time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I 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 review
at the City Clerk's Office.
Page 4 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 5, 2021 Regular City Council Meeting
Date:
April 13, 2021
Department:
Administration
Attachments:
04-05-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 19, 2021 Item Number:CA.A
Page 5 of 104
City Council Meeting
April 5, 2021 - 7:00 P M
Virtual
MINUT E S
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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: B ob Baggett, L arry B rown, J ames
J eyaraj, Robyn Mulenga, Chris S tearns and Yolanda Trout-Manuel. D eputy
Mayor Claude DaC orsi and C ouncilmember R obyn Mulenga were
excused.
Mayor Nancy B ackus, Technical S upport S pecialist Danika O lson and City
C lerk S hawn C ampbell were in Chambers.
The f ollowing department directors and staff members attended the
meeting virtually: Senior City S taf f A ttorney Doug Ruth, D irector of F inance
J amie T homas, Director of P ublic Works I ngrid Gaub, A ssistant Director
of Human Resources A aron B arber, Director of Parks, A rts, and
R ecreation D aryl Faber, Assistant Police Chief Mark Caillier and A ssistant
D irector of I nnovation and Technology Ashley Riggs.
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.P roclamation - S exual A ssault Awareness Month
Mayor B ackus to proclaim April 2021 as "Sexual Assault Awareness Month" in the C ity
of A uburn
Mayor B ackus read and proclaimed A pril 2021 as "Sexual A ssault
Awareness Month" in the City of A uburn.
L aurel R edden from King County Sexual Assault R esource C enter
Page 1 of 5Page 6 of 104
(K C S A R C ) accepted the proclamation and thanked the Mayor and Council
for their support.
B.P roclamation - S ikh Heritage Day
Mayor B ackus to proclaim April 14, 2021 as "Sikh Heritage D ay" in the C ity of A uburn
Mayor B ackus read and proclaimed A pril 14, 2021 as "S ikh Heritage D ay"
in the C ity of A uburn.
C .P roclamation - National Public S af ety Telecommunicators
Week
Mayor B ackus to proclaim April 12-18, 2021 as "National P ublic Safety
Telecommunicators Week" in the C ity of A uburn
Mayor B ackus read and proclaimed A pril 12-18, 2021 as "National Public
S afety Telecommunicators Week" in the C ity of A uburn.
D .P ublic Health Week
Mayor B ackus proclaimed the Week of April 5, 2021 as P ublic Health Week in the City
of A uburn
The Mayor read and proclaimed the week of April 5, 2021 as "P ublic
Health Week" in the City of A uburn.
I V.AP P O INT M E NT S
A.Transportation A dvisory Board
C ity C ouncil to conf irm the appointment of Christian F altenberger to the Transportation
A dvisory B oard, serving as the A uburn Chamber of Commerce representative, for a
three year term to expire December 31, 2023
C ouncilmember Trout-Manuel moved and C ouncilmember B rown
seconded to appoint C hristian F altenberger to the Transportation Advisory
B oard f or a three-year term to expire D ecember 31, 2023.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V I .NE W B US INE S S
T here was no new business.
V I 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.
Page 2 of 5Page 7 of 104
1.Virtual Participation
A lison Eisinger, Gretchen Marshall, L omasi Marshall, K orama
W illiams, Serena Forward-R odriguez, Gina Custer, K elly Curley,
R obin C orak, RaShay Reading, B reanne Schuster, C assie Dallas,
R everend B ill Kirlin-Hackett and Katharine Nyden provided
comments opposing proposed Ordinance No. 6817.
J eff Anderson expressed concerns about Ordinance No. 6815.
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman expressed concerns about propane tank safety.
C .C orrespondence
There was no correspondence f or Council to review.
V I 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)
C ouncilmember Baggett, C hair of the F inance ad hoc committee,
reported he and Councilmember J eyaraj have reviewed the claims
and payroll vouchers described on the C onsent Agenda this evening
and recommended their approval.
2.G rocery Worker Hazard P ay (C hair D aCorsi)
C ouncilmember Brown, Member of the Grocery Worker Hazard P ay
ad hoc committee, reported he, D eputy Mayor DaCorsi and
C ouncilmember J eyaraj meet with the City Attorney last week and will
meet again later this week.
I X.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 15, 2021 Regular Council Meeting
B.Minutes of the March 22, 2021, March 29, 2021 Study S ession
C .C laim Vouchers (T homas)
C laim voucher list dated April 5, 2021 which includes voucher numbers 462853
through 463016 in the amount of $2,798,572.65 and nine wire transfers in the amount
of $809,619.15
Page 3 of 5Page 8 of 104
D .P ayroll Vouchers (Thomas)
P ayroll check numbers 539126 through 539130 in the amount of $602,077.41, and
electronic deposit transmissions in the amount of $2,148,579.29, for a grand total of
$2,750,656.70 for the period covering March 10, 2021 to March 30, 2021
C ouncilmember Baggett moved and C ouncilmember Brown seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X .UNF I NI S HE D B US I NE S S
There was no unfinished business.
X I .O RD I NANC E S
A.Ordinance No. 6815 (Thomas)
A n O rdinance amending Ordinance No. 6794, the 2021-2022 Biennial Operating
B udget O rdinance, and Ordinance No. 6796, the 2021-2022 B iennial Capital B udget,
authorizing amendment to the City of Auburn 2021-2022 B udget as set f orth in
S chedule “A ” and S chedule “B ”
C ouncilmember Stearns moved and Councilmember Trout-Manual
seconded to adopt Ordinance No. 6815.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X I I .RE S O L UT IO NS
A.R esolution No. 5584 (Martinson)
A R esolution authorizing the Mayor and C ity C lerk to execute an agreement between
the City of Auburn and C ayce & G rove f or P ublic Defense S ervices
C ouncilmember Brown moved and Councilmember J eyaraj seconded to
adopt Resolution No. 5584.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
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
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
C ouncilmember Trout-Manuel reported she attended the Regional L aw,
S afety and J ustice C ommittee Meeting.
C ouncilmember Baggett reported he attended the King County R egional
Transit C ommittee Meeting.
Page 4 of 5Page 9 of 104
C ouncilmember Stearns reported he attended the National L eague of
C ities briefing on the American Rescue plan and the King County C lean
Water Plan brief ing.
B.Fr om the M ayor
Mayor B ackus reported she participated in the Sound Transit R ealignment
C ommittee, attended the Special R egional P olicy Committee Meeting, the
P eter C ottontrail event at L es G ove and provided an interview at Multicare
A uburn Medical Center for their 100th birthday. She also invited everyone
to participate in the Youth Town Hall on T hursday April 8th, 2021.
X I V.AD J O URNM E NT
There being no further business to come bef ore the Council, the meeting
was adjourned at 7:42 p.m.
A P P R O V E D this 19th day of A pril, 2021.
_____________________________ ____________________________
NA NC Y B A C K US , MAYO R Shawn C ampbell, 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 5 of 5Page 10 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 12, 2021 Study Session
Date:
April 14, 2021
Department:
Administration
Attachments:
04-12-2021 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 19, 2021 Item Number:CA.B
Page 11 of 104
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
April 12, 2021 - 5:30 P M
Virtual
MINUT E S
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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.
I I .Virtual Participation L ink
A .Virtual Participation L ink
The City Council Meeting was held virtually.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel. Councilmember Trout-Manuel left the meeting at
8:00 p.m.
Mayor Nancy Backus, I nnovation and Technical Support S pecialist Danika
Olson, Police Chief Dan O'Neil and City Clerk Shawn Campbell were in
Chambers.
The following department directors and staff members attended the
meeting virtually: City Attorney Kendra Comeau, Senior City S taff Attorney
Harry B oesche, Director of Community Development J eff Tate, Director
of P ublic Works I ngrid Gaub, Director of P arks, A rts, and Recreation Daryl
Faber, Director of F inance J amie T homas, Director of Administration
Dana Hinman, Assistant Finance Director K evin F uhrer, Director of Human
Resources Candis Martinson, Director of I nnovation and Technology
David Travis, Capital & Construction Engineering Manager Ryan Vondrak,
S enior Project Engineer Matt L arson and Outreach Program
A dministrator Kent Hay.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Facility Needs Assessment and Master P lan – Draft Final P lan Briefing (Gaub)(45
Minutes)
Page 1 of 4Page 12 of 104
S enior Project Engineer L arson introduced J ulie B assuk and B eth
B atchelder from Makers Architects. They provided Council with a project
overview, project goals, major findings and recommendations, alternative
analysis findings, initial draft recommendations, updated
recommendations, facility maintenance recommendations, a draft phasing
and financing plan, facilities maintenance funding, a capital spending plan,
a draft financing strategy, potential impacts to the General Fund and the
Utility Fund, the benefits of the plan, and the final steps for the F acility
Needs Assessment.
Council discussed the differences in the initial plan and the amended
recommendations, the size of property needed for a police campus, timing
of funding, plans for the current J ustice Center, community use of ball
fields, outsourcing services and eligible purchases with bond funding.
B .Ordinance No. 6817 (Tate)(30 Minutes)
A n Ordinance amending Chapters 2.22 and 9.50 of A uburn City Code as it relates to
camping on City property, providing for an admonishment process and administrative
appeal
Director Tate provided Council with a presentation on Ordinance No. 6814.
He explained why Staff is bringing the proposed ordinance before Council,
he shared photos and videos of an encampment that is typical of
encampments around Auburn, the immediate required responses, factors
to consider after an encampment is cleaned up, a map of known
encampments locations, cost of cleanup in the last 6 months, estimated
future costs, comments from residents, business owners, and the P olice
A dvisory Committee, the availability of the Auburn Community Court as a
diversionary court, the sheltering services available in the community both
locally and regionally. I f staff has a trespass option, it will only be used if
there are services available and not accepted and the individual also
refuses to leave the area.
A ttorney B oesche provided Council with the different scenario if someone
is issued an infraction opposed to an criminal citation. Chief O'Neil
described what a trespass admonishment looks like from the police
interaction side.
Christian F altenberger, General Manager of the Outlet Collection thanked
the Staff and Council for allowing him share on behalf of the local business
owners. He stated the property owners are working together to maintain
their properties. L ocal businesses receive complaints daily regarding the
aggressive panhandling and garbage near their properties. He encouraged
the Council to use all the tools available to maintain City owned property.
He asked Council to hold all residents accountable.
Debbie Christian, E xecutive Director for the Auburn F ood B ank
encouraged people to not give to people who are panhandling, she stated
services are offered to people through the shelter. Ms. Christian
encouraged Council to hold all residents accountable.
Page 2 of 4Page 13 of 104
Council discussed services people need, unhoused people that
have died, the impacts of homelessness, the cost of housing, living wage
jobs, the diversion program of Community Court, the living conditions in
the encampments, the impact on the environment, capacity for providing
services, other jurisdictions with similar ordinances and how the City is
dealing with the mental health concerns.
Deputy Mayor DaCorsi called for a 7 minute recessed at 8:08 p.m. The meeting
reconvened at 8:15 p.m.
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .Ordinance No. 6814 (T homas)(30 Minutes)
Draft B&O Tax Code
Councilmember B aggett presided over this section of the meeting.
Director T homas presented Council with proposed Ordinance No. 6814.
S he explained the purpose of the proposed B usiness and Occupation
(B &O) Tax. S he reviewed the General F und forecasts, expected
expenditure growth and revenue growth, she reviewed the considerations
for balancing the budget, options for budget cuts, proposed B &O square
footage tax, an alternative tax structure, and the pros and cons of
the proposed options.
Council discussed sharing the burden across many businesses, increasing
needs within the General F und, why warehouses are charged differently
then other types of businesses, services that the City would not be able to
offer if there was not sufficient revenue and budget cuts.
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 .NE W B US I NE S S
There was no new business.
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 9:12 p.m.
A P P R O V E D this 19th day of April, 2021.
_______________________________ ___________________________
C L A UD E D A C O R S I , D E P UT Y MAYO R Shawn 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
Page 3 of 4Page 14 of 104
at the City Clerk's Office.
Page 4 of 4Page 15 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
April 14, 2021
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 for Motion:
Background Summary:
Claim voucher list dated April 19, 2021 which includes voucher numbers 463017 through
463157 in the amount of $4,100,273.70 and eight wire transfers in the amount of
$498,832.99.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:April 19, 2021 Item Number:CA.C
Page 16 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
April 14, 2021
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 for Motion:
Background Summary:
Payroll check numbers 539131 through 539136 in the amount of $75,422.96, and electronic
deposit transmissions in the amount of $2,331,066.42, for a grand total of $2,406,489.38 for
the period covering March 31, 2021 to April 13, 2021.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:April 19, 2021 Item Number:CA.D
Page 17 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Resource Center Construction Project (Comeau)
Date:
April 15, 2021
Department:
Administration
Attachments:
Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
approve consent agenda
Background for Motion:
Background Summary:
The City and Kelly-Thomas, Inc. (Contractor) entered into an Agreement on March 19, 2021
for real property construction at the City’s Resource Center located at 2802-2816 Auburn
Way S. The project scope of work and corresponding compensation due to Contractor was
outlined in proposal #8087, attached as Exhibit A to the March 19 Agreement. However, after
entering the March 19 Agreement but before Contractor performed any services or furnished
any materials under it, the City expanded the project scope of work to include construction to
a bathroom for Auburn Community Court staff and other small construction items related to
the performance of the site as both the Community Court and Resource Center. On April 5,
2021, the City solicited bids for the expanded project scope, with responses due on or
before April 12, 2021. Contractor submitted the only bid. City staff recommend acceptance
of the Contractor’s bid and has drafted this Agreement with the new project scope of work
and associated cost/compensation due to Contractor. The parties will also mutually agree to
terminate the March 19 Agreement without fault, cost or damages to either party and to
replace it with this Agreement, which shall define the parties’ intentions regarding their
respective rights and obligations regarding the project.
Rev iewed by Council Committees:
Councilmember:Staff:Comeau
Meeting Date:April 19, 2021 Item Number:CA.E
Page 18 of 104
Page 19 of 104
Agreement # 8101 _ARC_Demising_Walls_Construction
April 15, 2021
Page 1 of 18
CITY OF AUBURN
AGREEMENT FOR SERVICES
Kelly-Thomas Inc. – Construction of
ARC Demising Walls
THIS AGREEMENT made and entered into on this _______ of , 2021, by
and between the CITY OF AUBURN (“City”), a municipal corporation of the State of Washington,
and Kelly-Thomas, Inc. (“Contractor”), whose address is 26318 Entwhistle Road East, Buckley,
Washington 98321.
RECITALS:
WHEREAS, the City and Contractor entered a March 19, 2021 Agreement (March 19
Agreement) for real property construction at the City’s Resource Center located at 2802-2816
Auburn Way S. (project). The project scope of work and corresponding compensation due to
Contractor was outlined in proposal #8087, attached as Exhibit A to the March 19 Agreement;
WHEREAS, after entering the March 19 Agreement but before Contractor performed any
services or furnished any materials under it, the City expanded the project scope of work. On
April 5, 2021, the City solicited bids for the expanded project scope, with responses due on or
before April 12, 2021. Contractor submitted the only bid in the form of its proposal #8101, which
is attached as Exhibit A to this Agreement;
WHEREAS, the City intends to accept Contractor’s proposal #8101 as the new project scope of
work and associated cost/compensation due to Contractor. The parties further mutually agree to
terminate the March 19 Agreement without fault, cost or damages to either party and to replace it
with this Agreement, which shall define the parties’ intentions regarding their respective rights and
obligations regarding the project.
In consideration of the conditions and the mutual promises and covenants contained in this
Agreement, the parties agree as follows:
1. Scope of Services
The Contractor agrees to perform the tasks described in its proposal #8101, which is
attached as Exhibit “A”. The Contractor will be responsible to provide work products and
services of a quality and professional standard acceptable to the City. The Contractor will,
without additional compensation, correct or revise any negligent errors, omissions or other
deficiencies in its plans, designs, drawings, specification, reports and other services
required, whether during or after the Term of this Agreement. Any approval by the City of
Contractor’s services will not in any way relieve the Contractor of responsibility for the
accuracy and adequacy of its services.
The Contractor shall obtain and pay for all electrical permits, fees, charges and inspections.
The City shall obtain and pay for all other permits.
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If any part of the Contract requires Work that does not include a description for how the
Work is to be performed, the Work shall be performed in accordance with standard trade
practice(s). For purposes of the Contract, a standard trade practice is one having such
regularity of observance in the trade as to justify an expectation that it will be observed
by the Contractor in doing the Work.
The Contractor agrees he has satisfied himself as to the nature and location of the Work,
the character, quantity and kind of equipment needed during the execution of the Work, the
location, conditions and other matters which can in any manner affect the Work under this
Contract, and acknowledges that he has had a reasonable opportunity to examine the
Project site. Reference Information, whether written or oral, provided to the Contractor is
not part of the Contract and there is no guarantee of its accuracy. Any use of Reference
Information by the Contractor is done solely at the Contractor’s risk.
The Contractor shall regularly and promptly remove all refuse, waste and debris produced
by his operation. Refuse shall not be permitted to accumulate to the extent that it interferes
with free access to the jobsite. Compliance with all safety requirements of good
housekeeping is an essential part of the Contractor's obligation. In the event of the
Contractor's failure or refusal to meet these requirements, and after 7-days notification,
refuse removal may be done by the City and charged against the account of the Contractor.
2. Contractor’s Representations & Qualifications
The Contractor represents and warrants that it has all necessary licenses and certifications
to perform the services provided for in the Agreement, and is qualified to perform those
services. Contractor represents that the person signing this Agreement on behalf of
Contractor has all requisite authority to bind Contractor to the terms and conditions of this
Agreement.
3. Compensation
As compensation for the Contractor’s performance of the services provided for in this
Agreement, the City will pay the Contractor the fees and costs specified in Exhibit “B”
subject to additions and deductions by Change Order as provided in the Contract
Documents. These payments will be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, overhead, profit, and incidentals
necessary to complete the work. No payment shall be issued until a Statement of Intent to
Pay Prevailing Wages form, for the Contractor and each and every Subcontractor, has been
approved by the State Department of Labor & Industries, and is received by the City.
The Contractor will submit to the City an invoice upon completion and delivery to the City of
those deliverables described in the scope of work, or a proportionate share of work
completed if the work schedule extends beyond 30 days from the Notice to Proceed letter,
and the City upon acceptance of the invoice will process the invoice in the next billing/claim
cycle, and will remit payment to the Contractor, subject to any conditions or provisions in
this Agreement or Amendment, including retainage provisions. The Agreement number
(#8101) must appear on all invoices submitted. Copies of original supporting documents
will be supplied to the City upon request. Subsequent invoices shall be submitted every 30
days.
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The not-to-exceed amount for this agreement is ONE HUNDRED ONE THOUSAND SEVEN
HUNDRED NINETY FOUR DOLLARS AND SIX CENTS ($101,794.06). The Contractor will
not undertake any work or otherwise financially obligate the City in excess of this amount
without prior written authorization consistent with this agreement.
Compensation to be paid the Contractor in succeeding years after the current year will be
contingent upon availability of funds.
4. Retainage and Prevailing Wages
Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of
Washington Department of Labor & Industries prior to commencing the Contract work. The
Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The
prevailing wage rate revision effective date, April 5, 2021 is attached as Exhibit C and by
this reference incorporated herein and made a part hereof. No payment shall be issued
until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and
every subcontractor, has been approved by the State Department of Labor & Industries, and
is received by the City. Retainage, if applicable, shall not be released until an Affidavit of
Wages Paid form for the Contractor and each and every subcontractor, has been approved
by the State Department of Labor & Industries, and is received by the City.
The Contractor shall furnish the City with an executed performance bond for the full Contract
amount, unless the contact amount is $150,000.00 or less and the Contractor has elected
to have 10% retainage held by the City, in which case a performance bond is not required
for this project. The Contractor shall execute a “Declaration of Option for Performance Bond
or Additional Retainage” to indicate the option.
If the Contractor elects to furnish a performance bond, the City shall hold back retainage in
the amount of 5% of any and all payments made to the Contractor. The Contractor can
choose to have the retainage held by the City in a non-interest bearing account, have it
placed in an Escrow (interest bearing) Account, or submit a bond in lieu of retainage.
If the Contractor elects 10% retainage, the City will hold 10% of the total Contract amount,
pursuant to RCW 39.08.010.
Said retainage shall be held by the City for a period of 30 days after the Completion Date,
or until receipt of all necessary releases from the State Department of Revenue and State
Employment Security Department, including Affidavits of Wages paid for the Contractor and
each and every subcontractor, and until settlement of any liens filed under Chapter 60.28
RCW, whichever is later.
5. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective or
unauthorized work. Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this Contract; and extra work and
materials furnished without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work
by contract or otherwise, and the Contractor shall be liable to the City for any additional
costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal
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costs and attorney fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the Contract work,
including any additional costs, from any and all amounts due or to become due the
Contractor.
6. Time for Performance, Term, and Termination of Agreement
The Contractor will not begin any work under this Agreement until authorized in writing by
the Notice to Proceed by the City. The term of this Agreement commences on the later date
of the Parties execution of this Agreement, as reflected on the signature page. The
Contractor will complete the services in accordance with those tasks provided on Exhibit
“A” and, subject to extensions for authorized change orders, no later than 30
calendar days after the date of the Notice to Proceed. Completion shall be the date on
which the Scope of Work is complete to the extent that it can be occupied or used for its
intended purpose in accordance with this contract. City shall extend the Completion Date
for City-caused delays and/or if a permit is not issued by the time an inspection is needed.
If said work is not completed within the time specified, the Contractor agrees to pay
liquidated damages to the City as follows:
A. The Contractor shall pay liquidated damages for each working day beyond the number
of working days established for physical completion, according to the following formula:
Contract Price (without tax) x 0.15, divided by the original number of working days for
completion.
B. The Contractor authorizes the City to deduct these liquidated damages from any money
due or coming due to the Contractor.
C. Liquidated damages will not be assessed for any days for which an extension of time
is granted. No deduction or payment of liquidated damages will, in any degree, release the
Contractor from further obligations and liabilities to complete the entire Contract.
Termination for cause. Either party may terminate this Agreement upon written notice to
the other party if the other party fails substantially to perform in accordance with the terms
of this Agreement through no fault of the party terminating the Agreement. The notice will
identify the reason(s) for termination, and specify the effective date of termination. In the
event of a default by Contractor, City may suspend all payments otherwise due to Contractor
and the City will have no further obligations to Contractor.
Termination for Convenience. The City may terminate this Agreement upon not less than
seven (7) days written notice, which shall contain the effective date of termination, to the
Contractor. If this Agreement is terminated through no fault of the Contractor, the Contractor
will be compensated for services performed prior to termination in accordance with the rate
of compensation provided in Exhibit “B”. This payment shall fully satisfy and discharge
the City of all obligations and liabilities owed the Contractor, who shall not be liable for any
anticipated profits or other consequential damages resulting from the termination.
Upon receipt of a termination notice, the Contractor will promptly discontinue all services
affected and deliver to the City all data, drawings, specifications, reports, summaries, and
such other information and materials as the Contractor may have accumulated, prepared,
or obtained in performing this Agreement, whether fully or partially completed.
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All rights and remedies provided in this Section are not exclusive of any other rights or
remedies that may be available to the City, whether provided by Law, equity, in any other
agreement between the parties or otherwise.
7. Changes, Protest and Claims
The City may issue a written change order for any change in the Contract work during the
performance of this Contract. If the Contractor determines, for any reason, that a change
order is necessary, the Contractor must submit a written change order request to an
authorized agent of the City within 10 calendar days of the date the facts and events giving
rise to the requested change occurred. The City too may, without invalidating this Contract,
order in writing, extra work or make changes by altering, adding to, or deducting from the
Scope of Work. If the City determines that the change, whether initiated by the City or
Contractor, increases or decreases the Contractor's costs or time for performance, the City
will make an equitable adjustment. The City will attempt, in good faith, to reach agreement
with the Contractor on all equitable adjustments. However, if the parties are unable to agree,
the City will determine the equitable adjustment as it deems appropriate. The Contractor
shall proceed with the change order work upon receiving either a written change order from
the City or an oral order from the City. If the Contractor fails to request a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent
change order requests for that portion of the Contract work. If the Contractor disagrees with
the equitable adjustment, the Contractor must complete the change order work; however,
the Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a change order, another written order, or an oral order from the City, including
any direction, instruction, interpretation, or determination by the City, the Contractor shall:
1.Within 5 days of receiving a written change order or oral order that the Contractor desires
to protest, the Contactor shall give a signed written notice of protest to the City; and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the
Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a result of
the protested work. The City shall have access to any of the Contractor's records needed
for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are followed.
If the City determines that a protest is valid, the City will adjust payment for work or time by
an equitable adjustment. No adjustment will be made for an invalid protest.
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B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in
the way this section provides. A change order that is accepted by the Contractor as provided
in this section shall constitute full payment and final settlement of all claims for Contract time
and for direct, indirect and consequential costs, including costs of delays related to any work,
either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written or oral order (including directions, instructions, interpretations, and
determination).
G. Claims
The Contractor waives right to a claim if they have not followed the protest procedures
outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor
wishes to pursue a claim, the Contractor shall give written notice of claim to the City within
15 calendar days of the City’s notice of its final decision on the Contractor’s protest. Any
claim for damages, additional payment for any reason, or extension of time, whether under
this Contract or otherwise, shall be conclusively deemed to have been waived by the
Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Contract. At a minimum, a Contractor's written claim must include the
information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be
an absolute waiver of any claims arising in any way from the facts or events surrounding
that claim or caused by that delay. The Contractor must, in any event, file any claim or bring
any suit arising from or connected with this Contract prior to signing the Final Payment Form.
8. Warranty.
All defects in workmanship and materials that occur within one year of the Contract
Completion date shall be corrected by the Contractor. When defects are corrected, the
warranty for that portion of the work shall extend for one year from the date such correction
is completed and accepted by the City. The Contractor shall begin to correct any defects
within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor
does not accomplish the corrections within a reasonable time, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to
accomplish the correction.
9. Ownership and Use of Documents
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All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
the Contractor as part of his performance of this Agreement (the “Work Products”) will be
owned by and become the property of the City, may be used by the City for any purpose
beneficial to the City, and are subject to the requirement of the Public Records Act, 42.56
RCW. The Contractor acknowledges that the Agreement, and documents provided in
connection with this Agreement, become a public record and may be subject to inspection
and copying, unless the information is declared by law to be confidential or is otherwise
exempted from public records disclosure requirements. The Contractor agrees to give its
fullest assistance to the City in identifying, locating, and copying any records in the
Contractor’s possession that are responsive, as determined by the City in its sole discretion,
to a Public Records Act request received by the City.
10. Records Inspection and Audit
All compensation payments will be subject to the adjustments for any amounts found upon
audit or otherwise to have been improperly invoiced, and all records and books of accounts
pertaining to any work performed under this Agreement will be subject to inspection and
audit by the City for a period of up to three (3) years from the final payment for work
performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before
the expiration of the three (3) pear period, all records and books of account pertaining to
any work performed under this Agreement will be retained until all litigation, claims, disputes,
or audit are finally resolved.
11. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Agreement is
in effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
will continue to make a good faith effort to cooperate and continue to work toward successful
completion of the delivery of services and its contractual responsibilities.
12. Independent Contractor
The Contractor will perform the services as an independent contractor and will not be
deemed, by virtue of this Agreement and performance of its provisions, to have entered into
any partnership, joint venture, employment or other relationship with the City. Nothing in
this Agreement creates any contractual relationship between the Contractor’s employee,
agent, or subcontractor and the City.
13. Administration of Agreement
This Agreement will be administered by Fred Thomas, on behalf of the Contractor, and by
the Mayor of the City, or designee, on behalf of the City. Any written notices required by the
terms of this Agreement will be served on or mailed to the following addresses:
City of Auburn
Josh Arndt, Real Property
25 West Main St
Auburn WA 98001-4998
Phone: 253.931.4011
Kelly-Thomas, Inc.
Fred Thomas, Partner
26318 Entwhistle Rd. E
Buckley, Washington 98321
Phone: 253.735.3928
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Email: jarndt@auburnwa.gov Cell: 206.786.7480
Email: Fred@Kellythomasinc.com
14. Notices
All notices or communications permitted or required to be given under this Agreement will
be in writing and will be deemed to have been duly given if delivered in person or sent by
regular mail, postage prepaid, [by certified mail, return receipt requested,] and addressed,
if to a party of this Agreement, to the address for the party set forth above. If addressed to
a non-party, the notice will be sent, in the foregoing manner, to the address designated by
a party to this Agreement.
Either party may change its address by giving notice in writing to the other party.
15. Insurance
The Contractor will, at its sole expense, procure and maintain for the duration of this
Agreement and 30 days thereafter insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of this
Agreement by the Contractor, its agents, representatives, or employees.
Contractor’s maintenance of insurance as required by the Agreement will not be construed
to limit the liability of the Contractor to the coverage provided by such insurance, or
otherwise limit the City’s recourse to any remedy available at law or in equity.
The Service Contractor will obtain insurance of the types described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles
used in connection with performance and construction work of at least: $2,000,000
combined single limit for bodily injury and property damage, $4,000,000 general
aggregate (including umbrella limits). Coverage must include the following:
a. Owned vehicles
b. Leased vehicles
c. Hired vehicles
d. Non-owned vehicles
b. Commercial General Liability - at least $2,000,000 per occurrence and $2,000,000
annual aggregate, including Personal Injury Liability, Bodily Injury, Property Damage
Liability and Contractual and Products/Completed Operations Liability naming the City
and Feenix Parkside LLC, as additional insured using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsement providing at least as broad
coverage. Coverage must be primary and non-contribution and include the following:
(i) Premises – Operations
(ii) Elevators and Hoists
(iii) Independent Contractor
(iv) Contractual Liability assumed under the Professional Services Contract
(v) Completed Operations – Products
(vi) Explosion, Underground and Collapse (XUC) Coverage
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c. Workmen’s Compensation – Statutory Limits for the State in which the work is to be
performed, together with “ALL STATES”, “VOLUNTARY COMPENSATION” AND
“FOREIGN COMPENSATION” coverage endorsements.
d. Builders All Risk in the amount of the full replacement cost of the project improvements.
For Automobile Liability and Commercial General Liability insurance, the policies are to
contain, or be endorsed to contain that Contractor’s insurance coverage will be primary
insurance as respects the City and Feenix Parkside LLC. Any insurance, self-insurance, or
self-insurance pool coverage maintained by the City will be excess of the Contractor’s
insurance and will not contribute with it.
Insurance is to be placed with an authorized insurer in Washington State. The insurer must
have a current A.M. Best rating of not less than A:X.
Contractor shall list The City of Auburn, Feenix Parkside LLC and Azose Commercial
Properties all as Additional Insured. All such policies of insurance must contain a provision
that the company writing said policy will give Feenix Parkside LLC thirty (30) days prior
written notice of any cancellation or lapse of the effective date or any reduction in the
amounts of such insurance. As well, the policies shall preclude subrogation claims by the
insurer against anyone insured thereunder.
The Contractor will furnish the City with original certificates of insurance and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of this Agreement before
commencement of the work.
The City reserves the right to require that complete, certified copies of all required insurance
policies and/or evidence of all subcontractors’ coverage be submitted to the City at any time.
The City may withhold payment if the Contractor does not fully comply with this request.
If the Contractor maintains higher insurance limits than the minimums shown above, the
City will be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Contractor, irrespective of whether such limits
maintained by the Contractor are greater than those required by this Agreement or whether
any certificate of insurance furnished to the City evidences limits of liability lower than those
maintained by the Contractor.
Failure on the part of the Contractor to maintain the insurance as required will constitute a
material breach of contract, upon which the City may, after giving five business days’ notice
to the Contractor to correct the breach, immediately terminate the Agreement or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
16. Indemnification/Hold Harmless
Except for injuries and damages caused by the sole negligence of the City, Feenix Parkside,
LLC or Azose Commercial Properties, the Contractor will defend, indemnify and hold the
City and its officers, officials, employees, and volunteers harmless from any and all claims,
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injuries, damages, losses, or suits of every kind, including attorney fees and litigation
expenses, arising out of or resulting from the acts, errors, or omissions of the Contractor, its
employees, agents, representatives, or subcontractors, including employees, agents, or
representatives of its subcontractors, made in the performance of this Agreement, or arising
out of worker’s compensation, unemployment compensation, or unemployment disability
compensation claims.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the Consultant and the Public Entity, its officers, officials, employees, and volunteers, the
Consultant's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Consultant’s negligence.
The Contractor shall take all precautions necessary and shall be responsible for the safety
of its employees, agents, and subcontractors in the performance of this Contract. All work
shall be done at the Contractor's own risk, and the Contractor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection
with the work.
The Contractor agrees that neither completion nor final acceptance shall relieve the
Contractor of the indemnity and other provisions of this section.
If is further specifically and expressly understood that this indemnification constitutes the
Contractor’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 will survive the expiration or termination of this Agreement.
17. Assignment and Subcontracting
Neither party to this Agreement will assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party. No assignment or transfer of any
interest under this Agreement will release the assignor from any liability or obligation under
this Agreement, or to cause any such liability or obligation to be reduced to a secondary
liability or obligation.
The Contractor shall not subcontract work unless the City approves in writing. If the City
requests, the Contractor shall provide proof that the subcontractor has the experience,
ability, and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing
Wages on Public Works) and to furnish all certificates and statements required by the
Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages
form, for the Contractor and each and every subcontractor, has been approved by the State
Department of Labor & Industries, and is received by the City.
Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor’s bond.
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3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
This section does not create a contractual relationship between the City and any
subcontractor. Also, it is not intended to bestow upon any subcontractor, the status of a
third-party beneficiary to the Contract between the City and the Contractor.
18. Nondiscrimination
The Contractor may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the
presence of any sensory, mental or physical handicap.
19. Amendment, Modification or Waiver
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement will be valid or of any effect unless made in writing, signed by the party or parties
to be bound, or the party’s or parties’ duly authorized representative(s) and specifying with
particularity the nature and extent of such amendment, modification or waiver. Any waiver,
approval or acceptance, or payment by any party will not affect or impair that party’s rights
arising from any default by the other party.
20. Parties in Interest
This Agreement is binding upon, and the benefits and obligations hereto will inure to and
bind, the parties and their respective successors and assigns, although this section will not
be deemed to permit any transfer or assignment otherwise prohibited by this Agreement.
This Agreement is for the exclusive benefit of the parties and it does not create a contractual
relationship with or exist for the benefit of any third party, including contractors, sub-
contractors and their sureties.
21. Force Majeure
Any delay in the performance of any obligation under this Agreement shall be excused, if
and so long as the performance of the obligation is prevented, delayed or otherwise
hindered by any act not within the control of a party such as fire, cyber/ransomware attack,
earthquake, flood, explosion, actions of the elements, riots, mob violence, strikes,
pandemic, lockouts, and emergency orders of the state or federal government.
22. Applicable Law
This Agreement and the rights of the parties will be governed by with the laws, regulations,
and ordinances of the City, of the State of Washington, and King County. Venue for any
action involving this agreement will be in the county in which the property or project is located,
and if not site specific, then in King County. It is agreed that any applicable statute of limitation
will commence no later than the substantial completion by the Contractor of the services.
23. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted
for convenience of reference only and will not constitute a part of this Agreement or act as
a limitation of the scope of the particular paragraph or sections to which they apply. Where
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appropriate, the singular will include the plural and vice versa and masculine, feminine and
neuter expressions will be interchangeable. Interpretation or construction of this Agreement
will not be affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
24. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision is illegal or
invalid for any reason, such illegality or invalidity will not affect the validity of the remaining
provisions.
25. Entire Agreement
This Agreement together with any subsequent amendments or addendums contains the
entire understanding of the parties in respect to the transactions contemplated and
supersedes all prior representations, agreements and understandings between the parties,
either oral or written. This Agreement specifically supersedes and replaces the March 19
Agreement between the parties, which the parties have terminated by mutual agreement
without fault, cost or damages to either party. No other understandings, oral or otherwise,
regarding this Agreement shall bind any party.
26. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Agreement, then this Agreement may be
terminated by the City at the end of the period for which funds are available, without the
seven (7) days’ notice provided by Section 5. No liability will accrue to the City in the event
this provision is exercised, and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
27. Counterparts
This Agreement may be executed in multiple counterparts, each of which will be one and
the same Agreement and will become effective when one or more counterparts have been
signed by each of the parties and delivered to the other party.
[SIGNATURES ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN Kelly-Thomas, Inc.
_____________________________
Nancy Backus, Mayor Signature
Name:
Title:
Date: ________________________________
Approved as to form:
Federal Tax ID No: ___________________
_____________________________
Kendra Comeau, City Attorney
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Agreement # 8101 _ARC_Demising_Walls_Construction
April 15, 2021
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EXHIBIT A
Scope of Services
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Agreement # 8101 _ARC_Demising_Walls_Construction
April 15, 2021
Page 15 of 18
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Agreement # 8101 _ARC_Demising_Walls_Construction
April 15, 2021
Page 16 of 18
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Agreement # 8101 _ARC_Demising_Walls_Construction
April 15, 2021
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EXHIBIT B
Payment Terms
Total compensation for the Contractor’s services will not exceed $101,794.06 for the
term of this Agreement. Payment will be provided by the City as follows:
• Upon completion and delivery of all deliverables described in proposal
#8101 (Exhibit A) subject to any retainage provisions
• If the work schedule goes beyond 30 days from the Notice to Proceed
than contractor shall submit an invoice describing the percentage of work
completed and the City shall pay that proportionate share of the total
contract amount as it may be amended.
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Agreement # 8101 _ARC_Demising_Walls_Construction
April 15, 2021
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Exhibit C
Prevailing Wage Rates
• County work performed: King
• Effective Date of wages: April 5, 2021
• Washington State Department of Labor and Industries Wage Lookup
o https://secure.lni.wa.gov/wagelookup/?utm_medium=email&utm_source=g
ovdelivery
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6817 (Tate)
Date:
April 14, 2021
Department:
Mayor's Office
Attachments:
Ordinance No. 6817
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Adopt Ordinance No. 6817
Background for Motion:
Ordinance 6817 reinforces the City’s service first philosophy and approach to assist those
individuals experiencing homelessness. The ordinance requires that City staff work with
those experiencing homelessness by offering and making arrangements for sheltering and
transportation so that individuals can then be connected to the much broader array of needed
services such as mental health and addiction support, access to social security benefits,
housing and employment. The ordinance seeks to move people from outdoor encampments
where service delivery is difficult and into a scenario where services can be made available.
The ordinance also reinforces that if shelter and transportation services are not available or
suitable to the needs of the individual that enforcement of the no camping provisions cannot
be implemented.
Background Summary:
City Council adopted Ordinance 6781 on September 8, 2020. Since that time city staff have
conducted further analysis, collected additional data, and have observed an increase in
homeless encampments that have been established throughout the city and within
environmentally sensitive areas. The city has also received an increasing amount of
feedback from residents and the business community requesting that more be done to
address the impacts associated with the establishment of homeless encampments.
Additionally, the Auburn Community Court will be opening within the next couple of months.
It is staff’s opinion that the above collection of issues and the timing of the opening of
community court is cause to revisit Ordinance 6781 and to recommend that City Council take
additional action that emphasizes the city’s service first philosophy while mitigating the
environmental, financial, human, and economic impacts that result when individuals are
allowed to remain within homeless encampments while shelter space and services are
available.
Environmental Impacts
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Over the last 6 months city staff has encountered 43 separate homeless encampments.
Not all of those encampments are currently occupied. Some individuals abandon their
encampment and move to a different location. 29 of these encampments are located
within wetlands or riparian river habitat areas. Encampments located within these
environmentally sensitive critical areas impact the environment in the following ways:
Native vegetation is heavily damaged due to walkways, tent sites, fire pits,
and garbage that is dumped on site. Health native vegetation is crucial to the
survival of both aquatic and terrestrial life that rely upon wetlands, rivers, and
their surrounding buffers. Native vegetation also provides root structure that
ensures soil remains in tact and does not erode into creeks, ditches and
other water ways.
Debris is often placed in wetlands, creeks and other water ways. Staff
routinely find used needles, human waste, electronics, batteries, plastic, food
waste, and other items within these environmentally sensitive areas. This
adversely impacts water quality which impacts fish, aquatic life, terrestrial life,
plants, and aquifers.
Debris that makes its way into the Green or White Rivers is often deposited
outside of Auburn in downstream communities and/or into Commencement
Bay or Lake Union. This includes plastic, used needles, feces, cans, clothes,
wrappers, toys, and food waste. The Puyallup Tribe has documented used
needles in their fish traps and has requested that upstream communities
provide assistance in reducing debris entering critical salmon rivers.
Financial Impacts
Cleaning up homeless encampments is expensive. Haul costs alone range from $10,000
to $50,000 per encampment. These costs become more expensive when the
encampment is located within an environmentally sensitive critical area because
mechanized equipment or vehicles are not permitted to access wetlands and riparian river
habitat. Hauling must be carried out by hand. And even then, the hundreds of trips back
and forth from the encampment to the trucks will further damage these areas. And once
clean, the city has an obligation to restore the vegetation that was damaged in order to
eliminate the potential for invasive and/or noxious plants from establishing themselves.
Cleaning 43 encampments will range in cost from $430,000 to $2.125 million. These are
one time costs and, without intervention, will reoccur each year.
Human Impacts
The homeless population is not thriving within the current city approach. People are being
harmed and/or dying, drug addiction continues, children are not being protected yet the
services exist to interrupt these alarming patterns.
In the last 6 months several homeless individuals have died due to a drug
overdose. City staff had already started working with these folks before they
died.
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Homeless individuals have been stabbed, lit on fire, and boulders thrown at
their heads by other homeless individuals.
In a few instances, children are being raised within homeless encampments.
Babies are born within encampments. And one mother has been raising 5
children within an encampment that range in age from 6 to 14. Agencies that
typically enter the home environment to address the welfare of children will
not go deep into the woods.
Drug addiction and use is rampant within the encampments. Of the 43
encampments, 41 had dozens of used needles. The 2 that did not have
needles were littered with empty bottles of liquor.
Economic Impacts
City staff and city council have heard from a number of different residents and business
owners who have expressed concerns over the issues that surround homelessness.
Those issues include:
Outside of the above city costs, private property owners are also incurring
costs. Individual property owners and business owners routinely clean the
sidewalks, doorways, and landscape areas of used needles, human feces,
and general litter. Many do so on a daily basis.
City staff routinely hear from business owners that their employees and
patrons indicate that they do not feel safe within the community due to the
portion of the homeless population that exhibit behaviors associated with drug
use, unstable mental health, break ins and theft, etc. Whether real or
perceived, if this becomes a narrative associated with Auburn, business
owners will lose patrons and employees.
City staff acknowledges that we are asking Council to revisit a decision that was made in
September 2020. It is our opinion that the last 6 months of experience plus the launch of the
community court are reason to revisit Ordinance 6781. City staff appreciates that some
councilmembers spent several hours in the field with Kent Hay to tour a number of
encampments. To understand the extent of the conditions within a single encampment
requires a firsthand view.
Ordinance 6817 was drafted in consultation with the Departments of Parks, Public Works,
Community Development, Legal, Police, Administration and the Mayor’s Office. The
representatives strongly urge City Council to adopt this ordinance in order to interrupt the
environmental, economic, financial and human impact that the city’s current approach is
allowing to occur. It was presented to City Council during the April 12, 2021 Study Session
meeting.
Rev iewed by Council Committees:
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Councilmember:Staff:Tate
Meeting Date:April 19, 2021 Item Number:ORD.A
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Ordinance No. 6817
March 25, 2021
Page 1 of 12
ORDINANCE NO. 6817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO CAMPING AND
OCCUPYING CITY PROPERTY, AMENDING THOSE PORTIONS
OF ORDINANCE NO. 6781 PERTAINING TO SECTIONS
2.22.210, 2.22.220, AND 9.50.030 OF THE AUBURN CITY CODE,
AND ADDING A NEW SECTION ACC 2.22.240 TO THE AUBURN
CITY CODE
WHEREAS, in 2020, the City proposed Ordinance No. 6781 to the City Council.
Ordinance 6781 regulated camping and related activity on City property and designated
activity prohibited in the ordinance as a misdemeanor criminal offense with corresponding
potential criminal penalties;
WHEREAS, the City Council considered Ordinance 6781 at its study sessions on
July 27 and August 24, 2020, and at its regular Council meeting on September 8, 2020;
WHEREAS, at these meetings, the Council heard statements from City
representatives Jeff Tate and Kent Hay regarding the basis for Ordinance 6781 and the
reasons for its proposal to the Council;
WHEREAS, the Council voted on Ordinance 6781 at the September 8 Council
meeting. During the voting process, the Council revised Ordinance 6781 by motion to
replace its criminal offense designation and penalties with civil infraction penalties;
WHEREAS, the Council voted to adopt Ordinance 6781 as revised by motion;
WHEREAS, in an ongoing effort to address the problems associated with
homelessness, the City proposes this Ordinance with its below proposed revisions to
ACC 9.50.030 and ACC 2.22. This ordinance is intended to restore the criminal offense
designation and penalties originally contemplated for Ordinance 6781, and also to give
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city enforcement personnel an additional legal option of issuing trespass admonishments
to persons camping in parks or on other city properties and providing for an appeal;
WHEREAS, in support of this ordinance the City offers the following additional
information regarding the homelessness problem in the City and the City’s responsive
remedial efforts. This information was not presented to the Council or considered by the
Council when Ordinance 6781 was adopted:
Environmental impacts: Homelessness and related activity has the
following environmental impacts on the City:
Over the last 6 months the City has identified 43 different homeless
encampments on City-owned property. Twenty-nine (29) of these
encampments have been located within wetlands or within riparian
habitat areas that are adjacent to the Green River, White River or Mill
Creek, all of which provide important habitat to salmon;
The City has identified encampments that have become flooded
during typical seasonal high water events. Flooding within wetlands
causes islands and hummocks that are sometimes dry to be
underwater. Seasonal flooding along rivers causes water to move at
high velocity through riverine floodplains. In both instances, clothing,
hypodermic needles, human waste, plastic, batteries, electronics,
bicycles, shopping carts, tires, food waste, and other garbage enter
the wetland depressions, channels, creeks and rivers. Some of this
debris is also transported downstream and outside of Auburn;
It is contrary to the objectives of environmental protection and
preservation for clothing, hypodermic needles, human waste, plastic,
batteries, electronics, bicycles, shopping carts, tires, food waste, and
other garbage to enter wetlands, creeks, and rivers that provide
value to aquatic life, terrestrial life, flood detention, surface water
quality and ground water quality;
The City of Auburn has invested many millions of dollars to protect
and preserve the environment, and has acquired dozens of
properties for this purpose. The City has spent millions of taxpayer
dollars to restore environmentally sensitive lands that were
previously altered;
One single example of a City investment to protect and restore
environmentally sensitive lands is the Mill Creek 5K wetland
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Ordinance No. 6817
March 25, 2021
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restoration and creek realignment project. The City spent more than
$7,000,000 to acquire sensitive lands, install a fish friendly culvert
under 15 Street NW, recreate a meandering fish friendly creek
present decades ago that was then altered for farmland, and plant
millions of new trees, shrubs and grasses for the benefit of fish and
water quality. These financial investments and mitigation efforts
have been heavily impacted and, in some areas, destroyed by
activity associated with homeless encampments;
Throughout the City, vegetation has been removed, human waste
deposited, and used hypodermic needles discarded in areas that
otherwise prohibit private property owners from mowing, planting,
grading, hydroseeding, applying pesticide or herbicide, constructing
trails, building, or any other type of human activity that encroaches
into the environmentally sensitive feature or its buffer. Chapter 16.10
of the Auburn City Code states that environmentally sensitive critical
areas are naturally vegetated, undisturbed, enhanced or revegetated
areas that are to be protected from adverse impacts to their integrity
and value;
Financial impacts:
The City has received estimates from 3rd party contractors to clean
up the 43 homeless encampments referenced above. The estimates
for these clean-up efforts range in cost from $10,000 to $50,000 per
encampment;
The total clean-up cost for these encampments ranges from
$430,000 to $2.25 million. This cost only covers the cost to haul out
debris—it does not cover the costs associated with site preparation,
installation of erosion control measures, and restoration of a site
once it is cleaned up. The City expects to incur these additional
costs as annual recurring costs as well as the cost of staff support to
complete such work;
The City does not have the budget to cover these costs on an
annual basis, and believes that its historic approach of investing
public money in shelter services rather than environmental cleanup
is a better and more effective use of public funds;
Limited effectiveness of infraction enforcement: Enforcement of the
ordinance as a civil infraction will not adequately address the problems
associated with homeless encampments and related activity on public
property because:
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March 25, 2021
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by law, civil infractions carry only monetary penalties that provide
little to no deterrent to homeless individuals who have little or no
financial resources to pay;
unpaid civil infraction penalties result in a money judgment against
the cited person that can affect their creditworthiness when later
applying for financial or housing resources;
court’s hearing and deciding civil infractions can only impose the
infraction’s monetary penalty—they cannot order cited persons to
utilize needed community services designed to alleviate the
underlying causes of homeless behavior;
civil infraction offenses cannot be referred to the City’s community
court program for adjudication, so cited individuals attending
traditional court to address a cited infraction will not be connected to
the community court program facility or its adjacent ACRC facility that
offers individuals needed and available services and resources
aimed at reducing homelessness;
Safety and health concerns: Civilian social workers will often accompany
police officers while contacting individuals experiencing homelessness and
who also may be camping on City property. Individuals camping under
these circumstances often utilize tents as temporary shelters and/or for the
storage of personal items. Contacts between individuals camping and
officers can be unpredictable, requiring officers to have specialized training
and equipment. In order to ensure the safety of unarmed, untrained, and
under equipped City staff such as the City’s homeless navigator, who may
be working alongside law enforcement with homeless individuals, it is
important that officers have an unobstructed view into the tent to scan for
weapons or other dangerous items. It is not uncommon for individuals
experiencing homelessness to possess weapons as a form of protection.
Having an unobstructed view would also enable police or civilian workers to
see whether individuals inside are experiencing a medical emergency
requiring immediate assistance;
WHEREAS, having received and considered the above additional information
related to: 1) the homelessness problem in the City and its effects on City residents,
resources and environment; and 2) the enforcement tools needed by the City to effectively
address the problem and its City-wide effects, the Council finds it in the City’s best
interests to further consider the issue of homelessness in the City and how the City can
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Ordinance No. 6817
March 25, 2021
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effectively address the issue through its ordinance directed at prohibiting camping activity
on City property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 2.22.210 of the Auburn City
Code is amended to read as follows:
No person shall erect, maintain, use or occupy a tent or shelter in any City of
Auburn park unless there is an unobstructed view through such tent or shelter
from at least two sides. Nothing in this section shall be construed to authorize
overnight camping, which is prohibited in parks pursuant to ACC 9.50.030.
Violation of this section is constitutes a Class 1 civil infraction punishable by a
$250 fine pursuant to Chapter 7. 80 RCW. Nothing in this section shall be
construed to authorize overnight camping, which is prohibited pursuant to ACC
9.50.030.
Section 2. Amendment to City Code. Section 2.22.220 of the Auburn City
Code is amended to read as follows:
A. Unless otherwise posted, parks shall open one-half hour before sunrise and
close one-half hour after sunset. No person shall enter or remain in a park when
it is closed. Any person entering or remaining in a closed park when it is closed
is subject to arrest and prosecution for criminal trespass a Class 1 civil infraction
pursuant to ACC 9.96.900 and/or RCW 9A.52.
B. The director may extend open hours for sanctioned events, but only that
portion of a park being used for the event will be open beyond normal hours;
other areas of such a park shall remain closed.
C. This section shall not apply to:
1. Police officers or park employees while on duty.
2. Sidewalks that are within the right-of-way of a public street, when the street is
not within the boundaries of a park.
3. Persons entering or remaining in a closed park in violation of ACC 9.50.030.
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Section 3. New Section. A new section ACC 2.22.240 is added to the Auburn
City Code to read as follows:
A. Enforcement authority in parks. In addition to any other enforcement authority,
when any police officer or City official has probable cause to believe that any
person within a park has committed a crime as defined by the RCW or by the
Auburn City Code, or has violated any ordinance, rule or regulation established by
this Park code or by the City’s parks department, the officer or official may:
1. Order such person to immediately leave the park. Any person refusing to
comply with such an order or returning to the park on the same calendar day as
such an order is subject to prosecution for criminal trespass pursuant to RCW
9A.52 and/or ACC 9.96.900; and
2. Issue the person a written admonishment excluding them from City park
property for a period up to 1 year from the issue date. Persons receiving such an
admonishment who return to park property within the admonishment period are
subject to prosecution for criminal trespass pursuant to RCW 9A.52 and/or ACC
9.96.900.
B. Admonishment issuance and appeals.
1. Admonishments issued under this section:
a. are valid and effective whether or not the excluded person is charged, tried or
convicted of any crime or infraction;
b. are valid and effective even if the admonished person refuses a copy of the
admonishment, provided that the issuing city official reasonably notifies the
admonished person of the admonishment period, place(s) of exclusion and appeal
process under this section;
c. are valid and effective for the admonishment period unless and until shortened
or rescinded by an official ruling after appeal in this section;
d. may be based upon observations by city officials and/or police officers, or upon
civilian reports that an official or officer could reasonably rely on in determining
probable cause; and
e. shall include a statement of the appeal rights in this section and a form for
appealing the admonishment as provided by this section.
2. Persons receiving admonishments under this section may appeal the
admonishment in writing. Any such appeal must:
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a. Be in writing, either on the form referenced in this section or in a writing including
at least the person’s name, the involved property location and the approximate
admonishment date to enable processing of the appeal;
b. Be received by the City Clerk or postmarked within 14 calendar days of the
person’s receiving the admonishment; and
c. Be under oath and include all facts that the excluded person believes supports
a shortening or rescinding of the admonishment.
3. The director of parks, arts, and recreation, or designee, shall review the appeal
and shall issue a ruling upholding, rescinding or shortening the admonishment
within 14 calendar days of receiving the appeal. The director or designee may
consider the admonishment and any other relevant and trustworthy submitted
written materials in deciding the appeal. The admonishment shall be upheld if
supported by a preponderance of evidence. The ruling may be transmitted to the
excluded person by mail, in person, electronically, or by any other method
specified by the person or reasonably likely under the circumstances to give notice.
4. The appeal process in this section cannot be used to appeal any criminal
penalties imposed by a court under this section or any other law.
C. Limitation. Trespass admonishments issued to persons violating ACC 9.50.030
on park property shall be processed pursuant to ACC 9.50.030(E).
Section 4. Amendment to City Code. Section 9.50.030 of the Auburn City
Code is amended to read as follows:
A. Camping Prohibited. It is unlawful for any person to camp, occupy camp
facilities or use camp paraphernalia on city property, except as set forth in
subsection C of this section.
B. Storage of Camping Items Prohibited. It is unlawful for any person to store
camp facilities and camp paraphernalia on city property, except as otherwise
provided by ordinance.
C. Exceptions. The prohibitions contained in subsection A of this section shall
not apply if:
1. The violation constitutes a trespass on park property under ACC 2.22.220; or
12. The person is engaged in activity prohibited by subsections A and B of this
section because they are experiencing homelessness, and there is no available
overnight shelter available for persons experiencing homelessness on the date
that the prohibited activity occurs; or
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23. The person is camping or using camp paraphernalia or camp facilities at a
Game Farm Park Campground site after paying the required fees; or
34. The person is camping or using camp paraphernalia or camp facilities as
permitted under this subsection:
a. The director of the parks, arts, and recreation department may permit persons
to camp, occupy camp facilities, use camp paraphernalia, or store personal
property in parks property as defined in Chapter 2.22 ACC and as listed in the
park inventory portion of the parks, recreation and open space plan, within the
city’s comprehensive plan.
b. The director of the parks, arts, and recreation department may approve a
permit for camping on city park property if the director finds, based upon a permit
application and information otherwise obtained, that:
i. Adequate sanitary facilities are provided and accessible at or near the camp
site;
ii. Adequate trash receptacles and trash collection will be provided;
iii. The camping activity will not unreasonably disturb or interfere with the peace,
comfort and repose of private property owners;
iv. The camping activity is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or to create a disturbance; and
v. The camping is in the public interest.
c. The director of the parks, arts, and recreation department is authorized to
promulgate rules and regulations regarding the implementation and enforcement
of this chapter.
d. Seven days is the maximum period of time a permit may authorize camping
on city property.
e. Any person denied a permit may appeal the denial to the hearing examiner in
the manner described in Chapter 2.46 ACC and ACC 15.07.130 with the director
of the parks, arts, and recreation department serving the role of the building or
fire official in that code.
4. The person is camping or trespassing on any City utility property identified in
ACC Title 13, which shall be regulated by that Title;
5. The person is camping or trespassing on Auburn Municipal Airport properties
or areas identified in ACC 18.04, which shall be regulated pursuant to ACC
9.96.900 and/or RCW 9A.52.
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D. Definitions. For this section, the following shall apply:
1. “Available overnight shelter” means:
a. A public or private shelter located within the city of Auburn that offers
overnight shelter to persons experiencing homelessness and confirms to a city
employee that it has an available overnight space at no cost for that person; or
b. If no shelter described in subsection (D)(1)(a) of this section has available
space, a shelter located within King or Pierce County that offers overnight shelter
to persons experiencing homelessness and confirms to a city employee:
(i) that it has an available overnight space at no cost for that person; and
(ii) that it such shelter is also accessible to the person by public transportation or
vehicle for hire at no cost for that person. or by vehicle for hire at no cost to the
individual or family experiencing homelessness.
c. An overnight shelter is available if an individual is prevented from using an
otherwise available shelter space because of their past or present voluntary
actions such as unlawful drug use or possession, criminal act(s), unruly behavior
or willful violation of shelter rules or restrictions pertaining to such activity.
d. 2. An overnight shelter is unavailable if:
(i) a. An individual or family cannot use the shelter’s available space because of
shelter-imposed restrictions on its use (other than any restrictions the shelter has
imposed pursuant to (D)(1)(c) of this section) a person’s sex, familial or marital
status, religious beliefs, disability, or length of stay; or
(ii) b. A city employee, an individual or family attempts to secure a space at the
shelter for the day and is denied due to lack of available space. ; or
c. An individual’s past or present voluntary actions such as intoxication, drug
use, or unruly behavior prevent the use of an otherwise available shelter space.
23. “City property” as used in this section means all improved and unimproved
real property owned or leased by the city of Auburn, and all city of Auburn
easements, including but not limited to all portions of city parks, as defined in
Chapter 2.22 ACC, city buildings, rights-of-way, city parking lots, and city
environmentally sensitive areas as defined in ACC 16.06.065. , airport property,
wetlands, and city utility facilities. City property shall not include:
a. religious organization property subject to RCW 35A.21.360;
b. city utilities or utility property identified in ACC Title 13; or
c. Airport property or areas identified in ACC 18.04.
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34. “Camp” or “camping” means to pitch, create, use, or occupy camp facilities
for the purposes of habitation, living accommodation, or dwelling, as evidenced
by the storage of personal belongings in “camp facilities” or the use of “camp
paraphernalia.”
45. “Camp facilities” include, but are not limited to, tents, tarps configured for
shelter, huts, and temporary shelters. “Camp facilities” does not include shelters
when used temporarily in a park for recreation or play, consistent with Chapter
2.22 ACC, during hours when the park is open to the public.
56. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, blankets, mattresses, hammocks, or non-city-designated cooking
facilities and similar equipment.
67. “Store” means to put aside or accumulate for use when needed, to put for
safekeeping, to place or leave in a location.
E. Penalties and enforcement. y. When enforced, v
1. A violation of this subsection is a misdemeanor punishable by 90 days in jail
and/or a $1,000 fine. Class 1 civil infraction pursuant to Chapter 7.80 RCW.
2. When any police officer or City official has probable cause to believe that any
person has violated this section, the officer or official may:
a. Order such person to immediately leave the property where the violation is
occurring. Subject to (C)(1) of this section, any person refusing to comply with
such an order or returning to the property on the same calendar day as such an
order is subject to prosecution for criminal trespass pursuant to RCW 9A.52 and/or
ACC 9.96.900; and
b. Issue the person a written admonishment excluding them from the property
where the violation is occurring for a period up to 1 year from the issue date.
Subject to (C)(1) of this section, persons who return to the property within the
admonishment period are subject to prosecution for criminal trespass pursuant to
RCW 9A.52 and/or ACC 9.96.900.
3. Admonishments issued under this section:
a. are valid and effective whether or not the excluded person is charged, tried or
convicted of any crime or infraction;
b. are valid and effective even if the admonished person refuses a copy of the
admonishment, provided that the issuing city official reasonably notifies the
admonished person of the admonishment period, place(s) of exclusion and appeal
process under this section;
c. are valid and effective for the admonishment period unless and until shortened
or rescinded by an official ruling after appeal in this section;
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d. may be based upon observations by city officials and/or police officers, or upon
civilian reports that an official or officer could reasonably rely on in determining
probable cause; and
e. shall include a statement of the appeal rights in this section and a form for
appealing the admonishment as provided by this section.
4. Persons receiving admonishments under this section may appeal the
admonishment. Any such appeal must:
a. Be in writing, either on the form referenced in this section or in a writing including
at least the person’s name, the involved property location and the approximate
admonishment date to enable processing of the appeal;
b. Be received by the City Clerk or postmarked within 14 calendar days of the
person’s receiving the admonishment; and
c. Be under oath and include all facts that the excluded person believes supports
a shortening or rescinding of the admonishment.
5. Admonishment appeals under this section involving City parks shall be
processed according to ACC 2.22.240. Otherwise, the Director of Community
Development or designee shall review the appeal and issue a ruling upholding,
rescinding or shortening the admonishment within 14 calendar days of receiving
the appeal. The Director or designee may consider the admonishment and any
other relevant and trustworthy submitted written materials in deciding the appeal.
The admonishment shall be upheld if supported by a preponderance of evidence.
The ruling may be transmitted to the excluded person by mail, in person,
electronically, or by any other method specified by the person or reasonably likely
under the circumstances to give notice.
6. The appeal process in this section cannot be used to appeal any criminal
penalties imposed by a court under this section or any other law.
Section 5. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 52 of 104
Ordinance No. 6817
March 25, 2021
Page 12 of 12
Section 7. 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 53 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5588 (Gaub)
Date:
April 5, 2021
Department:
Public Works
Attachments:
Res olution No. 5588
Exhibit A
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5588
Background for Motion:
This Resolution authorizes an agreement with the City of Pacific for the City of Auburn to
contribute funding towards the City of Pacific’s Stewart Road Project in the amount of
$100,000.00. The project will be in construction this summer and will widen Stewart Road
between Valentine and Butte Avenues improving freeway access and reducing traffic
congestion on Auburn’s streets.
Background Summary:
Resolution No. 5588 authorizes the Mayor to enter into a local agency agreement with the City
of Pacific for the City of Auburn to contribute funding towards the City of Pacific’s Stewart
Road Project in the amount of $100,000.00.
The City of Pacific is constructing improvements to Stewart Road from Valentine Ave SE to Butte
Ave SE that will provide additional roadway capacity and pedestrian facilities. The project provides
benefit to Auburn as the increased roadway capacity of Stewart Road will carry vehicles that would
have otherwise used Auburn roadways and some Auburn residents utilize Stewart Road for access
to SR 167 and Jovita Boulevard. Auburn’s Transportation Improvement Program (TIP) includes the
Pacific project with Auburn providing Project funding in 2021 in the amount of $100,000.00, which
is also included in Auburn’s adopted 2021-2022 biennial budget.
Construction will start on the project in 2021 and is anticipated to be complete in 2022.
Additionally, the City of Sumner is pursuing another project that will widen the Stewart Road
Bridge across the White River. The Sumner project is anticipated to be under construction in 2023
or 2024. The City of Auburn’s TIP shows Auburn providing a $150,000.00 contribution towards
Sumner’s project which would be the subject of a separate inter-local agreement brought at a later
date.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Page 54 of 104
Meeting Date:April 19, 2021 Item Number:RES.A
Page 55 of 104
--------------------------------
Resolution No. 5588
April 19, 2021
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5588
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF PACIFIC RELATING
TO THE CITY OF PACIFIC’S STEWART ROAD
IMPROVEMENTS PROJECT
WHEREAS, the City of Pacific (“Pacific”) is constructing improvements to Stewart Road
from Valentine Ave SE to Butte Ave SE (“Project”) that will provide additional roadway
capacity and pedestrian facilities; and
WHERAS, the Project provides benefit to the City of Auburn (“Auburn”) as the increased
roadway capacity of Stewart Road will carry vehicles that would have otherwise used
Auburn roadways and Auburn residents utilize Stewart Road for access to SR 167 and
Jovita Boulevard; and
WHERAS, Auburn’s Transportation Improvement Program (“TIP”) includes the Project
with Auburn providing Project funding in 2021 in the amount of $100,000.00, which is also
included in Auburn’s adopted 2021-2022 biennial budget; and
WHERAS, Auburn has evaluated and determined it is in Auburn's best interest to
negotiate an interlocal agreement ("ILA") with Pacific and Auburn agrees to contribute
$100,000.00 to the Project; and
WHEREAS, pursuant to RCW 35A.21.150, Pacific and Auburn (“the Parties”) each have
the legal authority to maintain a transportation system; and
WHEREAS, the Parties are authorized to undertake joint and cooperative action pursuant
to RCW 35A.11.040 and Chapter 39.34 RCW.
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 Pacific related to the City of Pacific’s Stewart Road Improvements Project, which
Agreement will be in substantial conformity with the Agreement attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Page 56 of 104
--------------------------------
Resolution No. 5588
April 19, 2021
Page 2 of 2 Rev. 2018
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2021.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 57 of 104
1
1322470.6 - 365335 -0007
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF PACIFIC AND
THE CITY OF AUBURN FOR THE STEWART ROAD PROJECT
(FUNDING ONLY)
THIS AGREEMENT is made and entered into by and between the City of
Pacific, a municipal corporation of the State of Washington (“Pacific”) and the
City of Auburn, a municipal corporation of the State of Washington (“Auburn”)
(collectively “Parties” or individually a “Party”).
RECITALS
A. Pacific is constructing improvements to Stewart Road from
Valentine Ave SE to Butte Ave SE (Project) that will provide additional roadway
capacity and pedestrian facilities.
B. The Project provides benefit to Auburn as the increased roadway
capacity of Stewart Road will carry vehicles that would have otherwise used
Auburn roadways and Auburn residents utilize Stewart Road for access to SR
167 and Jovita Boulevard.
C. Auburn’s Transportation Improvement Program (TIP) includes the
Project with Auburn providing Project funding in 2021 in the amount of
$100,000.00, which is also included in Auburn’s adopted 2021-2022 biennial
budget.
D. Auburn has evaluated and determined it is in Auburn's best interest
to negotiate an interlocal agreem ent ("ILA") with Pacific agreeing to contribute
$100,000.00 to the Project.
E. Pursuant to RCW 35A.21.150, Pacific and Auburn each have the
legal authority to maintain a transportation system.
F. The Parties are authorized to undertake joint and cooperative
action pursuant to RCW 35A.11.040 and Chapter 39.34 RCW.
AGREEMENT
In furtherance of the foregoing and in consideration of the following terms
and conditions, the Parties agree as follows:
1. This Agreement shall be effective upon execution by both Parties
("Effective Date"). There shall be no fixed term associated with this Agreement,
however, this Agreement may be terminated, and all property acquired and used
by the Parties disposed, by mutual agreement of the Parties per RCW
39.34.030(3). Unless otherwise expressly provided herein, ownership of any real
Exhibit 5588 - Exhibit A
Page 58 of 104
2
1322470.6 - 365335 -0007
and personal property acquired or owned by a Party before and during the term
of this Agreement shall remain vested in said Party upon termination.
2. The Parties do not by this Agreement create any separate legal or
administrative entity. The City of Pacific City Administrator, or his designee shall
be responsible for working with the City of Auburn Mayor, or his/her designee to
administer the terms of this Agreement. The Parties do not intend to jointly own
any real or personal property as part of this undertaking. The Parties will
cooperatively work together to further the intent and purpose of this Agreement.
3. Pacific agrees to construct the portion of Stewart Road between Valentine
Ave SE (136th) and Butte Ave SE (138th).
4. Pacific agrees to provide one single complete invoice to Auburn within 60
days of Completion of Project. For the purposes of the agreement, Completion
shall refer to physical completion of the Project construction work.
5. Auburn agrees to pay Pacific for the amount invoiced to Auburn pursuant
to Paragraph 4 within 60 days of receipt of the invoice from Pacific, not to exceed
$100,000.00 total.
6. The Parties agree to fund their respective administrative costs and fees,
and not seek reimbursement from each other for the same.
7. Pursuant to all applicable regulatory requirements, Pacific shall secure
right-of-way use permit(s) from Auburn as may be necessary, convenient, and/or
proper in order to construct the Project, including, but not limited to, for signage
and detours within Auburn rights-of-way. Pacific will be responsible for paying
Auburn permits fees per Auburn’s fee schedule.
8. Indemnification.
8.1. Pacific agrees to indemnify and hold Auburn, its elected officials, officers,
employees, agents and volunteers harmless from any and all claims,
demands, losses, actions, and liabilities (including costs and all attorney
fees) to or by any and all persons or entities, including, without limitation,
their respective agents, licensees, or representatives ar ising from,
resulting from, or connected with this Agreement to the extent caused by
the negligent acts, errors, or omissions of Pacific, its elected officials,
officers, employees, agents, and volunteers, or by Pacific's breach of this
Agreement.
8.2. Auburn agrees to indemnify and hold Pacific, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims,
demands, losses, actions, and liabilities (including costs and all attorney
fees) to or by any and all persons or enti ties, including, without limitation,
their respective agents, licensees, or represen tatives arising from,
resulting from, or connected with this Agreement to the extent caused by
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3
1322470.6 - 365335 -0007
the negligent acts, errors, or omissions of Auburn, its elected officials,
officers, employees, agents, and volunteers or by Auburn's breach of this
Agreement.
8.3. In the event of a claim, loss, or liability based upon the alleged concurrent
or joint negligence of the Parties, the Parties shall bear their respective
liability, including cost, in accordance with their respective liability
established in accordance with the laws of the State of Washington.
8.4. FOR PURPOSES OF INDEMNIFICATION ONLY, THE PARTIES, BY
MUTUAL NEGOTIATION, HEREBY WAIVE, AS RESPECTS THE
OTHER PARTY ONLY, ANY IMMUNITY THAT WOULD OTHERWISE
BE AVAILABLE AGAINST SUCH CLAIMS UNDER THE INDUSTRIAL
INSURANCE PROVISIONS OF TITLE 51 RCW.
8.5. The provisions of this section shall survive the expiration or termination of
this Agreement with respect to acts and omissions occurring during the
term hereof.
9. Both Pacific and Auburn shall maintain membership in AWC or WCIA
liability and risk pool or have equivalent limits of liability from another insurance
program or liability pool.
10. This Agreement shall be governed in all respects by the laws of the State
of Washington. The Venue for any dispute related to this Agreement shall be
King County Superior Court, with both Parties expressly agreeing to personal
jurisdiction in the same. In any suit or action instituted to enforce any right
granted in this Agreement, the substantially prevailing party shall be entitled to
recover its costs, disbursements, and reasonable attorney fees from the other
party.
11. Neither Party may assign this Agreement or any interest, obligation, or
duty therein without the express written consent of the other Party.
12. This Agreement constitutes the complete and final agreement of the
Parties, and replaces and supersedes all oral and/or written proposals and
agreements heretofore made by the Parties on the subject matter. No provision
of this Agreement may be amended or added to except by agreement, in writing,
signed by both Parties.
13. This Agreement is executed for the sole and exclusive benefit of the
signatory Parties. Nothing in this Agreement, whether express 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.
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4
1322470.6 - 365335 -0007
14. Any notice or information required or permitted to be given to the Parties
under this Agreement may be sent to the following addresses unless otherwise
specified.
City of Pacific City of Auburn
Attn: Public Works Manager Attn: Public Works Director
100 3rd Ave, SE 25 West Main Street
Pacific, WA 98047 Auburn, WA 98001
15. Pacific shall cause a copy of this fully executed Agreement to be filed with
Pierce County Auditor.
16. Should any clause, phrase, sentence or paragraph of this Agreement or its
application be declared invalid or void by a court of competent jurisdiction, the
remaining provisions of this Agreement or its applications of those provisions not
so declared shall remain in full force and effect.
IN WITNESS WHEREOF, authorized representatives of the Parties hereto
have signed their names in the spaces below:
CITY OF PACIFIC CITY OF AUBURN
Name: Name:
Title: Title:
Date: ________________________ Date: _____________________
Attested to: Attested to:
Name: Name: _____________________
Title: Title: ______________________
Page 61 of 104
Page 62 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5590 (Thomas)
Date:
April 14, 2021
Department:
Finance
Attachments:
Res olution No. 5590
Exhibit A
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5590
Background for Motion:
Resolution No. 5590 is for a $76,134.00 grant from King County for the City's 2021-2022
Waste Reduction & Recycling Grant Program.
Background Summary:
King County requests to enter into an interlocal agreement with the City of Auburn for the
2021-2022 Waste Reduction and Recycling (WRR) Grant Program. King County has
appropriated $76,134.00 for the City to promote waste reduction and recycling to
businesses, residents, and schools.
The grant funding will be used to support the following: Community Yard Sale, Bulky Item
Collection, classroom presentations, outreach at City-sponsored events, and outreach related
to the new solid waste collection services contract.
This WRR Grant provides a 25% match to Department of Ecology’s Solid Waste Financial
Assistance Grant.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Thomas
Meeting Date:April 19, 2021 Item Number:RES.B
Page 63 of 104
--------------------------------
Resolution No. 5590
April 12, 2021
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY TO IMPLEMENT THE 2021-
2022 WASTE REDUCTION AND RECYCLING GRANT
PROGRAM AND ACCEPTING PROGRAM GRANT FUNDS
WHEREAS, King County and the City of Auburn have adopted the King County
Solid Waste Management Plan, which includes recycling and waste reduction goals; and
WHEREAS, in order to help meet these goals, the King County Solid Waste
Division has established a Waste Reduction and Recycling Grant Program for the
suburban cities; and
WHEREAS, this program provides funding to further the development of local
waste reduction and recycling for Auburn businesses and residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and King County for the 2021-2022 Waste Reduction and Recycling Grant Program which
agreement will be in substantial conformity with the agreement attached as Exhibit A, and
to accept program grant funds in the amount of $76,134.00.
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.
Page 64 of 104
--------------------------------
Resolution No. 5590
April 12, 2021
Page 2 of 2 Rev. 2018
Dated and Signed this _____ day of _________________, 2021.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
\
Page 65 of 104
EXHIBIT A
Page 66 of 104
1
CPA # 6203464
INTERAGENCY AGREEMENT FOR 2021 and 2022
Between
KING COUNTY and the CITY OF AUBURN
This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County
and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the
County and City will be referred to as “Party” or “Parties.”
PREAMBLE
King County and the City of Auburn adopted the 2019 King County Comprehensive Solid Waste
Management Plan (Comp Plan), which includes waste reduction and recycling goals. In order to help
meet these goals, the King County Solid Waste Division has established a waste reduction and recycling
grant program for the cities that operate under the Comp Plan . This program provides funding to further
the development and/or enhancement of local waste reduction and recycling projects and for broader
resource conservation projects that integrate with waste reduction and recycling programs and services.
This grant program does not fund household hazardous waste collection activities. Program eligibility
and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as
Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget
approval process of the King County Council.
Grant funding approved by the King County Council is available to all King County cities that operate
under the Comp Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in
the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The
County expects that any information and/or experience gained through the grant program by the City will
be shared with the County and other King County cities.
I. PURPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
City by the County for waste reduction and recycling programs and/or services as outlined in the scope of
work and budget attached as Exhibit A.
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2
II.RESPONSIBILITIES OF THE PARTIES
The responsibilities of the Parties to this Agreement shall be as follows:
A.The City
1.Funds provided to the City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amount of funds available from this grant in 2021 and 2022 shall not exceed $76,134.
2.This Agreement provides for distribution of 2021 and 2022 grant funds to the City. However,
grant funds are not available until January 1, 2021.
3.During this two-year grant program, the City will submit a minimum of two (2), but no more than
eight (8), progress reports to the County in a form determined by the County. Reports must be
signed by a City official. These reports will include:
a.a description of each activity accomplished pertaining to the scope of work; and
b.reimbursement requests with both a Budget Summary Report Form, which is attached
hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form,
which is attached hereto as Exhibit E and incorporated herein by reference, unless the City
has a spreadsheet similar to the Expense Summary Form already in use, in which case the
City is free to use that spreadsheet instead of the Expense Summary Form. The City will
submit the form or similar spreadsheet and not submit backup documentation for grant
expenses. If backup documentation is submitted, SWD will not retain it. The City shall
maintain this documentation in its records.
If the City chooses to submit up to the maximum of eight (8) progress reports and requests for
reimbursement during the two-year grant program, they shall be due to the County on the last day
of the month following the end of each quarter (April 30, July 31, October 31, January 31), except
for the final progress report and request for reimbursement, which shall be due by March 17,
2023.
If the City chooses to submit the minimum of two progress reports and requests for
reimbursement during the two-year grant program, they shall be due to the County by March 18,
2022 and March 17, 2023.
Regardless of the number of progress reports the City chooses to submit, in order to secure
reimbursement, the City must provide in writing to the County by the 5th working day of January
2022 and January 2023, the dollar amount of outstanding expenditures for which the City has not
yet submitted a reimbursement request.
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3
4.If the City accepts funding through this grant program for the provision of waste reduction and
recycling programs and projects for other incorporated areas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
5.The City shall be responsible for following all applicable Federal, state, and local laws,
ordinances, rules, and regulations in the performance of work described herein. The City assures
that its procedures are consistent with laws relating to public contract bidding procedures, and the
County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting
process.
6.During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall discriminate on the basis of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the employment or application for employment or in the administration or
delivery of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter 12.16.
7.During the performance of this Agreement, neither the City nor any Party subcontracting under
the authority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and
local laws, ordinances, executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
8.The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
9.The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper
accounting for all project funds and compliance with this Agreement. All such records shall
sufficiently and properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
These records shall be maintained for a period of six (6) years after termination hereof unless
permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the
County and/or by federal or state officials as so authorized by law.
10.The City shall maintain a record of the use of any equipment that costs more than $1,000 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2025.
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4
11.The City agrees to credit King County on all printed materials provided by the County, which the
City is duplicating, for distribution. Either King County’s name and logo must appear on King
County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit
King County for artwork or text provided by the County as follows: “artwork provided courtesy
of King County Solid Waste Division” and/or “text provided courtesy of King County Solid
Waste Division.”
12.The City agrees to submit to the County copies of all written materials which it produces and/or
duplicates for local waste reduction and recycling projects which have been funded through the
waste reduction and recycling grant program. Upon request, the City agrees to provide the
County with a reproducible copy of any such written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the materials.
13.The City will provide the King County Project Manager with the date and location of each
Recycling Collection Event provided by the City, as well as copies of any printed materials used
to publicize each event, as soon as they are available but no later than thirty (30) days prior to the
event. If there is any change in the date or the location of an event, the City will notify the
County a minimum of thirty (30) days prior to the event. If the event brochure is required for
admission to the City’s event, the City is exempt from having to provide the brochure to King
County.
14.If the City accepts funding through this grant program for the provision of recycling collection
events for adjacent areas of unincorporated King County, the City shall send announcements of
the events to all residences listed in the agreed upon areas listed in Exhibit A. The
announcements and all other printed materials related to these events shall acknowledge King
County as the funding source.
15.This project shall be administered by Joan Nelson, Utility Billing Services Manager, or designee.
B.The County:
1.The County shall administer funding for the waste reduction and recycling grant program.
Funding is designated by the city and is subject to the King County Council’s budget approval
process. Provided that the funds are allocated through the King County Council’s budget
approval process, grant funding to the City will include a base allocation of $10,000 per year with
the balance of funds to be allocated according to the City's percentage of King County's
residential and employment population. However, if this population based allocation formula
calculation would result in a city receiving less than $10,000 per year, that city shall receive an
additional allocation that would raise their total grant funding to $10,000 per year.
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5
2.Within forty-five (45) days of receiving a request for reimbursement from the City, the County
shall either notify the City of any exceptions to the request which have been identified or shall
process the request for payment. If any exceptions to the request are made, this shall be done by
written notification to the City providing the reason for such exception. The County will not
authorize payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the right to withhold all or partial payment if the City’s
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation
of expenditures and/or adequate description of each activity described in the scope of work for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
3.The County agrees to credit the City on all printed materials provided by the City to the County,
which the County duplicates, for distribution. Either the City’s name and logo will appear on
such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit
the City for artwork or text provided by the City as follows: “artwork provided courtesy of the
City of Auburn” and/or “text provided courtesy of the City of Auburn.”
4.The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute. In so doing, the County will encourage other cities to credit the City on any pieces that
were produced by the City.
5.The waste reduction and recycling grant program shall be administered by Lucy Auster, Project
Manager, King County Solid Waste Division, or designee.
III.DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2021 or the date of execution of the
Agreement by both the County and the City, if executed after January 1, 2021, and shall terminate on
June 30, 2023. The City shall not incur any new charges after December 31, 2022. However, if
execution by either Party does not occur until after January 1, 2021, this Agreement allows for
disbursement of grant funds to the City for County-approved programs initiated between January 1, 2021
and the later execution of the Agreement provided that the City complies with the reporting requirements
of Section II.A of the Agreement.
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6
IV.TERMINATION
A.This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section III, upon thirty (30) days advance written
notice.
B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for
termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section
II.A.4.
C.If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to this Agreement.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or
law that either Party may have in the event that the obligations, terms and conditions set forth in this
Agreement are breached by the other Party.
V.AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted King
County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope
of work, attached as Exhibit A, only upon written request by the City and written approval by King
County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or
achieves the goals stated in the scope and falls within the activities described in the scope.
VI.HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from
and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims")
brought against the County arising out of or incident to the City’s execution of, performance of, or failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
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VII. INSURANCE
A.The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for
the duration of the Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate
limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole
responsibility of the City. Such insurance shall cover the County, its officers, officials, employees,
and agents as additional insureds against liability arising out of activities performed by or on behalf
of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured
endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
to this Agreement as Exhibit C.
C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of
the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of
current membership is attached to this Agreement as Exhibit C.
VIII.ENTIRE CONTRACT/WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
IX.TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in the performance of this Agreement.
X.SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
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XI.NOTICE
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Lucy Auster, Project Manager, or a provided designee
King County Solid Waste Division
Department of Natural Resources and Parks
Lucy.auster@kingcounty.gov
If to the City:
Joan Nelson, Utility Billing Services Manager, or a provided designee
City of Auburn
25 West Main Street
Auburn, WA 98001
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City of Auburn King County
______________________________________ BY___________________________________
Nancy Backus, Mayor Pat D. McLaughlin, Director
Solid Waste Division
For Dow Constantine, King County Executive
______________________________________ _____________________________________
Date Date
Page 74 of 104
1
CITY OF AUBURN
SCOPE OF WORK
2021-2022 SOLID WASTE DIVISION
WASTE REDUCTION & RECYCLING GRANT
A.BASIC INFORMATION
1.Applicant:City of Auburn
2. Project Title:City of Auburn Waste Reduction & Recycling Program
3.Grant Manager:Joan Nelson, Utility Billing Services Manager
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 931-5103
Fax: (253) 876-1900
Email: jenelson@auburnwa.gov
4. Project Manager:Kathleen Edman, Solid Waste Customer Care Specialist
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 294-3019
Fax: (253) 876-1900
Email: kedman@auburnwa.gov
5. Billing Coordinator:Consuelo Rogel, Financial Analyst
City of Auburn
25 West Main Street
Auburn, WA 98001
Phone: (253) 804-5023
Email: crogel@auburnwa.gov
6.Requested dollar amount:2021-2022 Grant Award $116,134.00
4 - King County Special Recycling Events - $ 40,000.00
2021-2022 Total $ 76,134.00
B.PROPOSED SCOPE OF WORK
Projects:
Task #1 Residential, Multifamily & Business Outreach
Task #2 School Outreach
Project Managers: Auburn’s Solid Waste Customer Care Specialist will implement and manage the
projects. The Utility Billing Services Manager will manage the administration tasks of the grant. Both
positions are fully funded by the City of Auburn Solid Waste Division.
Schedule: January 1, 2021 - December 31, 2022
Exhibit A
Page 75 of 104
2
Goals: To increase the awareness of and participation in Auburn’s waste reduction and recycling
programs, and to increase waste diversion in the Residential, Multifamily, Business and School waste
streams.
Background:
Residential & Multifamily Community
The City of Auburn provides recycling, waste prevention, and food scrap collection outreach
and education to residents through media avenues such as: newsletters, postcards, advertising,
website announcements, virtual videos and workshops, social media, phone messages, flyers,
and recycling events. The City also provides an “at home” city-wide yard sale opportunity for
single-family and mobile home park residents to promote reuse. The City recognizes the
importance of educating its diverse community about different methods of waste reduction and
recycling and publishes newsletters and articles, gives virtual and in-person waste reduction,
recycling and food scrap collection presentations, staffs educational tables at community
events, and provides resources to residents who ask for assistance. The City works to provide
transcreated materials when possible to non-English speaking residents. The City will be
implementing a new solid waste contract in the fall of 2021 and will work with the contracted
hauler to educate residents, property managers and their tenants on collection guidelines and
policy changes, and the importance of reducing contamination in recycling. The City will hire a
consultant to implement the outreach projects.
Business Community
The City of Auburn provides recycling, waste prevention, and food scrap collection outreach
and education to businesses through media avenues such as: postcards, advertising, website
announcements, virtual videos and training, social media, phone messages, and flyers. The
City works to provide transcreated materials when possible to non-English speaking employees
at businesses. The City will be implementing a new solid waste contract in the fall of 2021 and
will work with the contracted hauler to educate businesses on collection guideline and policy
changes, and the importance of reducing contamination in recycling. The City will hire a
consultant to implement the outreach projects.
Auburn School District (ASD)
City of Auburn Solid Waste Division continues to work closely with ASD’s Resource
Conservation Manager to promote waste reduction and recycling in the Auburn schools. The
ASD is committed to sustainability and strives to continue reducing its waste stream. The City
will hire an outreach consultant to provide in person and virtual elementary and middle school
classroom presentations, Summer Camp session and if funding allows, provide school cafeteria
waste spot-checks and assistance in supplying recycling and compost containers and materials.
If approved by ASD, the City will implement a milk dispenser pilot program at one school,
purchasing a milk dispenser. The Consultant will provide education and assistance for the pilot
program.
Task #1: Residential, Multifamily & Business Outreach
A.Program/ Project Description
•Residential, Multifamily & Business Waste Reduction & Recycling Outreach: The City of
Auburn will use different forms of media, presentations, trainings, online materials and
promotional items to promote waste reduction and recycling programs and the new solid waste
Page 76 of 104
3
contract guidelines and policies. In 2021 and 2022, the City’s consultant will continue
providing outreach to residents through community events when possible. The City will also
continue to coordinate Christmas Tree Recycling and Holiday Styrofoam Collection events
each year. There may be an emphasis on “Recycle Right” and “Empty, Clean, Loose” to align
with regional outreach messages to promote contamination reduction.
•Residential Community Yard Sale: The City will promote waste reduction and reuse by
sponsoring a city-wide yard sale for those residents and businesses that wish to participate.
B.Deliverables
•Residential, Multifamily & Business Waste Reduction & Recycling Outreach: The City will
produce or have professionally produced media pieces, displays, trainings, online materials and
promotional items, which may include, but are not limited to: newspaper advertisements,
posters, postcards, flyers, decals, virtual workshops, and PowerPoints. These materials will be
used to promote waste reduction and recycling, and the new solid waste contract guidelines and
policies.
•Residential Community Yard Sale: The online “Yard Sale Kit” and printed Yard Sale signs
available to participants and various forms of advertisements will be the deliverables.
C.Expected Outcomes/ Impacts
•Residential, Multifamily & Business Waste Reduction & Recycling Outreach: Postcards,
flyers, advertisements, social media announcements and online materials will promote
upcoming City and County events and inform residents and businesses about resources
available for waste reduction and recycling specific to their home or business. The City will
increase awareness of and participation in the City’s Waste Reduction and Recycling Program,
and the new solid waste contract guidelines and policies.
•Residential Community Yard Sale: The city-wide yard sale will encourage residents to reduce
waste and reuse.
D.Evaluation
•Residential & Multifamily Waste Reduction & Recycling Outreach: The City will record the
number of postcards, flyers, online materials created, and articles created and distributed to
City of Auburn residents and businesses. The City will record the number of displays and
promotional items created, displayed, or distributed.
•Residential Community Yard Sale: The City will record the number of households holding a
yard sale during the event and the number of Yard Sale signs distributed. An online survey will
also be conducted to estimate the number of items sold or given away.
Task #2: School Outreach
A. Program/ Project Description
•School Programs & Presentations: City staff and a consultant will continue to provide in person or
virtual Waste Reduction & Recycling presentations to elementary school classrooms and other
schools upon request. The Consultant will work to coordinate the King County Green Schools
Program outreach messaging with the City’s so that they complement each other.
•Milk Dispenser Pilot Program: If approved, the City will implement a pilot program for milk
dispensers at one school, purchasing the milk dispenser unit.
•Summer Camp: The City’s outreach consultant will provide up to ten Auburn Summer Camp
sessions. Topics include: 1.) where local solid waste goes 2.) how creativity, art, and science can be
used to address key waste issues such as reducing disposable plastic waste, protecting habitat, and
Page 77 of 104
4
preventing water pollution, 3.) encourage participation in a mix of active group activities, games,
discussions, and crafts 4.) examine sustainable choices that can keep Auburn families and wildlife
safe.
•Waste Spot Checks: If funding allows, the consultant will provide visual spot-checks of
elementary, middle, and high school cafeteria recycling, and compost collection where applicable,
for obvious contamination and to determine level of student use, and provide indoor recycling and
composting containers and outreach materials.
B. Deliverables
•School Programs & Presentations: The number of classroom and virtual presentations and
lunchtime activities will be a deliverable, pre- and post-presentations surveys, and the amount
of materials recycled at the Auburn Schools will also be a deliverable.
•Milk Dispenser Pilot Program: If approved, the purchase of one milk dispenser and the
outreach materials created for the new program will be the deliverable.
•Summer Camp: The number of camp presentations will be a deliverable.
C. Expected Outcomes/ Impacts
•School Programs & Presentations: City staff and the consultant will promote valuable lessons
about waste reduction and recycling to students and teachers. These lessons will then be shared
with parents and may influence purchasing and disposal decisions.
•Milk Dispenser Pilot Program: The consultant will assist the ASD to reduce waste. As of
10/1/20 the individual milk cartons will no longer be allowed in recycle and will go into
garbage.
•Summer Camp: The consultant will promote valuable lessons about the environment combined
with creativity to students. These lessons will then be shared with parents and family and may
influence future behavior towards the waste reduction and pollution prevention.
D. Evaluation
•School Programs & Presentations: The City will record the number of classroom presentations
and lunchtime activities given to Auburn students. The pre-and post-classroom presentation
surveys will determine the effectiveness of the information presented. The amount of materials
recycled at each school will be tracked by the RCM.
•Milk Dispenser Pilot Program: The consultant will record the increase or decrease in the trash
container size for collection and evaluate the success of the pilot program after a school year.
•Summer Camp: The City will record the number of summer camp presentations.
Page 78 of 104
1
Exhibit B
2021-2022 WRR Grant Guidelines - Revised
Program Eligibility:
The King County Solid Waste Division (SWD) SWD has updated the WRR Recycling Case Studies
document (Attachment 3) and created a WRR Case Studies Summary (Attachment 4), which include
many creative and innovative project ideas for WRR Grant proposals/scopes of work. These case
studies offer ideas for influencing waste prevention and recycling consistent with Title 10 of King
County Code, the King County Strategic Climate Action Plan, and the King County 2019
Comprehensive Solid Waste Management Plan, all of which have policies to achieve Zero Waste of
Resources by 2030. SWD strongly encourages consideration of these projects in the development of
grant proposals and encourages Cities to leverage WRR grant funds with multi-City projects.
Grant funds may be used for a variety of WRR related programs consistent with the Comp Plan. Cities
are encouraged to work together to leverage funds and have a greater influence on waste prevention
and recycling. Cities may choose to use their funding on one program or a combination of programs.
For WRR program ideas, please refer to the Case Studies, which includes the examples below.
Examples of innovative projects:
•City Development of Contracts for “Responsible Recycling.”
•King County Solid Waste Division Market Development for Recycled Materials.
•King County Climate Action Through Low Embodied Carbon Purchasing.
•King County SWD: Multicultural Recycling Outreach - Recicla Mas! Es Fascilisimo.
•Regional Code Development for C&D Diversion.
•Purchase School Milk Dispensers and Reusable Cups to Replace Single-use Milk Cartons.
•City of Auburn Commercial Food Waste Outreach.
•City of Bellevue Recycling Unusual of Bulky Items.
•City of Kirkland Organics Contamination Enforcement – Cart Tagging
Please contact Lucy Auster at 206-477-5268 or lucy.auster@kingcounty.gov if you have questions
about specific program eligibility and/or consistency with the Comp Plan.
The following are not eligible for funding:
•Collection of garbage, except for residual garbage related to the collection of recyclables.
•Household Hazardous Waste (HHW) education programs.
•Collection of any household hazardous waste items including, but not limited to:
treated wood, paint, lead acid batteries, oil, gasoline, and antifreeze, fluorescent lights.
Cities should pursue funding for HHW collection or education programs through the King County
Hazardous Waste Management Program (Haz Waste) or the Washington State Department of Ecology
Local Solid Waste Financial Assistance (LSWFA) Program.
Page 79 of 104
2
Grant Administration
Requests for Reimbursement:
Cities may submit one request for reimbursement per year during the funding cycle, due no later than
March 18, 2022 and March 17, 2023. Alternately, cities may submit requests for reimbursement as
frequently as quarterly. A Budget Summary Report Form and an Expense Summary Report Form must
be used when submitting requests for reimbursement and will be provided to Cities when the grant
agreements are executed.
Accrual Reporting:
By the 5th working days of January 2022 and January 2023, Cities must notify SWD of the amount of
their total expenditures for work that has been completed but for which a request for reimbursement
has not yet been submitted, so that SWD can accrue the amounts.
Progress Reports
Progress reports describing program activities, accomplishments, and evaluation results must
accompany each request for reimbursement. All progress reports must be signed by a City official.
Signed reports may be scanned and emailed.
Amendments
Formal amendments to grant Interagency Agreements (IAAs) are unnecessary unless the City wishes
to significantly change its scope of work and/or budget. In general, a significant change would be one
in which the City wishes to add or delete a task from their scope of work. A minor change, such as
moving dollars between tasks, would only require written notification, which may be submitted via e-
mail. However, the City should contact SWD when considering changes to their scopes and budgets to
determine if a formal amendment is needed.
SWD has streamlined the amendment process to make it easier for Cities to make changes. A City
wishing to amend it scope of work will send an email to Lucy Auster with a revised scope of work,
including the following:
•A brief description of any new tasks, the amount, and the start and end dates.
•A brief description of additional work you will do in any existing task you wish to move funds
into from another task, the amount, and start and end dates.
•A brief description of work currently in your scope that you will not be doing, the amount that
will either be going to a new task or moving to an existing task and if so which one, and a start
date.
Any work included in the new scope still needs to be consistent with the Comp Plan. Once the new
scope of work is approved, SWD will follow up with a unilateral amendment to your agreement, which
does not require City signature.
Page 80 of 104
11/3/2020 Ref#:13031
King County Solid Waste Division
Attn: Lucy Auster
201 S Jackson St, Ste 701
Seattle, WA 98104
Re: City of Auburn
Waste Reduction & Recycling Grant Agreement
Evidence of Coverage - Exhibit C
The City of Auburn is a member of the Washington Cities Insurance Authority (WCIA), which is
a self-insured pool of over 160 public entities in the State of Washington.
WCIA has at least $4 million per occurrence limit of liability coverage in its self-insured layer that
may be applicable in the event an incident occurs that is deemed to be attributed to the
negligence of the member. Liability coverage includes general liability, automobile liability, stop-
gap coverage, errors or omissions liability, employee benefits liability and employment practices
liability coverage.
WCIA provides contractual liability coverage to the City of Auburn. The contractual liability
coverage provides that WCIA shall pay on behalf of the City of Auburn all sums which the
member shall be obligated to pay by reason of liability assumed under contract by the member.
WCIA was created by an interlocal agreement among public entities and liability is self-funded
by the membership. As there is no insurance policy involved and WCIA is not an insurance
company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc: Candis Martinson
Joan Nelson
Exhibit C
Page 81 of 104
Exhibit D
City:
Invoice #:
Total amount requested this period:
Total amount previously invoiced:
Original interlocal amount:
Total amount charged to date:
Amount remaining for completion of interlocal:
Task
#
1
2
3
4
5
6
7
For King County Use
Contract #
Project Org Task
Purchase Order #Requisition #Receipt
Supplier #Supplier Pay Site Invoice #Payment Type
Total charges this period are approved for payment:
Project Manager:Date
BUDGET SUMMARY REPORT FORM
2021-2022 Waste Reduction & Recycling Grant Program
Date:
Address:Phone:
Report Period:
-$
Preparer's Name:Contract #:
-$
Scope of Work
Budget
Current Amount
Description Quarter Previously
-$
Remaining
(Task/title)Costs Invoiced Balance
-$
-$
-$
-$
-$
-$
1126942 720122 Exp.Account 54150 22.000'
$
TOTALS -$ -$ -$ -$
0
Page 82 of 104
Exhibit E
King County Waste Reduction Recycling Grant Expense Summary Form
City of ____________
Reimbursement Request # _______
Date _____________
Contract # _________
Task Title & No.Vendor Date of Service Item Description Invoice No.Amount Paid
Total 0
2021-2022 Grant Cycle
Page 83 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5591 (Thomas)
Date:
April 14, 2021
Department:
Finance
Attachments:
Res olution No. 5591
Exhibit A - Contract
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5591
Background for Motion:
Resolution No. 5591 is to accept a $66,471.54 grant from King County for the City’s 2021-
2022 Local Hazardous Waste Management Grant Program.
Background Summary:
Seattle-King County Department of Public Health requests to enter into a contract with the City
of Auburn for the Local Hazardous Waste Management Program. King County has extended
$66,471.54 for the City to provide hazardous waste education in 2021 and 2022.
Residential Hazardous Waste Education
Household hazardous waste education to residents will include: a postcard, flyer, or
newsletter mailed to residents and a consultant to provide outreach at City-sponsored events.
School Hazardous Waste Education
A consultant will educate Auburn School District students about hazardous waste through
hands-on classroom workshops or virtual workshops during COVID-19.
Business Hazardous Waste Education
A consultant will educate businesses on hazardous waste disposal and the use of safer
alternatives.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Thomas
Meeting Date:April 19, 2021 Item Number:RES.C
Page 84 of 104
Page 85 of 104
--------------------------------
Resolution No. 5591
April 12, 2021
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND SEATTLE-KING COUNTY DEPARTMENT
OF PUBLIC HEALTH TO IMPLEMENT THE 2021-2022
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
AND ACCEPTING PROGRAM GRANT FUNDS
WHEREAS, the Seattle-King County Department of Public Health has agreed to
reimburse the City of Auburn in the amount of $66,471.54 for costs associated with the
City’s Local Hazardous Waste Management Program; and
WHEREAS, in order to accept the monies offered by the Seattle-King County
Department of Health, it is necessary for the City to enter into a services contract which
specifies the administrative procedures governing the reimbursement of funds spent in
the City’s Local Hazardous Waste Management Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and Seattle-King County Department of Public Health for the 2021-2022 Local Hazardous
Waste Management Grant Program, which agreement will be in substantial conformity
with the agreement attached as Exhibit A, and to accept and expend program grant funds
in the amount of $66,471.54.
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.
Page 86 of 104
--------------------------------
Resolution No. 5591
April 12, 2021
Page 2 of 2 Rev. 2018
Dated and Signed this _____ day of _________________, 2021.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
\
Page 87 of 104
Exhibit A
Page 88 of 104
1
COMMUNITY SERVICES
AGREEMENT –
OTHER GOVERNMENT
PHSKC Agreement #
6155 EHS
This Agreement is between King County and the Recipient identified below. The County
department overseeing the work to be performed in this Agreement is the Department of Public
Health (PHSKC).
RECIPIENT NAME
City of Auburn
RECIPIENT FEDERAL TAX ID #
91-6001228
RECIPIENT ADDRESS
25 W Main St., Auburn, WA 98001-4998
RECIPIENT CONTACT & EMAIL ADDRESS
Joan Nelson; jenelson@auburnwa.gov
PHSKC DIVISION
EHS
PROJECT TITLE
Local Hazardous Waste Management Program
AGREEMENT START DATE
January 01, 2021
AGREEMENT END DATE
December 31, 2022
AGREEMENT MAXIMUM AMOUNT
$66,471.54
FUNDING DETAILS
Funding Source PHSKC Contract # Amount Effective Dates
King County Local
Hazardous Waste
Management Program
NA $66,471.54 Jan 01 2021 TO Dec 31 2022
FUNDING SUMMARY
FEDERAL: $0.00
COUNTY: $66,471.54
STATE: $0.00
OTHER: $0.00
IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT? No
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference:
Exhibit A-Scope of Work; Exhibit B-Budget; Exhibit C-Invoice template.
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the
parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set
forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and
have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided
herein, by signing this Agreement, the Recipient certifies that it has read and underst ands the Agreement requirements
on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the Agreement
terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentiali ng, as
applicable.
RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED
Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
(This form is available in alternate formats for people with disabilities upon request.)
Page 89 of 104
2
KING COUNTY TERMS AND CONDITIONS
1.Agreement Term and Termination
A.This Agreement shall commence on the Agreement Start Date and shall terminate on the
Agreement End Date as specified on page 1 of this Agreement, unless extended or
terminated earlier, pursuant to the terms and conditions of the Agreement.
B.This Agreement may be terminated by the County or the Recipient without cause, in whole or
in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance
written notice of the termination. The Agreement may be suspended by the County without
cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing
the Recipient thirty (30) days advance written notice of the suspension.
C.The County may terminate or suspend this Agreement, in whole or in part, upon seven (7)
days advance written notice in the event: (1) the Recipient materially breaches any duty,
obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, or
services required herein become impossible, illegal, or not feasible. If the Agreement is
terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for
damages, including any additional costs of procurement of similar services from another
source.
If the termination results from acts or omissions of the Recipient, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Recipient shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Recipient by the County.
D.If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A., the County may, upon written
notification to the Recipient, terminate or suspend this Agreement in whole or in part.
If the Agreement is terminated or suspended as provided in this Section: (1) the County will be
liable only for payment in accordance with the terms of this Agreement for services rendered
prior to the effective date of termination or suspension; and (2) in the case of termination the
Recipient shall be released from any obligation to provide such further services pursuant to
the Agreement ; and (3) in the case of suspension the Recipient shall be released from any
obligation to provide services during the period of suspension and until such time as the
County provides written authorization to resume services..
Funding or obligation under this Agreement beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Agreement. Should such appropriation not be approved, this
Agreement will terminate at the close of the current appropriation year.
E.Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either party may have in the event that the obligations, terms, and conditions set
forth in this Agreement are breached by the other party.
2.Compensation and Method of Payment
A.The County shall reimburse the Recipient for satisfactory completion of the services and
requirements specified in this Agreement, payable upon receipt and approval by the County of
a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with
the attached Budget Exhibit.
B.The Recipient shall submit an invoice and all accompanying reports as specified in the
attached exhibits not more than 60 working days after the close of each indicated reporting
period. The County shall make payment to the Recipient not more than 30 days after a
complete and accurate invoice is received.
Page 90 of 104
3
C. The Recipient shall submit its final invoice and all outstanding reports within 90 days of the
date this Agreement terminates. If the Recipient’s final invoice and reports are not submitted
by the day specified in this subsection, the County will be relieved of all liability for payment to
the Recipient of the amounts set forth in said invoice or any subsequent invoice.
D. If the signature date of this Agreement occurs after the Start Date listed on page 1, the
Recipient may seek compensation for activities performed as of the Start Date, provided that
such activities and expenses are identified in the Scope of Work and Budget and that such
compensation is compliant with all other terms of this Agreement.
E. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received
from the County under this Agreement in accordance with said budget. The Agreement may
contain separate budgets for separate program components. The Recipient shall request
prior approval from the County for an amendment to this Agreement when the cumulative
amount of transfers among the budget categories is expected to exceed 10% of the
Agreement amount in any Agreement budget. Supporting documents necessary to explain
fully the nature and purpose of the amendment must accompany each request for an
amendment. Cumulative transfers between budget categories of 10% or less need not be
incorporated by written amendment; however, the County must be informed immediately in
writing of each such change.
F. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated
under this Agreement, the County may recapture and reprogram any such under-expenditures
unilaterally and without the need for further amendment of this Agreement. The County may
unilaterally make changes to the funding source without the need for an amendment. The
Recipient shall be notified in writing of any changes in the fund source or the recapturing or
reprograming of under expenditures.
G. If travel costs are contained in the attached budget, reimbursement of Recipient travel, lodging,
and meal expenses are limited to the eligible costs based on the following rates and criteria.
1. The mileage rate allowed by King County shall not exceed the current Internal
Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS
mileage rate shall be paid for the operation, maintenance and depreciation of
individually owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost. When rental vehicles are authorized, government
rates shall be requested. If the Recipient does not request government rates, the
Recipient shall be personally responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursement for meals shall be limited to the per diem rates established by federal
travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301,
App.A. Please reference http://www.gsa.gov for the current host city per diem rates.
3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes.
The Recipient shall always request government rates.
4. Air travel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work
activity of limited duration and only one round-trip ticket, per person, shall be billed per
trip. Any air travel occurring as part of a federal grant must be in accordance with the
Fly America Act.
3. Internal Control and Accounting System
The Recipient shall establish and maintain a system of accounting and internal controls which
complies with applicable generally accepted government accounting standards (GAGAS).
4. Debarment and Suspension Certification
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4
Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are
excluded from receiving federal funds and contracting with the County. The Recipient, by signature
to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for
debarment by any Federal department or agency. The Recipient also agrees that it will not enter
into a sub-agreement with a Recipient that is debarred, suspended, or proposed for debarment. The
Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or
proposed for debarment by any Federal department or agency.
5. Maintenance of Records/Evaluations and Inspections
A. The Recipient shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Agreement funds and compliance with this Agreement.
B. In accordance with the nondiscrimination and equal employment opportunity requirements set
forth in Section 13. below, the Recipient shall maintain the following:
1. Records of employment, employment advertisements, application forms, and other
pertinent data, records and information related to employment, applications for
employment or the administration or delivery of services or any other benefits under
this Agreement; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Recipient by all businesses seeking to participate on this Agreement, and any other
information necessary to document the actual use of and payments to sub-awardees
and suppliers in this Agreement, including employment records.
The County may visit the site of the work and the Recipient’s office to review the foregoing
records. The Recipient shall provide every assistance requested by the County during such
visits. In all other respects, the Recipient shall make the foregoing records available to the
County for inspection and copying upon request. If this Agreement involves federal funds, the
Recipient shall comply with all record keeping requirements set forth in any federal rules,
regulations or statutes included or referenced in the Agreement documents.
C. Except as provided in Section 6 of this Agreement, the records listed in A and B above shall
be maintained for a period of six (6) years after termination hereof unless permission to
destroy them is granted by the Office of the Archivist in accordance with Revised Code of
Washington (RCW) Chapter 40.14.
D. Medical records shall be maintained and preserved by the Recipient in accordance with state
and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160,
and standard medical records practice. If the Recipient ceases operations under this
Agreement, the Recipient shall be responsible for the disposition and maintenance of such
medical records.
E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the
Recipient’s performance under this Agreement and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56.
F. The Recipient agrees that all information, records, and data collected in connection with this
Agreement shall be protected from unauthorized disclosure in accordance with applicable
state and federal law.
6. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Recipient shall not use protected health information created or shared under this Agreement in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Recipient shall read and certify compliance with all HIPAA requirements at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts
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5
7. Audits
A. If the Recipient is a municipal entity or other government institution or jurisdiction, it shall notify
the County in writing within 30 days of when its annual report of examination/audit, conducted
by the Washington State Auditor, has been completed.
B. Additional audit or review requirements which may be imposed on the County will be passed
on to the Recipient and the Recipient will be required to comply with any such requirements.
8. Corrective Action
If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed
to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in
any manner the work or services agreed to herein, and if the County deems said breach to warrant
corrective action, the following sequential procedure will apply:
A. The County will notify the Recipient in writing of the nature of the breach;
The Recipient shall respond in writing within three (3) working days of its receipt of such
notification, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shall specify the proposed completion date for bringing
the Agreement into compliance, which date shall not be more than ten (10) days from the date
of the Recipient’s response, unless the County, at its sole discretion, specifies in writing an
extension in the number of days to complete the corrective actions;
B. The County will notify the Recipient in writing of the County’s determination as to the
sufficiency of the Recipient’s corrective action plan. The determination of sufficiency of the
Recipient’s corrective action plan shall be at the sole discretion of the County;
C. In the event that the Recipient does not respond within the appropriate time with a corrective
action plan, or the Recipient’s corrective action plan is determined by the County to be
insufficient, the County may commence termination or suspension of this Agreement in whole
or in part pursuant to Section 1.C.;
D. In addition, the County may withhold any payment owed the Recipient or prohibit the
Recipient from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Subsections B, C, D, and E.
9. Dispute Resolution
The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that
arise in connection with this Agreement. Both parties will make a good faith effort to continue without
delay to carry out their respective responsibilities under this Agreement while attempting to resolve
the dispute under this section.
10. Hold Harmless and Indemnification
A. In providing services under this Agreement, the Recipient is an independent contractor, and
neither it nor its officers, agents, employees, or subcontractors are employees of the County
for any purpose. The Recipient shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service
rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, benefits,
or taxes, by, or on behalf of the Recipient, its employees, subcontractors and/or others by
reason of this Agreement. The Recipient shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs, and/or
Page 93 of 104
6
losses whatsoever occurring or resulting from (1) the Recipient’s failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work,
services, materials, or supplies by Recipient employees or other suppliers in connection with
or support of the performance of this Agreement.
B. The Recipient further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason, to comply with the terms of this Agreement by the
Recipient, its officers, employees, agents, or subcontractors. This duty to repay the County
shall not be diminished or extinguished by the prior termination of the Agreement pursuant to
the Term and Termination section.
C. The Recipient shall defend, indemnify, and hold harmless the County, its officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers,
employees, sub-awardees and/or agents in its performance or non-performance of its
obligations under this Agreement. In the event the County incurs any judgment, award, and/or
cost arising therefrom including attorneys’ fees to enforce the provisions of this article, all
such fees, expenses, and costs shall be recoverable from the Recipient.
D. The County shall defend, indemnify, and hold harmless the Recipient, its officers, employees,
and agents from any and all costs, claims, judgments, and/or awards of damages, arising out
of, or in any way resulting from, the negligent acts or omissions of the County, its officers,
employees, or agents in its performance or non-performance of its obligations under this
Agreement. In the event the Recipient incurs any judgment, award, and/or cost arising
therefrom including attorneys’ fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name,
and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Agreement.
G. The indemnification, protection, defense and save harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
11. Insurance Requirements
By the date of execution of this Agreement, the Recipient shall procure and maintain for the
duration of this Agreement, insurance against claims for injuries to persons or damages to property
which may arise from, or in connection with, the performance of work hereunder by the Recipient,
its agents, representatives, employees, and/or sub-awardees. The costs of such insurance shall be
paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance
and policy endorsements for each sub-awardee as evidence of compliance with the insurance
requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the
insurance requirements stated herein. Failure by the Recipient, its agents, employees, officers, sub-
awardee, providers, and/or provider sub-awardees to comply with the insurance requirements
stated herein shall constitute a material breach of this Agreement. Specific coverages and
requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts;
Recipients shall read and provide required insurance documentation prior to the signing of this
Agreement.
12. Assignment/Sub-agreements
A. The Recipient shall not assign or sub-award any portion of this Agreement or transfer or
assign any claim arising pursuant to this Agreement without the written consent of the County.
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7
Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to
the date of any proposed assignment.
B. “Sub-agreement” shall mean any agreement between the Recipient and a sub-awardee or
between sub-awardees that is based on this Agreement, provided that the term “sub-
awardee” does not include the purchase of (1) support services not related to the subject
matter of this Agreement, or (2) supplies.
C. The Recipient shall include Sections 2.E., 2.G., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 27, and the Funder’s Special Terms and Conditions, if attached, in every sub-
agreement that relates to the subject matter of this Agreement.
D. The Recipient agrees to include the following language verbatim in every sub-agreement for
services which relate to the subject matter of this Agreement:
“Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of damages
arising out of, or in any way resulting from the negligent act or omissions of sub-awardee, its
officers, employees, and/or agents in connection with or in support of this Agreement. Sub-
awardee expressly agrees and understands that King County is a third party beneficiary to this
Agreement and shall have the right to bring an action against sub-awardee to enforce the
provisions of this paragraph.”
13. Nondiscrimination and Equal Employment Opportunity
The Recipient shall comply with all applicable federal, state and local laws regarding discrimination,
including those set forth in this Section.
During performance of the Agreement, the Recipient agrees that it will not discriminate against any
employee or applicant for employment because of the employee or applicant's sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based upon a bona
fide occupational qualification. The Recipient will make equal employment opportunity efforts to
ensure that applicants and employees are treated, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression
or age. Additional requirements are at
http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and
certify compliance.
14. Conflict of Interest
A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply
with such requirements shall be a material breach of this Agreement, and may result in
termination of this Agreement pursuant to Section II and subject the Recipient to the remedies
stated therein, or otherwise available to the County at law or in equity.
B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable consideration,
thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any
county official or employee. The Recipient acknowledges that if it is found to have violated the
prohibition found in this paragraph, its current Agreements with the county will be cancelled
and it shall not be able to bid on any county Agreement for a period of two years.
C. The Recipient acknowledges that for one year after leaving County employment, a former
County employee may not have a financial or beneficial interest in an agreement or grant that
was planned, authorized, or funded by a County action in which the former County employee
participated during County employment. Recipient shall identify at the time of offer current or
former County employees involved in the preparation of proposals or the anticipated
performance of Work if awarded the Agreement. Failure to identify current or former County
Page 95 of 104
8
employees involved in this transaction may result in the County’s denying or terminating this
Agreement. After Agreement award, the Recipient is responsible for notifying the County’s
Project Manager of current or former County employees who may become involved in the
Agreement any time during the term of the Agreement.
15. Equipment Purchase, Maintenance, and Ownership
A. The Recipient agrees that any equipment purchased, in whole or in part, with Agreement
funds at a cost of $5,000 per item or more, when the purchase of such equipment is
reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the
County and/or federal/state government. The Recipient shall be responsible for all such
property, including the proper care and maintenance of the equipment.
B. The Recipient shall ensure that all such equipment will be returned to the County or
federal/state government upon termination of this Agreement unless otherwise agreed upon
by the parties.
16. Proprietary Rights
The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material
or article should result from the work described herein, all rights accruing from such material or
article shall be the sole property of the party that produces such material or article. If any patentable
or copyrightable material or article should result from the work described herein and is jointly
produced by both parties, all rights accruing from such material or article shall be owned in
accordance with US Patent Law. Each party agrees to and does hereby grant to the other party,
irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article
and use any method that may be developed as part of the work under this Agreement.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient which are modified for use in the
performance of this Agreement.
The foregoing provisions of this section shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Recipient that are not modified for use in the
performance of this Agreement.
17. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
18. King County Recycled Product Procurement Policy
In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides
of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper
copies are required.
19. Future Support
The County makes no commitment to support the services awarded for herein and assumes no obligation
for future support of the activity awarded herein except as expressly set forth in this Agreement.
20. Entire Agreement/Waiver of Default
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
or written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Agreement.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
Page 96 of 104
9
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
21. Amendments
Either party may request changes to this Agreement. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Agreement. Changes to the
County’s Agreement numbering system or fund source may be made unilaterally by the County and
without the need for amendment of this Agreement. The Recipient shall be notified in writing of any
changes in the Agreement number or fund source assigned by the County; provided, however, that
the total compensation allocated by the County through this Agreement does not change.
22. Notices
Whenever this Agreement provides for notice to be provided by one party to another, such notice shall
be in writing and directed to the chief executive office of the Recipient and the project representative of
the County department specified on page one of this Agreement. Any time within which a party must
take some action shall be computed from the date that the notice is received by said party.
23. Services Provided in Accordance with Law and Rule and Regulation
The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules
and regulations promulgated thereunder, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Agreement, all of which are
incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or attachment
to this Agreement, the language in the Agreement shall have control over the language contained in
the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary.
24. Applicable Law
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. The venue for any action hereunder shall be in the Superior Court for King County,
Washington.
25. Electronic Processing and Signatures
The parties agree that this Agreement may be processed and signed electronically, which if done
so, will be subject to additional terms and conditions found at
https://www.docusign.com/company/terms-of-use.
The parties acknowledge that they have consulted with their respective attorneys and have had the
opportunity to review this Agreement. Therefore, the parties expressly agree that this Agreement
shall be given full force and effect according to each and all of its express terms and provisions and
the rule of construction that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Agreement.
The parties executing this Agreement electronically have authority to sign and bind its represented
party to this Agreement.
26. Counterparts and Signatures by Fax or Email
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement. Further, upon executing this
Agreement, either party may deliver the signature page to the other by fax or email and that
signature shall have the same force and effect as if the Agreement bearing the original signature
was received in person.
27. No Third Party Beneficiaries
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10
Except for the parties to whom this Agreement is assigned in compliance with the terms of this
Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not
impart any rights enforceable by any person or entity that is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
Page 98 of 104
City of Auburn 1
Agreement # 6155 EHS
EXHIBIT A
SCOPE OF WORK
CITY OF AUBURN
1/1/2021-12/31/2022
Background
The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in
1997 and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the
Seattle Public Utilities, the King County Water and Land Resources Division and Public Health
– Seattle and King County) and the cities located in King County. The Washington State
Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan.
The City is an active and valued partner in the regional Local Hazardous Waste Management
Program (hereafter referred to as the “Program”).
The purpose of this Exhibit is to define the relationship associated with the Program’s funding of
City activities performed under the auspices of the Plan and as approved by the Program’s
Management Coordination Committee (hereinafter referred to as the “MCC”). This Agreement
further defines the responsibilities of the City and Public Health – Seattle and King County with
respect to the transfer of Program monies.
Scope of Work
The City will create and mail newsletters, flyers or postcards about household hazardous waste
to Auburn residents and/or businesses, and also hire a consultant to provide outreach, education
and presentations at public events and online. The consultant will also educate businesses on
hazardous waste disposal and the use of safer alternatives.
The City will also hire a consultant to educate Auburn School District students and/or summer
camp attendees about hazardous waste through hands-on classroom and/or virtual presentations.
Responsibilities of the Parties
The City
1. The City shall develop and submit project proposals and budget requests to the Program’s
Contract Administrator. Funds provided to the City by the Program pursuant to this
Agreement shall be used to implement hazardous waste programs and/or services as
approved by the MCC.
Page 99 of 104
City of Auburn 2
2. The City shall submit timely reimbursement requests as negotiated with the Contract
Administrator. For reimbursement, the City shall submit the following to the Contract
Administrator:
a) An invoice (see Exhibit C). Invoices should be sent to the Contract
Administrator for approval and payment.
b) A brief description of activity accomplished and funds expended in
accordance with the scope of work.
c) Copies of invoices for expenditures or a financial statement prepared by the
City’s finance department. The financial statement should include vendor
names, a description of services provided, date paid and a check or warrant
number.
3. The City shall submit to the Contract Administrator no later than December 5th of each year a
final invoice or estimate for activities completed in that calendar year.
4. The City agrees to appropriately acknowledge the Program in all media produced – in part or
in whole – with Program funds. Where feasible, the City will use the Program’s logo. The
intent of this provision is to further strengthen this regional partnership in the public’s mind.
5. The City agrees to provide the Program with copies of all media material produced for local
hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program
money provided that the Program credits the City as the originator of that material.
6. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street,
Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee.
7. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled
by the Contract Administrator should be referred to the LHWMP Program Director for
resolution.
Seattle-King County Department of Public Health
1. The Seattle-King County Department of Public Health shall administer, via the attached
Agreement, the transfer of Program funds to the City for hazardous waste management
events and activities.
2. Within ten (10) working days of receiving a request for reimbursement from the City,
the Contract Administrator shall either notify the City of any exceptions to the request
which have been identified or shall process the request for payment. If any exceptions
to the request are made, this shall be done by written notification to the City providing
the reason for such exception. The Contract Administrator will not authorize payment
for activities and/or expenditures that are not included in the scope of work, unless the
scope has been amended. The Contract Administrator retains the right to withhold all or
partial payment if the City’s invoices are incomplete (e.g. they do not include proper
Page 100 of 104
City of Auburn 3
documentation of expenditures for which reimbursement is being requested) or are not
consistent with the submitted scope of work.
Program Contacts
Lynda Ransley Joy Carpine-Cazzanti
LHWMP Program Director LHWMP Contract Administrator
201 S Jackson St, Ste. 5600 401 Fifth Avenue, Suite 1100
Seattle, WA 98104 Seattle, WA 98104
206-263-8241 206-263-0365
lynda.ransley@kingcounty.gov jcarpine@kingcounty.gov
Page 101 of 104
City of Auburn
Agreement # 6155 EHS
EXHIBIT B
2021-2022 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Auburn
25 W Main Street,
Auburn, WA 98001-4998
Component Description 2021-2022 Budget Total
Household Hazardous
Waste Activities
$66,471.54 $66,471.54
TOTAL
$66,471.54 $66,471.54
Footnote: The 2021-2022 budget can be partly or totally spent in either 2021 and/or 2022 but
cannot exceed the budget total in these two years.
Page 102 of 104
ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
Purchase Order #
Supplier Name City of Auburn
Agreement # 6155 EHS Supplier # 1033
Exhibit C Supplier Pay Site City of Auburn
Period of Performance: 1/1/21‐12/31/22 Remit to Address 25 W Main St
Auburn, WA 98001‐4998
Invoice Date
Invoice #
Amount to be Paid
PH Program name/phone
jcarpine@kingcounty.gov Start End
Date Date
MM/DD/YY
Project
1114016
Recipient Signed Date PH Authorization / Approval Date
Print Name
Attach sheet for multiple POETAs
$66,471.54
I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims,
statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve as supporting documentation to this
reimbursement request.
Total $66,471.54
INVOICE
City of Auburn
25 W Main St
Auburn, WA 98001‐4998
Invoice Processing Contact: Joan Nelson
(253) 931‐5103
jenelson@auburnwa.gov
Joy Carpine‐Cazzanti
Local Hazardous Waste Management Program
Task
401 5th Ave., Suite 1100
Seattle, WA 98104
Invoice for services rendered under this
Agreement for the period of:
Organization Expend Acct CPA
00153105
Amount
Balance
$66,471.54$66,471.54
King County Accounts Payable Information
Public Health ‐ Seattle & King County
860000
Kristin Painter (206) 477‐5470
Submit signed invoice to:
HHW Activities
2021‐22 Budget Previously Billed CumulativeExpenditure Item Current
Page 103 of 104
Salaries & Wages‐ List by Employee Hours Rate of Pay/ Hr Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Fringe Benefits Base Rate Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Consultant Costs‐ Itemize by consultant
below
Unit of measure Rate Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
‐$ ‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$ ‐$
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Supplies‐ Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Travel Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
In State Travel Total # of Miles Rate
Out of State Travel # of People Rate
Per Diem and Lodging # of People # of Units Unit Cost
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Other Costs‐ Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
‐$ ‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Overhead Costs‐ Please detail below Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$ ‐$
Subtotal ‐$ ‐$ ‐$ ‐$ ‐$
Budget Previously
Billed
Current
Expenditure
Cumulative
(Previous +
Current)
Balance (Budget
less Cumulative)
Direct Costs Total ‐$ ‐$ ‐$ ‐$ ‐$
‐$ ‐$ ‐$ ‐$
Grand Total ‐$ ‐$ ‐$ ‐$ ‐$
Notes regarding this Invoice
INVOICE DETAIL
Invoice Detail Page 2
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