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HomeMy WebLinkAbout10-18-2021 City Council AgendaCity Council Meeting October 18, 2021 - 7:00 P M City Hall Council Chambers and Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R I I .P UB L I C PART I C IPAT IO N 1.Public Participation T he Auburn City Council Meeting scheduled for Monday, October 18, 2021 at 7:00 p.m. will be held in person and virtually. Virtual P articipation L ink: To attend the meeting virtually please click one of the below links, enter the meeting I D into the Z oom app, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: Z oom: https://us06web.zoom.us/j/85800390241 T he public can also view the meeting on YouTube: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To join the meeting by phone, please use the below call-in information: 253 215 8782 877 853 5257 (Toll Free) Webinar I D: 858 0039 0241 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 I V.AG E ND A M O D I F IC AT I O NS V.NE W B US I NE S S Page 1 of 158 V I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E A .P ublic Hearings 1.Public Hearing I n P erson or Virtual P articipation Any interested person is invited to attend the public meeting or submit written comments, voicing approval or disapproval on the sale of City owned property located at 302 L und Rd to B ridge Acquisition, L L C or declaring real property located at 1101 D S treet NE as surplus. All written comments must be received prior to 5:00 p.m. on October 18, 2021. 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 2.Public Hearing for S ale of Real Property City Council to hold a public hearing to consider the sale of City owned real property located at 302 L und Rd to Bridge A cquisition, L L C 3.Public Hearing Date for Declaring Real Property Surplus City Council to hold a public hearing to consider declaring a portion of real property at 1101 D S treet NE as surplus 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.T he public can participate in-person or submit written comments in advance. 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 Page 2 of 158 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 .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) V I I I .C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the October 4, 2021 Regular Council Meeting B .S et a P ublic Hearing for the 2022 Community Development B lock Grant A nnual A ction Plan (Tate) City Council to set a P ublic Hearing date for the City of Auburn’s Community Development Block Grant 2022 A nnual A ction Plan C.S et Public Hearings for the 2021-2022 B iennial B udget (Thomas) City Council to set public Hearing Dates for the 2021-2022 Biennial Budget D.Claims Vouchers (Thomas) Claim voucher list dated October 18, 2021 which includes voucher numbers 465197 through 465403 in the amount of $5,235,671.71 and three wire transfers in the amount of $1,061.435.82 E .P ayroll Vouchers (T homas) P ayroll check numbers 539205 through 539211 in the amount of $76,005.99, electronic deposit transmissions in the amount of $2,383,668.11, and a draw for check number 539204 in the amount of $300.00 for a grand total of $2,459,974.10 for the period covering S eptember 24, 2021 to October 13, 2021 are approved for payment this 18th, day of October, 2021 (RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.) I X.UNF INIS HE D B US I NE S S Page 3 of 158 X .RE S O L UT IO NS A .Resolution No. 5617 (Comeau) A Resolution authorizing the Mayor to execute a contract for the sale of City owned Real Property to B ridge Acquisition, L L C (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5617.) B .Resolution No. 5620 (Comeau) A Resolution amending the City of A uburn Fee S chedule to adjust for 2021 fees (R ECOMMENDE D A C T I ON: Move to adopt Re solution No. 5620.) C.Resolution No. 5621 (Comeau) A Resolution declaring certain Real P roperty as surplus, and authorizing the Mayor to execute a contract for the sale of surplus Real Property to the Valley Regional F ire A uthority (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5621.) D.Resolution No. 5624 (Caillier) A Resolution (1) authorizing the Mayor to sign a contract with Axon E nterprise, I nc., for P olice Body Worn Cameras and related equipment, and (2) allocating A R PA funds toward the contract purchase (RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5624.) X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A .From the Council B .From the M ayor X I I .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 158 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing for Sale of Real Property Date: October 12, 2021 Department: City Attorney Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to hold a public hearing in consideration of Resolution No. 5617 to receive public comments and suggestions regarding sale of City owned real property to Bridge Acquisition, LLC. See Resolution No. 5617 for further action on this item. Background for Motion: Background Summary: The City is conducting a public hearing under RCW 39.33.020 and accepting testimony on proposed Resolution No. 5617 authorizing the Mayor to negotiate and execute a sales agreement for the sale of 302 Lund Road to Bridge Acquisitions, LLC, property having previously been declared as surplus by the Auburn City Council in Section 1 of Resolution 5384. 302 Lund Rd is an undeveloped 8.26 acre parcel the City acquired in 2006, purchasing the property from King County. A 2011 Wetland Report conducted by City of Auburn staff classified 8 of the 8.26 acres (97%) as a Category II wetland. The property is currently zoned M1, light industrial. The M1 zone accommodates a variety of industrial and commercial uses while limiting residential uses. The surrounding properties to the north, south and west are all developed with industrial uses. The property adjacent to the east of 302 Lund Road is vacant property with the M1 zoning designation. The Buyer intends to purchase 302 Lund Road for the develop an industrial building or to be used for mitigation purposes. A covenant on the deed to be transferred will require that 302 Lund Road be maintained as wetlands or mitigated per SEPA requirements. Rev iewed by Council Committees: Councilmember:Staff:Comeau Meeting Date:October 18, 2021 Item Number:PH.2 Page 5 of 158 Page 6 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing Date for Declaring Real Property Surplus Date: October 12, 2021 Department: City Attorney Attachments: No Attachments Av ailable Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to hold a public hearing in consideration of Resolution No. 5621 to receive public comments and suggestions regarding declaring a portion of real property at 1101 D Street NE as surplus. See Resolution No. 5621 for further action on this item. Background for Motion: Background Summary: The City is conducting a public hearing under RCW 39.33.020 and accepting testimony on proposed Resolution No. 5621 prepared by the City to recognize City owned property located at 1101 D St NE, Auburn, WA 98002 as “surplus”. This property located at 1101 D St NE is approximately 95,419 total square feet, however, a 5.5 ft strip along the eastern boundary will be dedicated for right of way leaving the remaining 92,503 feet of the city owned property for the surplus declaration. The 2.12-acre property to be recognized as “surplus” is developed and leased to Valley Regional Fire Authority as a fire station. The City acquired title to the property in 1984 and thereafter, began making improvements to the property for use as a fire station by the Auburn Fire Department. On January 1, 2007 as a result of a voter-approved measure, the Auburn Fire Department combined with the Pacific Fire Department and the City of Algona to form the Valley Regional Fire Authority (VRFA), which provides fire and EMS services to all three Cities. The City retained ownership of the real property and leased it to VRFA for continued use as a fire station as outlined in the Valley Regional Fire Authority – Regional Fire Protection Service Authority Plan dated August 29, 2006. VRFA now desires to purchase 1101 D St NE, Auburn continuing its use as a fire station. Rev iewed by Council Committees: Page 7 of 158 Councilmember:Staff:Comeau Meeting Date:October 18, 2021 Item Number:PH.3 Page 8 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the October 4, 2021 Regular Council Meeting Date: October 7, 2021 Department: City Council Attachments: 10-04-2021 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:October 18, 2021 Item Number:CA.A Page 9 of 158 City Council Meeting October 4, 2021 - 7:00 P M Virtual MINUT E S Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C AL L T O O RD E R The City Council Meeting was held virtually. I I .V I RT UAL PART IC I PAT I O N L I NK 1.Virtual P articipation L ink T he City Council Meeting was held virtually. A .P ledge of Allegiance Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers of A uburn City Hall, 25 West Main S treet. The Honor Guard presented Council with "P osting the Color" and Mayor Backus led those in attendance in the Pledge of Allegiance. B .Roll Call Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga and Chris Stearns. Councilmember Yolanda Trout-Manuel was excused. Mayor Nancy Backus, Director of A dministration Dana Hinman, Assistant Director of I nnovation and Technology Ashley Riggs, I nnovation and Technical Support S pecialist Danika Olson and City Clerk Shawn Campbell were in Chambers. The following department directors and staff members attended the meeting virtually: City Attorney Kendra Comeau, Director of Community Development J eff Tate, Director of P arks, A rts, and Recreation Daryl Faber, Director of F inance J amie T homas, A ssistant Director of E ngineering Services J acob Sweeting, E conomic Development Coordinator J enn Francis, S K HHP Executive Manager Angela S an F ilippo and P atrol Officer Tim Nunn. Page 1 of 6Page 10 of 158 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 A .P olice Promotional P resentation Mayor Backus and Chief O'Neil presented the promotion of Tyson L uce to S ergeant and Todd B yers to Commander. Chief O'Neil also swore in S ergeant L uce and Commander B yers. Mayor Backus honored Chief O'Neil for his years of services and thanked him for his service to the City. S he wished him the best in his retirement. Mayor Backus swore in Mark Caillier as the Police Chief for the City of A uburn. Mayor Backus recessed the meeting at 7:33 p.m. for 20 Minutes. The meeting reconvened at 7:53 p.m. B .Domestic Violence Awareness Month Proclamation Mayor Backus to proclaim October 2021 as Domestic Violence Awareness Month in the City of A uburn Mayor Backus read and proclaimed October 2021 as Domestic Violence Awareness Month in the City of Auburn. C.A nti B ullying Month P roclamation Mayor Backus to proclaim October 2021 as Anti Bullying Awareness Month in the City of Auburn Mayor Backus read and proclaimed October 2021 as Anti Bullying Awareness Month in the City of Auburn. D.I ndigenous P eoples' Day Mayor Backus to proclaim October 12, 2021 as I ndigenous P eoples’ Day in the City of A uburn Mayor Backus read and proclaimed October 12, 2021 as I ndigenous P eoples’ Day in the City of A uburn. I V.AG E ND A M O D I F IC AT I O NS There were no modifications to the agenda. V.NE W B US I NE S S There was no new business. Page 2 of 6Page 11 of 158 V 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 Teresa Hudgins expressed concerns regarding garbage around the waterways in A uburn and ways to volunteer to clean it up. S araRose Orsey expressed concerns about increased crime in A uburn. C.Correspondence There was no correspondence for Council to review. V 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) Councilmember Baggett, Chair of the F inance ad hoc committee, reported he and Councilmember J eyaraj have reviewed the claims and payroll vouchers described on the agenda this evening and recommended their approval. V I I I .C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .Minutes of the S eptember 20, 2021 Regular Council Meeting B .Minutes of the S eptember 27, 2021 S tudy S ession C.Claim Vouchers (Thomas) Claim voucher list dated October 4, 2021 which includes voucher numbers 464996 through 465196 in the amount of $2,176,298.69 and four wire transfers in the amount of $303,276.87 Page 3 of 6Page 12 of 158 D.P ayroll Vouchers (T homas) P ayroll check numbers 539197 through 539203 in the amount of $589,921.08, and electronic deposit transmissions in the amount of $2,174,273.31, for a grand total of $2,764,194.39 for the period covering September 17, 2021 to S eptember 29, 2021 are approved for payment this 4th, day of October, 2021 E .S et Public Hearing Date for S ale of Real Property (Comeau) F.S et a P ublic Hearing Date for Declaring Real P roperty S urplus (Comeau) G.Contract Award-Arts & Culture Center (Faber) Award Contract No. 21-17, to A merican West Construction, L L C on their total low bid of $1,809,318.32 plus Washington State sales tax of $182,741.15 and $100,000 contingency for a total contract price of $ 2,092,059.47 for Project No. C P1612 A uburn Arts and Culture Center Deputy Mayor DaCorsi moved and Councilmember B rown seconded to approve the consent agenda. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 I X.UNF INIS HE D B US I NE S S There was no unfinished business. X .O RD INANC E S A .Ordinance No. 6834 (Hinman) A n Ordinance relating to the membership of the J unior City Council, and amending S ection 2.07.040 of the Auburn City Code Deputy Mayor DaCorsi moved and Councilmember J eyaraj seconded to adopt Ordinance No. 6834. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B .Ordinance No. 6835 (Gaub) A n Ordinance relating to abandoned utility services and clarifying the process for reestablishing utility services, amending Sections 13.06.140 and 13.20.235 of the A uburn City Code Councilmember S tearns moved and Councilmember B aggett seconded to adopt Ordinance No. 6835. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 Page 4 of 6Page 13 of 158 X I .RE S O L UT IO NS A .Resolution No. 5622 (Tate) A Resolution approving the South K ing Housing and Homelessness 2022 Work Plan and 2022 Operating B udget Deputy Mayor DaCorsi moved and Councilmember Mulenga seconded to adopt Resolution No. 5622. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 B .Resolution No. 5627 (Comeau) A Resolution declaring an A uburn P olice Department firearm as surplus property and approving its transfer to Rainier A rms, L L C Councilmember J eyaraj moved and Councilmember Brown seconded to adopt Resolution No. 5627. MO T I O N C A R R I E D UNA NI MO US LY. 6-0 X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A .From the Council Deputy Mayor DaCorsi reported he attended the K ing County A ffordable Housing Committee Meeting and the Auburn Symphony Orchestra opening concert. Councilmember B rown reported he attended a tour of the Maintenance and Operations facility and the various City water facilities. Councilmember S tearns reported he attended a tour of the Maintenance and Operations facility, the various City water facilities and a tour of the Green River with Water Resource I nventory Area 9 (W R I A9). He also thanked the Mayor for recognizing I ndigenous People. Councilmember J eyaraj thanked the Maintenance and Operations Department for the tour of their facility. B .From the M ayor Mayor Backus announced she will be at the Grocery Outlet tomorrow morning for a fundraiser. Page 5 of 6Page 14 of 158 X I I I .AD J O URNM E NT There being no further business to come before the Council, the meeting was adjourned at 8:22 p.m. A P P R O V E D this 18th day of October, 2021. ____________________________ ____________________________ NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 6 of 6Page 15 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Set a Public Hearing for the 2022 Community Development Block Grant Annual Action Plan (Tate) Date: October 11, 2021 Department: Community Development Attachments: 2022 NPH CDBG Final Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to set a Public Hearing date for the City of Auburn’s Community Development Block Grant 2022 Annual Action Plan to be held on November 1, 2021 at 7:00 p.m. Background for Motion: Background Summary: The City of Auburn’s Community Development Block Grant (CDBG) Citizen Participation Plan requires Public Hearings to be held at two key stages of the Annual Action Planning process – prior to development to gain input on what should be included, and after the Action Plan has been drafted. The City of Auburn Human Services Committee held an initial Public Hearing during their September 27, 2021 meeting. Staff requests that the City Council provide permission to call for a Public Hearing for the proposed 2022 CDBG Annual Action Plan to be held on November 1, 2021 at 7:00 p.m. The proposed 2022 Annual Action Plan is a requirement for the Department of Housing and Urban Development's CDBG Program. The Action Plan describes housing and community development needs as well as proposed activities to address those needs. The Action Plan will reflect all public comments received. The Action Plan brings together the planning and funding recommendations for human services, neighborhood revitalization and capital improvements funded by the Community Development Block Grant program. The draft plan is posted on the City’s Community Services Division webpage, and written copies are available upon request. Rev iewed by Council Committees: Councilmember:Mulenga Staff:Tate Meeting Date:October 18, 2021 Item Number:CA.B Page 16 of 158 Page 17 of 158 CITY OF AUBURN NOTICE OF PUBLIC HEARING AND PUBLIC COMMENTS SOUGHT REGARDING THE 2022 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Auburn, Washington ⎯ The City Council will conduct a public hearing in the Auburn City Hall Council Chambers, 25 West Main Street, on Monday, November 1, 2021 at 7:00 p.m. or soon thereafter. The purpose of this public hearing is to solicit public comments on the 2022 CDBG Annual Action Plan prior to its submission of the plan to U.S. Department of Housing and Urban Development (HUD). The proposed 2022 Annual Action Plan is a requirement for the Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program. The Action Plan describes housing and community development needs as well as activities to address those needs. The Action Plan brings together the planning and funding recommendations for human services, neighborhood revitalization and capital improvements funded by the Community Development Block Grant program. The Plan includes project descriptions, recommended funding and proposed accomplishments for the 2022 program year. In accordance with 24 CFR 91 of HUD, the City of Auburn solicits comments and public review for its 2022 Community Development Block Grant (CDBG) program. Copies of the Consolidated Plan and the 2022 Action Plan are available, at no charge, from the City of Auburn's Community Services Department located at 25 W. Main Street, Auburn, 98001. It is also posted on the City’s website at www.auburnwa.gov/communityservices. The deadline for the consideration of written comments and/or suggestions is Monday, November 1, 2021; they may be addressed to Joy Scott with Auburn’s Community Services at the above address, faxed to (253) 288-3132, or emailed to jfscott@auburnwa.gov. Comments can also be submitted online, at www.speakupauburn.org/cdbg. Interested residents may also offer oral comments at the City Council public hearing on Monday, November 1, 2021. The public hearing will be held in person and virtually. To join from a PC, Mac, iPad, iPhone or Android device: Please visit this URL to join. https://us06web.zoom.us/j/83093526064 Or join by phone: 253 215 8782 877 853 5257 (Toll Free) Webinar ID: 830 9352 6064 Non-English speaking residents with speech, sight, or hearing impairments who wish to review the documents or comment at the public hearing should contact the Auburn Department of Community Development. Each request will be considered individually according to the type of assistance required, the availability of resources, and the financial ability of the City to provide accommodation. Page 18 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Set Public Hearings for the 2021-2022 Biennial Budget (Thomas) Date: October 13, 2021 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Administrativ e Recommendation: City Council to approve public hearings to be held on November 1, 2021 and November 15, 2021. Background for Motion: Background Summary: These are the initial public hearings held concerning the proposed modifications to the 2021- 2022 Biennial Budget, including revenue estimates and possible increases in property taxes. These hearings provide an opportunity for any citizens to make comments or suggestions regarding the mid-biennial correction prior to its adoption. Public Hearing #1 – November 1, 2021 – 2021-2022 Mid-Biennial Budget Amendment Public Hearing #2 – November 1, 2021 – 2022 Property Tax Levy Public Hearing #3 – November 15, 2021 - 2021-2022 Mid-Biennial Budget Amendment Rev iewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:October 18, 2021 Item Number:CA.C Page 19 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers (Thomas) Date: October 7, 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 October 18, 2021 which includes voucher numbers 465197 through 465403 in the amount of $5,235,671.71 and three wire transfers in the amount of $1,061.435.82. Rev iewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:October 18, 2021 Item Number:CA.D Page 20 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers (Thomas) Date: October 7, 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 539205 through 539211 in the amount of $76,005.99, electronic deposit transmissions in the amount of $2,383,668.11, and a draw for check number 539204 in the amount of $300.00 for a grand total of $2,459,974.10 for the period covering September 24, 2021 to October 13, 2021 are approved for payment this 18th, day of October, 2021. Rev iewed by Council Committees: Councilmember:Baggett Staff:Thomas Meeting Date:October 18, 2021 Item Number:CA.E Page 21 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5617 (Comeau) Date: October 12, 2021 Department: City Attorney Attachments: Res olution No. 5617 Res olution No. 5617 Exhibit A - Term Sheet BridgeDev - Auburn Land - City of Auburn 7.21.21 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5617. Background for Motion: The City declared this property surplus to its needs back in 2018. Bridge Development Partners or Bridge Acquisition, is a strong international company experienced in industrial development. Development of this surplus property and the surrounding properties will benefit the City by adding to its tax and economic base. Background Summary: The property located at 302 Lund Rd was purchased from King County on 9/19/2006 for $180,000 authorized by City Council under resolution 4099. On October 15, 2018, Council passed resolution 5384 which, 1) declared the property as surplus to the needs of the City, and 2) authorized the sale of the property to Papé Properties, Inc. The sale of the property to Papé never materialized due to the cost and challenge associated with development of this property due to known wetlands on the property. Since 2018, other parties have expressed interest in the property for development purposes, but no party has taken serious action. Bridge Acquisition, LLC (“Bridge”) is a subsidiary of Bridge Development Partners. Bridge is a vertically integrated real estate operating company and investment manager focused on the development and acquisition of industrial properties. They are an international company with a regional office is Bellevue. Bridge owns and operates more than 5 million square feet of industrial property throughout the Seattle region. Bridge is recently developed on the Segale property located off of 8th Street SW and the former cold storage facility located off of 15th St SW next to the bus barn and the City’s Maintenance and Operations yard. Bridge intends to combine City owned Lund Road property with two privately owned 5 acre parcels (parcels 132104-9043 & 132104-9031) adjacent to the City’s property and develop industrial manufacturing/warehouse space. Properties in this area are zoned M1 which allows for industrial development. Many of the surrounding properties are already developed with Page 22 of 158 similar product. The City’s and adjoining private party parcels have known wetlands making the development of these properties challenging. Bridge’s experience in industrial development will be an asset in this regards. Rev iewed by Council Committees: Councilmember:Staff:Comeau Meeting Date:October 18, 2021 Item Number:RES.A Page 23 of 158 -------------------------------------- Resolution No. 5617 September 7, 2021 Page 1 of 2 A RESOLUTION NO. 5617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE SALE OF CITY OWNED REAL PROPERTY TO BRIDGE ACQUISITION, LLC WHEREAS, the City purchased 302 Lund Road from King County on September 19, 2006 for the overall enhancement of the City under the authority granted by Resolution 4099; and WHEREAS, Auburn City Council, through Section 1 of Resolution 5384 passed on October 15, 2018, declared the 302 Lund Rd as surplus property to the City’s needs; and WHEREAS, Bridge Acquisition, LLC has expressed desire to purchase 302 Lund Rd from the City and it is in the public interest to sell the surplus property at this time; and WHEREAS, the Auburn City Council held a public hearing in accordance with RCW 39.33.020, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, RESOLVES as follows: Section 1. The Mayor is authorized to execute a Contract for the sale of the following legally described real property: LEGAL DESCRIPTION LOT 2 OF AUBURN SP-11-85, RECORDING NO. 8601080790, SAID SHORT PLAT, DESCRIBED AS FOLLOWS: WEST ¾ OF THE WEST ½ OF THE NE ¼ OF THE SW ¼ OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, Page 24 of 158 -------------------------------------- Resolution No. 5617 September 7, 2021 Page 2 of 2 W.M., KING COUNTY, WASHINGTON, LESS STATE ROAD, LESS COUNTY ROAD more commonly referred to by King County tax parcel 1321049104, or by street address 302 Lund Rd. SW, Auburn, WA 98001 between the City and Bridge Acquisition, LLC in substantial conformity with the Term Sheet attached as Exhibit “A.” Section 2. The Mayor is authorized to implement those administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon 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 25 of 158 Page 26 of 158 Page 27 of 158 Page 28 of 158 Page 29 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5620 (Comeau) Date: September 27, 2021 Department: City Attorney Attachments: Res olution No. 5620 2022 Fee Schedule Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5620. Background for Motion: City Council to adopt Resolution No. 5620. The City Council passed Ordinance 5707 which provided for the adoption of a Fee Schedule. Every year, City staff reviews the fees charged by their respective departments and recommend adjustments based on current costs, or inflation where appropriate. This resolution would approve the proposed adjustments and amend the City of Auburn Fee Schedule for fees to be charged in 2022. Background Summary: Resolution 5620 proposes modifications to the City's Fee Schedule as part of its annual review process. Each department has reviewed its fees, rates, and charges, to ensure they are reflective of current costs and are adjusted for inflation where appropriate. T he City Council previously reviewed and discussed proposed fee changes for the Traffic Impact Fees at the May 10, 2021 Study Session and the new Sidewalk Repair Program fees at the September 27, 2021 Study Session. T he proposed increases related to utility System Development Charges are consistent with prior Council policy of using the current city cost index rate as published by ENR. In addition, on October 11, 2021, the Airport Advisory Board reviewed the Airport fees and recommended approval of the attached proposed fees changes. Rev iewed by Council Committees: Councilmember:Staff:Comeau Meeting Date:October 18, 2021 Item Number:RES.B Page 30 of 158 Page 31 of 158 -------------------------------- Resolution No. 5620 October 12, 2021 Page 1 of 2 Rev. 2020 RESOLUTION NO. 5620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY OF AUBURN FEE SCHEDULE TO ADJUST FOR 2022 FEES WHEREAS, the City of Auburn provides various services, a number of which entail charging a fee; and WHEREAS, the City Council provided for the adoption of a Fee Schedule with the passage of Ordinance 5707; and WHEREAS, it is appropriate to review and amend the schedule for City fees to be charged in 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The City of Auburn Fee Schedule is amended as set forth in the attached document. 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, and on January 1, 2022. Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR Page 32 of 158 -------------------------------- Resolution No. 5620 October 12, 2021 Page 2 of 2 Rev. 2020 ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 33 of 158 Page 1 CITY OF AUBURN FEE SCHEDULE FEES FOR CITY PERMITS, LICENSES, PUBLICATIONS, AND ACTIONS Effective January 1, 2022. A. PLANNING FEES (Per Ordinance No. 5707, Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, Resolution No. 3953, Resolution No. 4070, Resolution No. 4117, Resolution No. 4143, Ordinance No. 6077, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, Resolution No. 4552, Ordinance No. 6295, Resolution No. 4868, Resolution No. 4880, Resolution 4964, Ordinance 6477, Resolution No. 5016, Resolution 5114, Resolution No. 5181, Resolution No. 5213, Resolution No. 5228, Resolution No. 5255, Resolution No. 5312, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) 1. Application Fees: Applications for any action identified below shall not be accepted for filing, unless otherwise noted, until the fees per the below schedule have been paid to the City.1 Additional Meeting Fee (beyond the specified number) $308327.00 per meeting Additional Re-submittal Fee (applied after 3 city reviews of the application) $106112.00 per re-submittal Administrative Use Permits (covers 1 meeting with staff after which additional meeting fees apply) $1,7281,833.00 Appeal of Administrative Decisions issued under Chapter 1.25, Title 3, Title 5, Title 8, Title 14, Title 15, Title 16, Title 17, Title 18 or Title 19 to Hearing Examiner1. Hearing Examiner costs are included within the appeal fee and are therefore not billed separately. $1,1941,267.00 Preliminary Binding Site Plan2 (covers 2 meetings with staff after which additional meeting fees apply) $4,8185,112.00 + $68.00/lot Boundary Line Adjustment1: Residential (Single Family & Multi-Family) $1,4301,517.00 Non-Residential (includes mixed use projects) $2,1452,275.00 Boundary Line Elimination1 $562596.00 Comprehensive Plan Map Amendments3 (covers 2 meetings with staff after which additional meeting fees apply) $7,2127,651.00 (includes rezone application fee) Comprehensive Plan Text Amendments3 (covers 2 meetings with staff after which additional meeting fees apply) $7,2127,651.00 Conditional Use Permits1, 6 (covers 2 meetings with staff after which additional meeting fees apply): Residential (Single Family & Multi-Family) $2,2522,390.00 + Hearing Examiner expenses. 1 Please note that the City of Auburn may collect a review fee on behalf of the Valley Regional Fire Authority for certain land use and/or environmental reviews which fee is collected in addition to the City’s required fees. 2 Per Auburn City Code, a modification to an approved binding site plan shall be processed in the same manner as the original binding site plan approval. Therefore, the specified fee shall apply to a new or modified binding site plan approval request. 3 Fees for amendments to text or maps of the Comprehensive Plan apply only where an applicant seeks an amendment affecting specific properties rather than the City generally or property within the City generally. Page 34 of 158 Page 2 All Other (includes mixed use projects) $3,3783,583.00 + Hearing Examiner expenses. Conditional Use Permits4 – Minor Adjustment (covers 1 meeting with staff after which additional meeting fees apply): Residential (Single Family & Multi-Family) $1,2441,319.00 All Other (includes mixed use projects) $1,8661,980.00 Critical Areas Review: Required on-site mitigation, monitoring & reporting5 $3,7854,016.00 + actual costs for inspection and report preparation by contracted professional. Critical Areas Determinations (Exemptions or Applicability) $308327.00 City review of environmental studies, plans or reports (whether submitted with another city application or not and includes one re-submittal) $308327.00/study, plan or report Critical Areas Variance – administrative $308327.00 Critical Areas Variance – hearing examiner1, 6 $1,1591,230.00 + total hourly charge for Hearing Examiner + associated expenses to be paid by applicant prior to issuance of final decision. Current Use Taxation (covers 1 meeting with staff after which additional meeting fees apply) $9541,012.00 Development Agreement and Amendments $5,0075,312.00 + $66.00/lot or dwelling unit Architectural & Site Design Review and/or Major Modifications to Already Issued Design Review Decisions (covers 1 meeting with staff after which additional meeting fees apply) $2,2892,429.00 Architectural & Site Design Review Minor Modification (applies to already issued design review decisions) $331351.00 Eligible Facilities Request (EFR) Assoc. with modification of a wireless communication facility (WCF) $129.00 Environmental Review (covers 1 meeting with staff after which additional meeting fees apply): 4 Per Auburn City Code, a major adjustment to an approved conditional use permit shall be processed in the same manner as the original conditional use permit approval. Therefore, the specified fee shall apply to a new request for conditional use permit approval or a request for a major adjustment to a previously approved conditional use permit approval. 5 For monitoring required over multiple years, the total monitoring fee for the required monitoring period shall be paid prior to final plat approval or issuance of Certificate of Occupancy or release of required financial security. Page 35 of 158 Page 3 SEPA Checklist review1 (includes City issuance of DNS, MDNS, or DS as appropriate; if a DS, this fee is in addition to the review of the EIS) $1,2581,335.00 + $308327.00 /required study Revised or Supplemental SEPA Checklist review1 (includes City issuance of Addendum, if appropriate) $417443.00 + $308327.00 /required study SEPA 3rd Party Review Actual costs Environmental Impact Statement $10,32810,957.00 + actual costs for preparation of draft & final statements including labor, materials, mailing & other actual costs relating to the drafting & circulating of the EIS. Final Plats – Subdivisions and Final Binding Site Plans (covers 2 meetings with staff after which additional meeting fees apply and 1 re-submittal) $2,7182,884.00 + $58.00/lot Final Plats – Short Plats (covers 1 meeting with staff after which additional meeting fees apply and 1 re-submittal) $1,3441,426.00 + $28.00/lot Flexible Development Alternatives Application Review (covers 1 meeting with staff after which additional meeting fees apply and 1 re-submittal) $2,2892,429.00 Hearing Examiner – Conduct of Hearing and Preparation of Decision 6 Total hourly charge for hearing examiner plus associated expenses to be paid by applicant prior to issuance of final decision associated permits Floodplain Development Permit: Level One $371393.00 Floodplain Development Permit: Level Two – Habitat impact Assessment $1,0601,125.00 Floodplain Development Permit: Level Three – Habitat Impact Assessment & Hydraulic Analysis (Hydraulic Analysis to be Conducted by Outside Third Party Consultant) $1,8551,968.00 + Third Party Review Fees Mitigation Plan Review Associated with a Floodplain Development Permit $1,0091,070.00 City Acknowledgement Review of FEMA Flood Map Revision Application; for projects requiring public notification process $324345.00 6 The total expense for the Hearing Examiner is the responsibility of the applicant and is in addition to the relevant application fee for applications requiring a public hearing before the Hearing Examiner (e.g. conditional use permit). The expense for Hearing Examiner services will be determined after the Hearing Examiner has provided an invoice to the City that itemizes expenses incurred and this will be entered in the electronic permit tracking system as a payment due the city from the Applicant prior to final project approval. Page 36 of 158 Page 4 additional fee will be assessed based on additional resubmittal fee and actual hours expended Floodplain Development Permit Exemption Letter $212224.00 Floodplain Elevation Certificate $106112.00 Landscape Plan Revision, including tree removal requests, after initial implementation and after city acceptance of initial maintenance period. $119127.00 Mining Permits (covers 3 meetings with staff after which additional meeting fees apply) $4,3234,587.00 Miscellaneous Administrative Decisions (i.e. sign area deviation, written code interpretations, etc.) $2,2142,348.00 Plat Alteration or Vacation6 (application covers 1 meeting with staff after which additional fees apply) $4,7024,988.00/request + Hearing Examiner expenses. Plat Modification (application covers 1 meeting with staff after which additional fees apply) $1,7891,898.00/request Preliminary Plats – Subdivisions1, 6 (application covers 3 meetings with staff after which additional fees apply) $9,43710,012.00 + $132.00/lot + Hearing Examiner expenses. Preliminary Plats – Short Plats1 (application covers 1 meeting with staff after which additional fees apply) $4,0754,323.00 + $68.00/lot Preliminary Site Plan Review (non-PUD) (application covers 1 meeting with staff after which additional fees apply) $2,2892,429.00 Pre-application Meeting (application covers 1 meeting with staff after which additional fees apply) $308327.00 – fee will be applied towards any related application made within one year of the date the pre-application meeting was held PUD – Major Adjustment7 (application covers 2 meetings with staff after which additional fees apply) $4,6624,946.00 Public Notice Boards: 2’ x 4’ public notice board $95101.00 4’ x 4’ public notice board $161171.00 Rezone – zoning map amendment (application covers 2 meetings with staff after which additional fees apply) $3,8224,055.00 School Impact Fee Collection:8 Per Single Family Dwelling Unit $6468.00 Per Multi-Family Dwelling Unit $3234.00 SEPA – see Environmental Review Shoreline (application covers 1 meeting with staff after which additional fees apply): 7 A prior City Code amendment eliminated Planned Unit Developments (PUD). The PUD fees included herein are applicable only to the existing previously approved PUDs. 8 The City collects an application fee to cover the reasonable cost of administration of the school impact fee program. Page 37 of 158 Page 5 Shoreline Exemption Determination $257273.00 Shoreline Conditional Use Permit6 $3,3843,591.00 + Hearing Examiner expenses. Shoreline Substantial Development Permit6 $3,3843,591.00 + Hearing Examiner expenses. Shoreline Variance6 $3,3843,591.00 + Hearing Examiner expenses. Short Plat Modification (application covers 1 meeting with staff after which additional fees apply) $9471,004.00/requested modification Site Plan Approval – PUD, Residential7 (application covers 1 meeting with staff after which additional fees apply) $2,2892,429.00 + $68.00/lot or unit Site Plan Approval - PUD, Non-residential7 (application covers 1 meeting with staff after which additional fees apply) $2,3822,527.00 + $68.00/lot or unit Special Exception:1, 6 Single Family Residential; for a single lot request (to Hearing Examiner) $308327.00 + Hearing Examiner expenses All Other Instances $1,1591,230.00 + Hearing Examiner expenses Special Home Occupation Permits $308327.00 Third Party Review of Reports $193205.00 + Actual Costs of Consultant Three-Party Outside Utility Extension Agreement - Site Specific Review (application covers 1 meeting with staff after which additional fees apply) $1,2351,310.00 + plus the City’s actual costs in performing under the terms of the agreement as negotiated between the parties Type I Temporary Use Permit1 $216230.00 $5660.00 per extension request Type II Temporary Use Permit1 $548581.00 $5660.00 per extension request Variance:1 Administrative $2,4222,570.00 Single Family Residential for a single lot request (to Hearing Examiner) $308326.00+ Hearing Examiner expenses All other instances (includes mixed use residential) (to Hearing Examiner) $3,6333,854.00 + Hearing Examiner expenses Page 38 of 158 Page 6 Water/Sewer Certificate1 (outside of city limits for other than one single-family residence) $371393.00 Zoning Certification Letter (per parcel): Residential (Single Family & Multi-Family $6468.00 Non-Residential (includes mixed use development) $125133.00 Zoning Code Text Amendment (application covers 1 meeting with staff after which additional fees apply) $7,2127,651.00 2. BOOKS, MAPS, MATERIALS:9(pursuant to Resolution No. 3953) Comprehensive Plan Cost of Production Downtown Plan Cost of Production Downtown Plan Appendices Cost of Production Copies of Codes and Ordinances Cost of Production Maps Cost of Production 3. LAND CLEARING, GRADING AND FILLING FEES (Per Ordinance No. 6146, Resolution No. 4272 Resolution No. 4424, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Land Clearing: Application Fee (for up to 1 acre) $371393.00 >1 to 5 acres Application Fee + $125.00/acre Over 5 acres Application Fee + $92.00/acre Grading and Filling Fees: Application Fee without FAC (for up to 500 cubic yards) Minor Grading Permit $1,5901,687.00 Single Family Residential for a single lot $2,4382,586.00 Non-Residential and Multi-Family $7,9508,435.00 Other (Early Clear and Grade Prior to , Utility, etc.) $6,3606,748.00 Application Fee with FAC (for up to 500 cubic yards) $1,0601,125.00 Over 500 cubic yards Application Fee + $0.10/cubic yard Additional Review: Each additional grading plan review without FAC beyond a 3rd review prior to plan approval will require an additional fee of $848899.00 be paid at the time of the additional review submittal. If the review requires more than 8 hours of staff time to complete an additional fee of $106112.00 per hour will be charged and must be paid prior to plan approval. Additional grading plan review without FAC required by changes, additions or revisions to plans during construction will require an additional fee of $424447.00 be paid at the 9 Prices for printed materials do not include any taxes. Page 39 of 158 Page 7 time the additional review is submitted and prior to any review being completed. If the review requires more than 4 hours of staff time to complete, an additional fee of $106112.00 per hour will be charged and must be paid prior to plan approval. 4. BUILDING FEES (per Ordinance 5715, Ordinance 5819, Resolution No. 3773, Resolution No. 3797, Resolution No. 3818, Resolution No. 3953, Resolution No. 4143, Ordinance No. 6146, Resolution No. 4272, Resolution No. 4424, Resolution No. 5134, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) a. Building Permit Fees: Building permit fees for new structures and additions are based upon a project’s construction valuation as set forth by the International Code Council (ICC). ICC’s construction valuation table is hereby incorporated into the City of Auburn’s fees schedule. Construction valuations will be updated on January 1st of each year. Project valuation for alterations to existing buildings and for other structures not identified in the ICC construction valuation table are based on the fair market value of the labor and materials of the scope of work associated with the permit. The fee for each International Building Code, International Residential Code, Washington State Energy Code or Washington State Indoor Air Quality Code building permit shall be as set forth in Table 1-A, below.10 Table 1-A BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to $500.00 $32.00 $500.01 to $2,000.00 $32.00 for the first $500.00 plus $6.00 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,000.01 to $25,000.00 $122.00 for the first $2,000.00 plus $18.60 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,000.01 to $50,000.00 $549.80 for the first $25,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,000.01 to $100,000.00 $899.80 for the first $50,000.00 plus $10.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,000.01 to $500,000.00 $1,399.80 for the first $100,000.00 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,000.01 to $1,000,000.00 $4,999.80 for the first $500,000.00 plus $8.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,000.01 and up $8,999.80 for the first $1,000,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours ....................................................................................................................... $159169.00 per hour1 (minimum charge – two hours) 2. Reinspection fees assessed under provisions of Section 109.4.13 ...................................................................................... $106112.00 per hour1 3. Inspections for which no fee is specifically indicated ......................................................................................................... $106112.00 per hour1 (minimum charge – one hour) 4. Additional plan review required by changes, additions or revisions to plans .................................................................... $106112.00 per hour1 (minimum charge – one hour) 5. For use of outside consultants for plan checking and inspections, or both ...................................................................................... Actual costs2 FOOTNOTES: 1 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2 Actual costs include administrative and overhead costs. 10 Please note that the City of Auburn may collect a review fee for the Valley Regional Fire Authority for certain permit applications that is collected in addition to the City’s required fees. Page 40 of 158 Page 8 b. Mechanical Permit Fees: The fee for each permit issued under provisions of the International Mechanical Code, International Fuel Gas Code, NFPA 54 (National Fuel Gas Code), NFPA 58 (Liquefied Petroleum Gas Code), or the mechanical device provisions of the International Residential Code shall be as set forth in Table 2-A, below. For new single-family dwellings a flat rate permit fee of $214226.00 may be charged in lieu of fees as prescribed in Table 2-A. For new multi-family dwellings, a flat rate permit fee of $145153.00 may be charged in lieu of fees prescribed in Table 2-A. Table 2-A MECHANICAL PERMIT FEES Permit Issuance and Heaters: 1. For the issuance of each mechanical permit a. Residential Over the Counter PermitApplication Fee ............................................................................................................. $3537.00 b. Residential with Plan Review…………………………………………………..…………………………………………….$46.00 cb. Commercial, Multifamily, Non-Residential Application Fee ........................................................................................... $139147.00 2. In addition to the base mechanical permit application fee, each mechanical fixture shall include a permit feecharge of.......................... $13.00 Other Inspections and Fees*: 1. Inspections outside of normal business hours, per hour (minimum charge -- two hours) .................................................................. $159169.00 2. Reinspection fees assessed under provisions of Section 109.4.13 ........................................................................................................ $106112.00 3. Inspections for which no fee is specifically indicated, per hour (minimum charge -- one hour) ...................................................... $106112.00 4. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge -- one hour) .................................................................................................. $106112.00 * Per hour for each hour worked or the total cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved and include a minimum of one hour unless otherwise specified. c. Plumbing Code Permit Fees: For new single-family dwellings a flat rate permit fee of $214226.00 may be charged in lieu of fees as prescribed in Table 3-A. For new multi- family dwellings, a flat rate permit fee of $145153.00 may be charged in lieu of fees prescribed in Table 3-A. Table 3-A PLUMBING PERMIT FEES Permit Issuance: 1. For the issuance of each plumbing permit a. Residential Over the Counter PermitApplication Fee .............................................................................................................. $3537.00 b. Residential with Plan Review……………………………………………..………………………………………………….$46.00 cb. Commercial, Multifamily, Non-Residential Application Fee ........................................................................................... $139147.00 2. In addition to the base plumbing permit application fee, each mechanical fixture shall include a permit feecharge of......................... $13.00 Other Inspections and Fees*: 1. Inspections outside of normal business hours .................................................................................................................................... $159169.00 2. Reinspection fee ................................................................................................................................................................................... $106112.00 3. Inspections for which no fee is specifically indicated ...................................................................................................................... $106112.00 4. Additional plan review required by changes, additions or revisions to approved plans ................................................................... $106112.00 *Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employees involved and include a minimum of one hour unless otherwise specified d. Other Building Permit Fees Change of Use: The permit fee shall be equivalent to the adopted additional plan review and reinspection fee based on a minimum of four hours. Commercial Re-roof Permit Fee: The permit fee shall be equivalent to the adopted additional plan review and reinspection fee based on a minimum of three hours. Conditional Approval: When authorized by the City, permits that are issued with conditions due to project phasing, out of sequence issuance, pending associated approvals, or other advanced permitting requests made by the applicant, a conditional approval fee equivalent to the additional plan review fee based on a minimum of four hours will be required prior to issuance. Demolition Permit Fees: Demolition permits shall be charged a base fee of $146156.00. Page 41 of 158 Page 9 Fire Permit Fee: For each fire permit fee a City of Auburn administration fee of $106112.00 will be applied in addition to the fee collected for the Valley Regional Fire Authority (VRFA) as identified in the VRFA Fee Schedule. Manufactured Home: The permit fee shall be equivalent to the adopted additional plan review and reinspection fee based on a minimum of four hours. Permit Extensions: For permits that are granted an extension beyond the expiration date or date of abandonment, whether issued or not, a permit extension fee is required to be paid prior to extension. The fee shall be the lesser of $112 or 50% of the original application and permit fees. Plan Review Fees: When submitted documents are required by Section 106.3 of the Construction Administrative Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A. The plan review fees specified in this section are separate fees from the permit fees and in addition to permit fees. Rack Permit Fee: The permit fee shall be equivalent to the adopted additional plan review and reinspection fee based on a minimum of three hours. Solar Permits – Over the Counter: The permit fee for solar installations that qualify for the over-the-counter permitting shall be equivalent to the inspection fee based on a minimum of two hours. Stock Plan Site Plan Review Fee: The plan review fee for individual lot site plan that have an approved building stock plan shall be $212224.00. Temporary Certificate of Occupancy Fees: There shall be a fee equal to $1,250.00 for issuance of a temporary certificate of occupancy and a fee of $300.00 for each subsequent 30-day extension requested. Building Permit Fee Reductions. The Director is authorized to waive building, mechanical or plumbing permit fees for homeowners that are already enrolled in another City program that is intended to benefit low income residents (e.g. housing home repair program, utility discount program). This fee reduction may also be extended to contractors that are applying for permits on behalf of these homeowners provided that it can be documented that the discount is benefiting the homeowner and not supplementing a contractor’s profit. 5. FIRE IMPACT FEES. Impact Fees By Land Use – Revenue Credit = 20% (Per Ordinance No. 5977, Resolution 3953, and Resolution No. 4022) Land Use Total Fire & EMS Cost per Unit of Development Adjustment (Revenue Credit) at 20% Fire and EMS Impact Fee per Unit of Development Residential – All calculations below are per dwelling unit – Total x Number of Units Single Family, Duplex, Mobile Home $362.66 $72.53 $290.13 Multi-Family $383.09 $76.62 $306.47 Non-Residential – All calculations below are per square foot - Total x Square Feet Hotel/Motel $0.53 $0.11 $0.42 Hospital/Clinic $1.05 $0.21 $0.84 Group Living $2.63 $0.53 $2.10 Office $0.29 $0.06 $0.23 Page 42 of 158 Page 10 Retail $0.62 $0.12 $0.50 Restaurant/Bar/Lounge $1.62 $0.32 $1.30 Industrial/Manufacturing $0.11 $0.02 $0.09 Leisure/Outdoors $1.08 $0.22 $0.86 Agriculture $0.71 $0.14 $0.57 Church $0.38 $0.08 $0.30 Schools/Colleges $1.07 $0.21 $0.86 Government/Public Buildings $1.81 $0.36 $0.86 Casino $3.78 $0.77 $3.01 Jails $21.99 $4.40 $17.59 6. ADMINISTRATIVE PROCEDURES AND MISCELLANEOUS INSPECTIONS: In addition to any other fees specified in this chapter, there shall be a fee schedule for certain administrative procedures not otherwise included as set forth in the following schedule of fees: a. Adult Family Home Inspection $350370.00 b. Relocation (pre-inspection) Per Table 1-A c. Housing Inspection Actual City Cost, minimum $21.00 d. Sign Permits Unless exempt by Ch. 18.56 ACC, the fee shall accompany each application for a sign permit. The amount of the fee shall be based upon the value of the sign pursuant to Table 1-A. 7. BUSINESS LICENSE FEES a. The annual fee for a General Business License as defined in Chapter 5.10 of the Auburn City Code. $100103.00 b. Contractors who are based outside of Auburn but that are performing work inside of Auburn. $5052.00 c. Replacement fee for commercial vehicle parking permit issued in accordance with ACC 10.36.190.B $10.00 8. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601, Ordinance No. 5882, Resolution No. 4272, Resolution No. 4424, and Ordinance 6477 , and Resolution No. 5620): a. The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the total number of units as follows: Non-profit rental $0/year Single Family Home or Single Condo Rental $30/year for each home Duplex, Triplex or Fourplex $75/year for each building One to four dwelling units $53.00/year Condo or Apartment Complex (Five5 to 24 dwelling units) $106150.00/year Condo or Apartment Complex (Twenty-five25 or more dwelling units) $212500.00/year Communal residence $150.00/year b. The fee for a license to operate rental housing businesses in the city shall be for the license year from January 1 to December 31, and each applicant must pay the full fee for the current Page 43 of 158 Page 11 license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses. c. The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5.10 of the Auburn City Code (ACC); provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 of the Auburn City Code (ACC). d. Notwithstanding the provisions of sub-section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entity shall not exceed $424.00 per license period. Rental housing business license renewals shall be for the period January 1 through December 31 of each year. 9. INDIVIDUAL LICENSE REGULATIONS (Per Ordinance No. 6749, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620): The fee licensing under ACC 5.20.030 shall be as follows: Type Fee Term Initial Renewal Dance Hall and Operator $350.00 $350.00 1/1 – 12/31 Marijuana Related Businesses $500.00 $500.00 1/1 – 12/31 A duplicate license shall be issued by the business license clerk, as designated by the mayor, to replace any license previously issued which has been lost, stolen, defaced, or destroyed. 10. Technology Fee: A 3% technology fee will behas been added to all fees outlined in sections 1, 3, 4, 6, and 7 above. Page 44 of 158 Page 12 B. ENGINEERING AND PUBLIC WORKS FEES 1. Transportation Impact Fee Rate Schedule: (Per Ordinance No. 5763 as amended by Resolution No. 3953, Ordinance No. 6005, Resolution No. 4103, Resolution No. 4424, Resolution 4964, Resolution No. 5114, Resolution No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Land Use ITE Land Use Code Independent Variable Trip Rate Non-Downtown Fee Rate Downtown Fee Rate Industrial General Light Industrial 110 sf/gfa 0.63 $7.016.55 - Industrial Park 130 sf/gfa 0.40 $4.454.16 - Manufacturing 140 sf/gfa 0.67 $3.363.14 - Warehousing 150 sf/gfa 0.19 $3.283.06 - Mini- Warehouse/Storage 151 sf/gfa 0.17 $1.741.63 - Residential Single-Family (detached) 210 du 0.99 $6.048.745,652.57 $4,899.484,578.5 8 Accessory Dwelling Unit N/A du 0.51 $3,145.342,939.34 $2,547.732,380.8 6 Multi-Family – Low Rise 220 du 0.56 $3,617.023,380.12 $2,929.792,737.9 0 Multi-Family Mid-Rise 231 du 0.44 $2,841.952,655.81 $2,301.982,151.2 1 Mobile Home Park 240 du 0.46 $2,248.422,101.16 - Senior Housing – Detached 251 du 0.30 $1,466.361,370.32 $1,187.751,109.9 6 Senior Housing - Attached 252 du 0.26 $1,270.851,187.61 $1,029.39961.96 Congregate Care Facility 253 du 0.17 $879.82822.19 $712.65665.98 Assisted Living 254 bed 0.26 $1,270.851,187.61 $1,029.39961.96 Continuing Care Retirement Community 255 du 0.16 $782.06730.84 $633.47591.98 Lodging Hotel 310 room 0.60 $4,189.603,915.20 $3,393.583,171.3 1 Motel 320 room 0.38 $2,653.412,479.63 - Recreational Health/Fitness Club 493 sf/gfa 3.45 $14.0013.09 $9.6810.36 Institutional Elementary School 520 student 0.17 $403.60377.17 $298.66279.10 Middle School/Jr. High 522 student 0.17 $641.01599.03 $474.35443.28 High School 530 student 0.14 $723.41676.03 $535.32500.26 Page 45 of 158 Page 13 Land Use ITE Land Use Code Independent Variable Trip Rate Non-Downtown Fee Rate Downtown Fee Rate Junior/Community College 540 student 0.11 $568.39531.16 $420.61393.06 Church 560 sf/gfa 0.49 $3.172.96 $2.342.19 Day Care Center 565 sf/gfa 11.12 $38.8236.28 $28.7326.8 5 Library 590 sf/gfa 8.16 $18.1616.97 $13.4412.56 Medical Hospital 610 sf/gfa 0.97 $6.776.33 $5.495.13 Nursing Home 620 sf/gfa 0.24 $2.882.70 $2.342.18 Animal Hospital/Vet Clinic 640 sf/gfa 3.53 $17.2616.13 $13.9813.06 Office General Office (>5,000sf) 710, sf/gfa 1.15 $9.228.61 $6.275.86 Small Office (<5,000sf) 712 sf/gfa 2.45 $19.6318.35 $13.3512.48 Medical Office 720 sf/gfa 3.46 $21.7520.32 $14.7913.82 Post Office 732 sf/gfa 11.21 $24.9523.32 $16.9715.86 Retail Free Standing Discount Superstore 813 sf/gla 4.33 $11.2710.53 $8.347.79 Free Standing Discount Store 815 sf/gla 4.83 $14.7013.73 $10.8810.16 Hardware/Paint Store 816 sf/gla 2.68 $5.895.50 $4.364.07 Shopping Center 820 sf/gla 3.81 $9.228.62 $6.826.38 Car Sales – New 840 sf/gla 5.13 $15.6114.59 $11.5510.80 Car Sales – Used 841 sf/gla 3.75 $24.0922.51 $17.8316.66 Automobile Parts Sales 843 sf/gla 4.91 $8.317.76 $6.155.74 Tire Store 848 sf/gla 3.98 $11.0110.29 $8.147.61 Supermarket 850 sf/gla 10.94 $21.6820.26 $16.0414.99 Convenience Market 851 sf/gla 49.11 $54.6151.03 $40.4137.77 Home Improvement Store 862 sf/gla 2.33 $4.964.63 $3.673.43 Drugstore w/o Drive- Through 880 sf/gla 8.51 $11.8711.09 $8.788.21 Drugstore w/ Drive- Through 881 sf/gla 10.29 $15.5714.55 $11.5210.77 Marijuana Dispensary 882 sf/gla 21.83 $140.24131.05 $103.7896.98 Furniture Store 890 sf/gla 0.52 $0.730.68 $0.540.50 Services Walk-In Bank 911 sf/gfa 12.13 $20.6519.29 $15.2814.28 Drive-in Bank 912 sf/gfa 20.45 $34.8132.53 $25.7624.07 Fast Casual Restaurant 930 sf/gfa 14.13 $40.0737.45 $29.6527.71 Quality Restaurant 931 sf/gfa 7.80 $25.9324.23 $19.1917.93 Page 46 of 158 Page 14 Land Use ITE Land Use Code Independent Variable Trip Rate Non-Downtown Fee Rate Downtown Fee Rate High Turnover Restaurant 932 sf/gfa 9.77 $22.3620.90 $16.5515.46 Fast Food Restaurant w/o Drive-Through 933 sf/gfa 28.34 $50.4647.16 $37.3434.90 Fast Food Restaurant w/ Drive-Through 934 sf/gfa 32.67 $57.0353.30 $42.2039.44 Espresso Stand w/ Drive-Through 938 sf/gfa 83.33 $49.4646.22 $36.6034.20 Automobile Parts and Service Center 943 sf/gfa 2.26 $6.085.68 $4.504.20 Service Station 944 vfp 14.03 $24,148.8222,567. 18 $17,870.1216,69 9.71 Service Station w/ Mini-Mart 945 vfp 13.99 $18,267.5617,071. 12 $13,518.0012,63 2.63 Lakeland PUD (Per Ordinance No. 4867 as amended by Resolution No. 2955, Ordinance No. 6176, Resolution No. 5181, and Resolution No. 5388, and Resolution No. 5549.) Detached Single- Family Residential Unit N/A du n/a $1,417.131,486.43 - Attached Single- Family/Multi-Family Unit N/A du n/a $919.82964.80 - Senior-Family Unit N/A du n/a $316.08331.54 - Commercial/Retail Units N/A sf/gfa n/a $3.683.86 - Administrative Fee for Review of Independent Fee Calculation $425440.00 Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 10th Edition. B. Impact fee rate calculation is based upon the following methodology: – Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure) – Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit of measure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicant. D. sf/GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area; VFP=Vehicle Fueling Position. E. Projects eligible for the Downtown Fee Rate are those located entirely within the Downtown Urban Center boundary as identified in the Comprehensive Plan. F. Traffic Impact fees assessed for Single Family Residential Units include home occupations, adult family homes, family home childcare s, and such occupations commonly found within single family residences. It does not include occupations that would require a Special Home Occupation Permit pursuant to ACC18.60. 2. Truck-Dependent Land Use Supplementary Transportation Impact Fee Rate Schedule: (Per Resolution No. 4122, Resolution No. 4424, Resolution No. 5181, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620 .) Page 47 of 158 Page 15 Land Use ITE Land Use Code Independent Variable Truck Trip Rate Impact Fee Rate (per sf) Industrial Light Industry/Manufacturing/ Warehousing 110, 130, 140, 150 sf/gfa 0.06 $0.120.11 Heavy Industry 120 sf/gfa 0.04 $0.08 Retail Shopping Center 820 sf/gla 0.01 $0.02 Car Sales 840, 841 sf/gfa 0.09 $0.130.14 Supermarket 850 sf/gfa 0.33 $0.620.67 Free-Standing Discount Store/Superstore 813, 815 sf/gfa 0.10 $0.200.19 Home Improvement Store 862 sf/gfa 0.37 $0.750.70 Services Restaurant 930, 931, 932 sf/gfa 0.63 $1.271.19 Fast Food Restaurant 933, 934 sf/gfa 2.87 $5.805.42 Notes: A. ITE Land Use Code based on ITE Trip Generation, 10th Edition B. Impact fee rate calculation is based upon the following methodology: - Truck Trip Rate = Daily Truck Trip Generation (per unit of measure) - Truck Trip Rate x Per Trip Fee = Impact Fee Rate (per unit of measure) C. For land uses not specifically identified in the table, trip generation rates could be derived from a special study by the applicant. D. sf /gfa=square feet of gross floor area 3. Facility Extension Fees: (Per Ordinance No. 5791 and amended by Ordinance No. 5819, Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No. 5114, Resolution No. 5319, Resolution 5380, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620) Application Fee: Base fee plus $1,685590.00 for each facility (water, sanitary sewer, storm drainage, street, private street/fire lanes and private storm systems within private streets). The base fee varies by project type as follows: - Residential $5630.00 - Commercial* $2,80650.00 - Multi-Family** $4,49 24 0.00 - Short Plat $5,6300.00 - Plat $98,00480.00 * Includes multi-use projects in the Downtown Urban Center and projects outside City limits that extend City utilities. ** Includes multi-use projects outside the Downtown Urban Center. Review and Inspection Fee: Summation of the following categories (a+b+c). a. For the combined linear footage of water, sewer, storm drainage and private storm drainage within private streets, streets, and private street/fire lanes, $6.255.90 per lineal feet. b. For non-linear extensions such as pump stations or traffic signals, the review and inspection extension fee will be determined by the City Engineer based on an estimate of the City’s costs Page 48 of 158 Page 16 associated with the review and inspection costs with staff time at $11006.00 per hour and outside support services charged at actual cost. c. For that portion of a City utilities extension located outside City Limits, additional fees may be assessed equal to the City’s costs associated with permits from other jurisdictions required to be paid for by the City. Facility Extension Fees will be paid as follows: a. Application fee (including base fee and per facility charge) due with application. b. 30% of the estimated Review and Inspection Fee and any outstanding application fees will be paid when the applicant applies for second review or, if no second review is needed, before the City signs the facility extension agreement c. Remaining balance of Review and Inspection Fees and any other outstanding applicat ion fees will be paid by the applicant before the City signs the facility extension agreement. Additional Review: Each additional plan review beyond a 3rd review prior to plan approval will require an additional fee of $900848 .00 be paid at the time of the additional review submittal. If the review requires more than 8 hours of staff time to complete, an additional fee of $11006.00 per hour will be charged and must be paid prior to plan approval. Additional plan review required by changes, additions or revisions to plans during construction will require an additional fee of $45024.00 be paid at the time the additional review is submitted and prior to any review being completed. If the review requires more than 4 hours of staff time to complete, an additional fee of $110 06 .00 per hour will be charged and must be paid prior to plan approval. For each deviation, deferral, or appeal submitted for review, the applicant will be charged a $45024.00 fee, regardless of the City’s approval or rejection of the request. If the review of the request requires more than 4 hours of staff time to complete, an additional fee of $11006.00 per hour will be charged and must be paid prior to plan approval. Additional Inspection: Fees to inspect work beyond the Authorized Construction Period, re-inspect previously inspected work that was found to be incomplete or deficient, and inspection of non-linear extension work are $11006.00 per hour during normal business hours and $168 59 .00 per hour during non- business hours (weeknights, weekends, and holidays). 4. Right-of- Way Use Permit Fees: (Per Ordinance No. 6125, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Type A – Banner (Application Fee Only, No permit fee) $60.0064.00 Type B – Short Term (Application Fee Only, No permit fee) $60.0064.00 Type C – Long Term (Application Fee) $250.00265.00 Type C – Long Term – Surface Encroachment (Permit Fee) $120.00127.00 per year Type C – Long Term – Non-Surface Encroachment (Permit Fee) $60.0064.00 per year Type D – Hauling (Application Fee) $117.00124.00 Page 49 of 158 Page 17 Type D – Hauling (Permit Fee) Estimated staff time for inspection and oversight @ $106.00112.00 per hour during normal business hours and $159.00169.00 per hour during non- business hours (weeknights, weekends, and holidays). Police support to be contracted separately as needed. Administrative Amendment (Application Fee, applies to requested changes to Right-of-Way Use Permits that have been issued that do not change the intent of the permitted use or include areas beyond the intent of the original use) $133.00 Additional Application Fee for permits that require a parking plan, traffic control plan, and/or pedestrian detour plan $106.00112.00 5. Franchise Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5413, Resolution No. 5424, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620. Application/Renewal/Amendment Application Fee (ACC 13.36.040, ACC 20.06.120, ACC 20.06.130) $5,800.006,150.00 Nonrefundable Initial Fee + plus the City’s actual costs incurred in excess of $5,800.006,150. Initial Fee is due at time of application any additional costs beyond the initial fee is due prior to the effective date of the agreement. Annual Administration Fee (ACC 20.04.170) Actual City Costs Annual CATV Franchise Fee (ACC 13.36.230) 5% of Gross Revenue for the prior three months. Other Annual Franchise Fee (ACC 20.06.100) Statutorily Permissible Percent of Gross Revenue Small Wireless Facility Siting and Construction Permit Application Fee (ACC 20.02.010, ACC 20.14.020) $500.00 for Existing, Relocated, or Replaced Structure for up to five sites or $1,000.00 for each New Structure (These fees include all City permitting costs except the Franchise Application/Renewal/Amendment and Administration Fee.) Late Payment. In the event any quarterly payment is made after noon on the date 10 days after the date due Simple interest at 12% annually on the total amount past due Assignment or transfer of Franchise $2,900.003,080.00 6. Right-of-Way Vacations: (Per Resolution No. 4143, Resolution No. 5114, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Application Fee $1,750.001,860.00 Land Value Compensation Per ACC 12.48.085 Amendment Request (applicable when changes are requested after initial City Council approval but prior to vacation taking effect) $930.00 7. Utility System Development Fees: (Per Ordinance No. 5819 and amended by Resolution No. 3797, Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No. 5114, Page 50 of 158 Page 18 Resolution No. 5134, Resolution No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) For all utilities, a charge in lieu of assessment or payback charges may be applicable for the proportional share of the utility line being connected to. a. Water Utility: Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Meter Size (In Inches) Water Service Installation Permit Fee System Development Charge (SDC) Existing Water Service & Meter Box(1) Water Service & Meter Box Installed by City(2) Paved Street Unpaved Street ¾ or less $511465.00 $4,8104,560.00 $3,2182,970.00 $8,1317,613.00 ¾ or less with Fireline(3) $511465.00 $6,5146,300.00 $4,9234,710.00 $8,1317,613.00 1 $567510.00 $4,8654,605.00 $3,2743,015.00 $8,1317,613.00 1 with Fireline(3) $567510.00 $6,5706,345.00 $4,9784,755.00 $8,1317,613.00 1-1/2 $1,3781,225.00 $8,3528,040.00 $6,7606,450.00 $27,07325,349.00 2 $1,3931,235.00 $8,3678,050.00 $6,7766,460.00 $43,33340,574.00 3 Actual Cost By Applicant By Applicant $86,74681,223.00 4 Actual Cost By Applicant By Applicant $135,525126,896.00 6 Actual Cost By Applicant By Applicant $270,973253,720.00 8 Actual Cost By Applicant By Applicant $433,574405,968.00 10 Actual Cost By Applicant By Applicant $623,325583,638.00 (1)Installation of a water meter done by the City and the service either already exists or has been installed by the Applicant. (2)Installation of the entire water service is done by the City. (3)Applies only to Single-Family Residential meter. b. Sanitary Sewer Utility: Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Type Permit Fee System Development Charge (SDC) New Connection(4) $233220.00 $3,0162,824.00 per RCE(5) Grinder Pump (New Connection)(4) $318300.00 $3,0162,824.00 per RCE(5) Tenant Improvement(4) $8075.00 $3,0162,824.00 per net increase in RCE’s(5) (4)All construction is the responsibility of the Applicant. If a new connection or repair requires work within City right-of-way, a Construction Permit (CON - see Section 9) is required in addition to the Sewer Permit. (5)RCE, Residential Customer Equivalent - An RCE shall be as defined by the King County Department of Natural Resources as follows:. Single Family Home 1,500-2,999 square feet (sq ft) – 1.0 RCE Duplex – 1.62 RCE Single Family Home less than 1,500 sf – 0.81 RCE Triplex – 2.43 RCE Single Family Home, 3,000 sf or larger – 1.16 RCE Fourplex – 3.24 RCE Accessory Dwelling Unit (Attached or Detached) – 0.59 RCE Five or more units – 0.63 RCE’s per unit Mobile home spaces – 1.0 RCE per space For microhousing and for commercial, industrial and other non-residential uses, the number of RCE’s is calculated based on the number and type of water fixtures installed as part of the development. Page 51 of 158 Page 19 NOTE: In addition to City sanitary sewer connection fees, King County will impose a sanitary sewer connection fee (King County Capacity Charge) for improvements in King County’s regional sewer system, in accordance with King County Code 28.84.050. King County will bill customers directly for this charge once the sewer work is complete. This charge is not to be paid to the City. c. Storm Drainage Utility: (Per Resolution No. 4566 and amended by Resolution No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549 , and Resolution No. 5620 .) Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Type Permit Fee(6) System Development Charge (SDC) Single Family Residence & Duplexes (on Individual Parcels) Level 1 $255240.00 $1,5071,411.00 per ESU(8) Level 2 $499470.00 Level 3 (7) Base Fee = $1,7721,670.00 for up to 10,000 SF of disturbed area Cumulative Additional Fee #1 = Base Fee + $499470.00 for 10,001 SF up to 43,560 SF (1 Acre) of disturbed area Cumulative Additional Fee #2 = Cumulative Additional Fee #1 + $127120.00 per whole or partial Acre disturbed over 1 Acre Other Parcels Level 1 $255240.00 $1,507.1,411,00 per ESU(8) Level 2 $499470.00 Level 3 (7) Base Fee = $1,7721,670.00 for up to 10,000 SF of disturbed area Cumulative Additional Fee #1 = Base Fee + $499470.00 for 10,001 SF up to 43,560 SF (1 Acre) of disturbed area Cumulative Additional Fee #2 = Cumulative Additional Fee #1 + $127120.00 per whole or partial Acre disturbed over 1 Acre (6)Permit levels are determined as follows: • Level 1 permits are for all projects that are not located in a Critical Area and add or replace less than 2,000 square feet of hard surface area; and/or disturb less than 7,000 square feet of land. Note: Single-family residential projects disturbing 500 square feet or less may not require a permit. • Level 2 permits are for all projects that add or replace 2,000 to 4,999 square feet of hard surface area; or disturb 7,000 square feet or more of land. • Level 3 permits are for all projects that add 5,000 square feet or more of hard surface area, or convert ¾ acres or more of native vegetation to lawn/landscaped area, or convert 2.5 acres or more of native vegetation to pasture, or the new plus replaced hard surface area is 5,000 square feet or more and the value of improvements exceeds 50% of the assessed value of existing improvements. (7)Level 3 permit is calculated as the Base Fee plus the Cumulative Additional Fees described herein. (8)ESU, Equivalent Service Unit - A configuration of development of hard surfaces (which include impervious surfaces, permeable pavements, and vegetated roofs) estimated to contribute an amount of runoff to the City’s storm drainage system which is approximately equal to that created by the average single family residential parcel. Although gravel surfaces are considered a hard surface under ACC 13.48.010, existing Page 52 of 158 Page 20 gravel surfaces are not included in the calculation of the SDCs. One ESU is considered equal to 2,600 square feet of parcel coverage by hard surfaces. Per ACC 13.48.010. When calculating the total SDC, a credit will be applied for the existing hard surface area except existing gravel surfaces. Page 53 of 158 Page 21 8. Other Utility Fees: (Per Ordinance No. 5819, Ordinance No. 5944, Resolution No. 3797, Resolution No. 3953, Resolution No. 4424, Resolution No. 5114, Resolution No. 5134, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5424, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Fireline Connection Permit $170160 .00 Hydrant Installation Permit and Inspection Fee $292275 .00 Hydrant Use Monthly Rate (applies to Type A and B permits): 3-inch water meter monthly rate, plus Actual usage at Commercial water rate Per Current Utility Rate Schedule Hydrant Permit (Type A and Type B) Administration Fee $250.00 Fire Hydrant Meter Wrench Fee (Type A Permit)(1) $5855 .00 Hydrant Meter with RPBA, Valve, and Wrench (Type B Permit) – Refundable Deposit(2) $2,390 .00 Dedicated Hydrant Use and Hydrant Meter Penalties and Charges Failure to record “Start” read properly(2a) Failure to record “Finish” read properly(2a) Failure to submit monthly water consumption report to the city(2b) Nonpayment of bill within 10 calendar days of reminder notice(2b) Non-return of hydrant meter with RPBA assembly after request for return(2b) Using a hydrant without hydrant operator training documentationTrained Hydrant Operator Card on hand(2a) Using a hydrant without obtaining Trained Hydrant Operator Cardoperator training documentation(2a) Using a hydrant without Hydrant Ppermit documentation on hand(2a) Using a hydrant without obtaining Hydrant Ppermit documentation(2a) Loaning out a hydrant meter with RPBA assembly to an unauthorized party(2a) Using a tool other than the city-supplied hydrant wrench to operate a hydrant(2a) Damage to hydrant or infrastructure (reimbursement to city for repair or replacement) Nonresponse to revocation of permit or trained hydrant operator certificate(2b) Disassembly or tampering of hydrant, hydrant meter assembly or hydrant meter with RPBA assembly(2a) $275.00 $275.00 $10.00 $10.00 $10.00 $55.00 $275.00 $55.00 $275.00 $275.00 $55.00 At Actual Cost $10.00 $275.00 Water Use Charge for Unreturned Hydrant Meter (if equipment not returned for final reading) $833785.00 Water Meter Test Fee, 2” or less $265250 .00 Water Meter Test Fee, greater than 2” At Actual Cost Water Meter Removal Fee (3/4” to 1”) – (service line remains) $371350 .00 Water Meter Removal Fee (1-1/2” to 2”) – (service line remains) $743700 .00 Water Meter Removal Fee (3” and larger) – (service line remains) At Actual Cost Water Service Abandonment Permit (City abandons at main, removes meter and box) $3,5703,365 .00 Water Meter Relocation Permit by City Same as Water Service Installation Permit Fee, see 78.a. Water Service Alteration/Repair Permit on Private Property (by Applicant) $10195.00 Page 54 of 158 Page 22 Backflow Permit for Premises Isolation (internal or external) $10195.00 Utility Fees with Demolition Permit Water Meter Lockoff/Unlock Demo Fee (all sizes), per meter $8075.00 Fire Line Shutoff/Turn-on Demo Fee $8075.00 Fire line Abandonment Permit (at main or other City-approved location, by Applicant, also may require Construction permit if in ROW) $10195.00 Fire line Abandonment Permit (at main or other City-approved location, by City), based on size of connection at main Same as Water Service Installation Permit Fee, see 7.a. Backflow Assembly Abandonment Demo Fee, per assembly $8075.00 Side Sewer Cap Demo Fee (to cap side sewer before building demolition), per sewer connection $10195.00 Storm Inspection Demo Fee (to cap storm pipes before building demolition), per parcel $265250.00 Hydraulic Modeling (payment of estimated fees required in advance) At Actual Cost King County Right-of-Way Permit At Actual Cost, $1,000.00 Deposit Hourly Rate for Negotiation, Development, Administration, and Execution of Special Agreements for Utility Service (Franchise Agreements, Service Area Agreements) $111105.00 Re-Locate Fee (if <45 days from initial locates) $244230.00 Side Sewer Repair Permit on Private Property $10195.00 Side Sewer Repair Permit in Right-of-Way(3) $191180.00 Side Sewer Cap Permit (not associated with demolition) 10195.00 Side Sewer Relocation/Replacement Permit $159150.00 Oil/Water Separator Permit $244230.00 Grease Interceptor Permit(3) $244230.00 Storm Drainage Repair Permit – Existing Private System on Private Property $10195.00 Storm Drainage Repair Permit – Existing System in Public Right-of- Way/Easement(3) $191180.00 Storm Retrofit Permit – Non-Single Family on Private Property $281265.00 Utilities Payback Administration Fees: Application Fee(4): Base Fee (BF) Per Benefited Parcel (BP) Application Fee Calculation = BF + (BP x Number of Benefited Parcels) Payment Processing Fee (per parcel)(5) Outside Professional Services, including Area of Special Benefit Analysis $2,4352,295.00 $6460 .0 0 $117110.00 Time & Materials Convenience shut off $50.00 Delinquent shut off $50.00 Late charge 1% per month of outstanding bill or $15.00 minimum, whichever is greater Meter Damage/Tamper Repair Permit $515.00 plus Meter Cost, if applicable Unauthorized turn on/off $100.00 Page 55 of 158 Page 23 Delinquent meter pull $200.00 Unauthorized fire line or water hook up $100.00 a day fine from date of discovery Refusal of access per day $30.00 Closing/Final billing $15.00 New account setup $25.00 Bill tenant $25.00 After-hours water turn on/off $50.00 Escrow estimates $25.00 (1) Non-refundable fee. Wrench is only for withdrawing water at City-designated hydrant fill stations. Applicant will be charged the Hydrant Use Monthly Rate and all monthly reported water use at Commercial water rates until applicant returns wrench and notifies City in writing that applicant is no longer using water from City-designated hydrants. (2) Each year, the hydrant meter with RPBA, Valve, and Wrench must be returned to City for annual maintenance and testing no later than the date specified by the City at the time of application. The deposit amount will be forfeited if the equipment is not returned to the City by the deadline. If needed, the City will re-issue a hydrant meter to the applicant under the same permit. In that instance, the applicant will be billed for any damages to the returned meter; the deposit will be applied to the re-issued hydrant meter. Upon final return of the equipment to the City, the cost of repairing any damages will be deducted from the deposit. (2a) Maximum penalty, per day, location, violator and incident. (2b) Per calendar day. (3) If repair or new construction requires work within City right-of-way, including a new connection to the City’s system, a Construction Permit (CON - see Section 9) is required in addition to the permit. (4) Payback Agreement Application Fee includes recording and mailing costs. (5) Fee to be deducted from the amount due to the developer when payback is collected for a parcel. Page 56 of 158 Page 24 9. Construction/Excavation Permits (for work within the public rights-of-way including construction of utilities, sidewalks and driveways that are not part of Facility Extensions (FAC)): (Per Ordinance No. 5817, Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Basic Fee (BF) Basic fee covers permit intake, admin, limited review and inspection time. $165175.00 Daily Review and Inspection Rate (DIR) Normal Business Days Non-Business Days (includes weeknights, weekends, and holidays)) $440466.00 $655695.00 Fee Calculation: Permit Fee = BF + (DIR x Estimated Days In Right of Way)* *For projects that are expected to involve significant review and inspection time, after hours work, or the review and inspection scope or duration requirements cannot be accurately estimated, the city engineer may establish a deposit account to manage permittee deposits in advance of permit issuance for reimbursing actual labor costs of administering the permit. Such deposit accounts will not be interest bearing and will be closed at the end of the permitted work when a final accounting of the permit administration cost shall be calculated and a final bill or credit issued to the permittee. The Director is authorized to waive construction permit fees for projects that are funded through the neighborhood grant. A few waiver does not eliminate the requirement to apply for and obtain a permit. 10. Memorial Sign Program: (Per Ordinance No. 6137, Ordinance No. 6149, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Memorial Sign $175.00185.00 11. Special Permits: (Per Ordinance No. 5817 and amended by Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No. 5319, Resolution No. 5388, and Resolution No. 5470.) Special Permit fees are assessed per Section 9. Construction/Excavation Permits 12. Street Payback Agreements: (Per Ordinance No. 6319, Resolution No. 4624, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549.) Street Payback Administration Fees: Application Fee(1): Base Fee (BF) Per Benefited Parcel (BP) Application Fee Calculation = BF + (BP x Number of Benefited Parcels) Payment Processing Fee (per parcel)(2) Outside Professional Services, including Area of Special Benefit Analysis $2,295.00 $60.00 $110.00 Time & Materials (1) Payback Agreement Application Fee includes recording and mailing costs. (2) Fee to be deducted from the amount due to the developer when payback is collected for a parcel. 13. Mitigation and Impact Fees for Exempt Wells: (Per Resolution No. 5352 and RCW 90.94.020.) Mitigation and Impact fees for properties that will be served by new exempt wells drilled on or after January 19, 2018.* $500.00 *$350.00 of the $500.00 fee shall be sent to the Washington State Department of Ecology for mitigation enhancements in the well’s drainage basin, with the remaining $150.00 to be retained by the City to cover its administrative costs. Page 57 of 158 Page 25 14. Sidewalk Repair Program Fee: (Per Resolution No. 5620) Fee for sidewalk repair: $21.00 per Square Foot for sidewalk repairs required by ACC 12.12.234 to be included in the City’s annual Sidewalk Repair and Accessibility Program. This fee does not include tree removal, but includes removal of roots located under the sidewalk to be repaired. 1415. Technology Fee: (Per Resolution No. 5549, and Resolution No. 5620.) A 3% technology fee is included in all fees listed above except fees listed in Sections 1, 2, 12, 13, and system development charges in section 7XXXXX. will be added to all fees outlined in sections 3 and 9 above. Page 58 of 158 Page 26 C. ANIMAL LICENSING FEES AND PENALTIES (Per Resolution No. 4868): 1. Animal License Fees Type Comments Cost Juvenile 8 weeks to 6 months of age $15.00 Altered Proof of spay/neuter required $30.00 Unaltered $60.00 Senior Proof that pet is altered and proof that owner is 62 years of age or older consistent with ACC 13.24 is required. $15.00 Disabled Proof that pet is altered and proof of disability required $15.00 Service Animal With a signed statement, on the City Form, indicating that the owner of the animal has a disability and that the animal is a service animal, no license fee shall be charged by the City. $0 Replacement Tag $5.00 2. Late Payment Penalty Days Past Expiration Type Additional Cost 45-90 Late Fee $15.00 91-135 Late Fee $20.00 136-364 Late Fee $30.00 365 or more Late Fee $30.00 + prior year’s license fee Page 59 of 158 Page 27 D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution 3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270, Resolution No. 4414, Resolution 4734, Resolution No. 4880, Resolution No. 5016, Resolution No. 5114, Resolution No. 5181, Resolution No. 5213, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5424, Resolution 5470, and Resolution No. 5549, and Resolution No. 5620.) 1. Lease Fees Lease Type: Open D-G Open C Closed J Closed H Closed Y & Z Closed Y1 & Z22 Outside Tiedowns Storage Rows H-D Storage Units (185 sq. ft. – Buildings Y&Z) Storage Units (298 sq. ft.) Storage Units (380 sq. ft. – Buildings Y&Z) $221.00232.00 $263.00276.00 $397.00417.00 $422.00443.00 $490.00515.00 $630.00662.00 $83.0087 .00 $142.00149.00 $125.00131.00 $152.00160.00 $192.00202.00 A security surcharge of $10.00 per month is charged, in addition to the base monthly rental fees provided in this section, for each tie-down, each hangar door and each storage rental area, which security surcharge fees are to be used for the provision of increased security at the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For the purposes hereof, each tie-down consists of the structures/facilities necessary to accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the security surcharge applies includes all hangars located at the Auburn Municipal Airport, including those hangars built on land owned by the City but leased to private parties, and those hangars owned in a condominium type ownership. The above lease and security surcharge amounts are subject to applicable leasehold taxes, which shall be paid by the tenant. The total charges, including the above lease rates plus lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be effective January 1, 20212022. Payments. Payments are due on the first of each month, past due as of the 5th and late as of the 16th. Payments not received by the 15th incur a $25.00 late fee. Payments not received after 30 days from the due date incur an additional $25.00 delinquency fee each month payment is delinquent. Any instance where a check is tendered for payment and non- sufficient funds exist to settle the transaction, a fee shall apply as set forth in the City of Auburn Fee Schedule. Automatic gate electronic cards. One automatic gate electronic card will be issued to each City rental tenant free of charge. Any additional electronic cards requested by a tenant are subject to a $25.00 fee. An additional $25.00 replacement fee will be assessed against Page 60 of 158 Page 28 the tenant for all lost or damaged electronic cards. All electronic cards must be returned to the airport at the time of lease expiration. Each lease shall include an initial payment of first and last months’ rent plus a damage deposit in the amount of two times the monthly base rate, with the exception of an Outside Tie-Down Lease which shall include an initial payment of first months’ rent only. Each lease agreement shall also include terms that authorize the City to apply the damage deposit to outstanding charges on termination. 2. Daily Transient Parking (overnight) Tie Down Open “T” Enclosed Hangar $5.00 $25 .00 $35 .00 3. Base Parking Fee – Designated Spaces A base vehicle parking fee of $64.0067.00 per month per designated space is charged. There are designated spaces available on a first come basis for pilots to park or store a vehicle for an extended period of time. All airport rules and regulations apply. A monthly storage agreement must be completed and appropriate fees paid. The storage of vehicles is for the convenience of the users of the Auburn Airport and is month-to -month. 4. Additional Airport Fees Gate Cards (each lease gets one card at no charge.) $25.00 Monthly Annual Aeronautical Business FeeLicense $250.0075.00 Initial Hangar Waitlist Fee Annual Hangar Waitlist Fee Resale Fuel Flowage Fee (Jet A Retailers) Conference Room Rental Fee Gate Remote $50.00 $25.00/year $0.05/gallon $25.00/hour $40.0050.00 5. Waiver of Fees for Governmental Entities or Governmental Affiliated Entities The Mayor is authorized to waive a portion or all of any (otherwise) required fees for hangar space rental - if space is available - for governmental entities or government affiliated entities that provide community service(s) and public benefit(s) to residents, citizens and businesses of Auburn. Page 61 of 158 Page 29 E. POLICE DEPARTMENT FEES (Per Ordinance No. 5715 amended by Ordinance No. 6216, 5819, Resolution No. 3797, Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance 6216, Ordinance 6276, Resolution No. 4552, Resolution No. 5016, Resolution No. 5114, Resolution No. 5255, Ordinance No. 6216, Ordinance No. 6252, Ordinance No. 6345, Ordinance No. 6607, Resolution No. 5470, and Resolution No. 5549.) Type Fees Police Report/Collision Report (fee not charged where requested by victim or party involved) $13.25 Visa Letter $10.00 Fingerprinting Fees (fee not charged where taking of fingerprints is required by city) as set by the FBI Laminated Concealed Pistol License $5.00 Annual Alarm Registration Fees: Residential Commercial Residential Low Income Senior Citizen/Disabled Citizen Late Registration Fee $24 .00 $24 .00 $12 .00 $25 .00 Auburn Security Alarm License Late License Fee Reinstatement Fee $10.00/each registered alarm user to a maximum of $100.00 annually $25 .00 $100.00 plus $10.00 /permitted user False Alarm Service Fees Burglar False Alarm Service Fee* Robbery, Panic and Burglary Crime in Progress False Alarm Fee* Supplemental Fee for Non-permitted Alarm System, each alarm Fee for false alarm caused by Monitoring Company or Alarm Installation Company employee First Dispatch Report during time of suspension Each dispatch thereafter Late Fee Appeals *The alarm administrator will waive the first false alarm fee following the installation of an alarm system at a particular address. $100.00 $200.00 $200.00 $100.00 $100.00 $25 .00 $25 .00 $25 .00 Page 62 of 158 Page 30 Traffic School Fee $125.0011 Animal Impound Fees Fee to recover from impound all animals not permitted to be sheltered by Auburn Valley Humane Society: Rabbits and Poultry Goats and Sheep Pot-Bellied pigs and Cattle Horses, mini-Equine, Donkeys, and Mules Stallions All fees related to transport, house, and care of impounded animal $25/per day held $30/per day held $35/per day held $40/per day held $50/per day held TBD 11 A 3% transaction fee will be applied if paid by credit card. Page 63 of 158 Page 31 F. CITY CLERK FEES (Per Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, Resolution No. 4244, Resolution No. 5016, Resolution No. 5114, Resolution No. 5312, and Resolution No. 5549, and Resolution No. 5620.) Type Fees Fees for public records – collection Non-certified photocopies of public records, printed copies of electronic public records when requested by the person requesting records. The maximum size for photocopies is 11x17. $0.15 per page plus postage Certified copies of public records. The maximum size for photocopies is 11x17. $5.00 per document, plus copying fees$0.15 per page, plus postage Non-certified copies of documents larger than 11x17. Actual cost charged by third party vendor.12 Scanned public records into an electronic format. $0.10 per page Electronic files or attachments uploaded to email, cloud- based storage service or other means of electronic delivery. $0.05 per each 4 electronic files Transmission of public records in an electronic format. $0.10 per gigabyte Digital Storage Media or Device; Container or Envelope Used to Mail Copies to Requestor, and Postage. Actual Cost Customized service charge for requests requiring the use of information technology expertise per RCW 42.56.120(3). Varies by request Police body camera video redactions (redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring) per RCW 42.56.240(14). $60.25 per hour Page 64 of 158 Page 32 G. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Resolution No. 4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272 Resolution No. 4424, Resolution No. 4552, Resolution No. 4675, Resolution 4778, Resolution No. 4880, Resolution 5114, Resolution No. 5134 , Resolution No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) Type Fees Graves Section 9A and 9B $2,995.00$3,195.00 All other adult graves $2,595.00$2,695.00 Child’s Place $400.00 Double Depth (includes 2 burial spaces / 2 liners) $5,395.00$5,595.00 Section 9A and 9B (Quads and Upright monument plots) $6,995.00$7.995.00 each Section 9B (Plaza Estates) $9,995.00 each Ground Cremation Plots Centennial Um Garden (single) $995.00$1,095.00 Centennial Um Garden (double) $1,895.00$1,995.00 Section 9 Upright Section Um Plots (up to 2 urns) $3,295.00 Niches Mausoleum (top rows available only) – single Sold Out Centennial Columbarium II (1 or 2 urns) – Row 2 $2,295.00$2,495.00 Centennial Columbarium II (1 or 2 urns) – Row 1 $1,995.00$2,295.00 Chapel of Memories – Interior Niches* Range From 12 x 12 Single $2,895.00 - $3,995.00 $3,095.00 - $4,195.00 12 x 18 Double $3,695.00 - $6,595.00 $3,895.00 - $6,795.00 12 x 24 Family (up to 3 urns) $6,995.00 - $8,995.00 $7,195.00 - $9,195.00 *The above niche prices include one bud vase per niche. Inurnment will be $695.00 per occasion. See guidelines for additional pertinent information. A single inscription on the glass front is $300 plus tax. Urn’s to be purchased separately. Chapel of Memories – Exterior Niches* Rows 4, 5, & 6 $2,695.00$2,895.00 Rows 2 & 3 $2,295.00$2,595.00 Rows 1, 7, & 8 $1,995.00$2,295.00 *If the niche (external) is to be used as a double niche, the inurnment, inscription and tax will be due when a second urn is placed. (Row 1 is the bottom row) OVERTIME WILL BE CHARGED AT $175.00 PER HOUR AFTER 4:30 P.M., MONDAY THROUGH FRIDAY. THE SATURDAY SERVICE CHARGE IS $850.00 FOR FULL INTERMENT AND $475.00 FOR CREMATION SERVICES. Extended Land Use $595.00 Page 65 of 158 Page 33 Memorial Plaque - $175 additional for inscription + tax $295.00 Services “Chapel of Memories” rental for services $350.00 Opening and Closing – Ground Burials Liner/Vault $1,495.00 Children’s Place $495.00 Opening and Closing – Cremation Cremation Plot $795.00 Niche $695.00 Opening and Closing – Entombment $1,495.00 Marker Services Flat Grass: Inscription $300.00350 + tax Setting Fee $295.00 + tax Resetting Fee $150.00 + tax New Inspection Fee for outside sales $450.00 Upright Setting Fee $475.00 + tax Inscription $425.00450.00 + tax Resetting Fee $325.00 Vase Setting Fee $55.00 + tax Recording Fee $100.00 Overtime Charge – per hour $175.00 Saturday Service Fee Full Interment $850.00 Cremation $475.00 Materials Flower Vases: (prices include vase setting fee) Standard $200.00 Deluxe Cast Zinc (gray or bronze zinc) $275.00 Deluxe Wall (brass) $275.00 Liners: Concrete Liner $795.00 + tax Mountain View Vault $1,695.00$1,895.00 + tax Vault Installation $995.00 + tax Double Depth $1,100.00 + tax Urn Encasement $350.00$400.00 + tax Forestwalk Informal Cremation Garden Phase I: Single 3’ Single Ground Plot $1,695.00$1,795.00 Phase I: Double 4’ Plots $2,495.00$2,595.00 Phase II: Double 4’ Double Ground Plot $2,495.00$2,595.00 - $3,995.00 Wishing WellForestWalk Ossuary Scattering $500.00$600.00 Granite Memorials Start At $595.00 + tax Page 66 of 158 Page 34 H. PARKS, ARTS AND RECREATION (Per Resolution No. 3797 and amended by Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, Resolution No. 4552, Resolution No. 4880, Resolution No. 5016, Resolution No. 5181, Resolution No. 5228, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, and Resolution No. 5620.) LES GOVE MULTI-PURPOSE BUILDING Resident Non-Resident Monday – Sunday $6560.00/ Per 3 hour block $8075.00/ Per 3 hour block LES GOVE GYMNASIUM Resident Non-Resident Auburn Non-Profit Other Non-Profit Gymnasium (athletics practice, birthday parties, etc.) $50 45.00/hour $6055.00/hour $4035.00/hour $5045.00/hour Gymnasium (tournaments, trade shows, fairs, etc.) $80 75.00/hour $9590.00/hour $6560.00/hour $8075.00/hour Damage Deposit $300.00 $300.00 $300.00 $300.00 Optional Cleaning Fee $275.00 $275.00 $275.00 $275.00 SENIOR ACTIVITY CENTER Resident Non-Resident Auburn Non-Profit Other Non-Profit Millennium Room (includes basic kitchen use) Available Friday evenings, Saturday and Sunday. $90 80.00/hour $110100.00/hour $6560.00/hour $8580.00/hour Full Facility Rental Package Friday night & Saturday: 4 hours Friday and up to 12 hours of use on Saturday $1,2001,350.00 $1,5001,650.00 $9001,000.00 $1,2001,300.00 Full Facility Rental Package Full Day Saturday or Full Day Sunday: up to 12 hours of use on either day $1,0001,100.00 $1,3001,400.00 $750850.00 $1,0001,100.00 1/3 Millennium Room $50 45.00/hour $6055.00/hour $4035.00/hour $5045.00/hour Page 67 of 158 Page 35 Lions Room Monday – Friday $40 35.00/hour $5045.00/hour $3025.00/hour $4035.00/hour Damage & Cleaning Deposit (for Full Facility and Millennium room rentals) without alcohol $300.00 $300.00 $300.00 $300.00 Damage & Cleaning Deposit (for Full Facility and Millennium room rentals) with alcohol ($1,000,000.00 excess liability insurance required) $500.00 $500.00 $500.00 $500.00 Optional cleaning fee (fee required with use of alcohol in facility) $275.00 $275.00 $275.00 $275.00 Kitchen with room rental. $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) Kitchen – Private and Commercial Use $25 20.00/hour $3025.00/hour $2520.00/hour $3025.00/hour AUBURN COMMUNITY & EVENT CENTER Resident Non-Resident Auburn Non-Profit Other Non-Profit Full Community Room $130120.00/hour $160150.00/hour $10090.00/hour $130120.00/hour 2/3 Rooms of Full Community Room $10090.00/hour $130120.00/hour $8070.00/hour $10090.00/hour 1/3 Room of Full Community Room $65 60.00/hour $8580.00/hour $5045.00/hour $7065.00/hour Full Community Room (up to 12 hours) $1,2001,350.00 $1,5001,650.00 $9001,000.00 $1,2001,300.00 Classroom $20.00/hour $25.00/hour $15.00/hour $20.00/hour Kitchen with room rental. $3020.00 (1-4 hours) $80 90 .00 (5-12 hours) $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) $2030.00 (1-4 hours) $80 90 .00 (5-12 hours) Kitchen – Private and Commercial Use $20 25.00/hour $2530/hour $2025.00/hour $2530.00/hour Damage & Cleaning Deposit for Full Facility without alcohol $300.00 $300.00 $300.00 $300.00 Damage & Cleaning Deposit for Full Facility with alcohol ($1,000,000.00 excess liability insurance required) $500.00 $500.00 $500.00 $500.00 Page 68 of 158 Page 36 Optional cleaning fee (fee required with use of alcohol in facility) $275.00 $275.00 $275.00 $275.00 THE REC Full Facility (Includes Rec Room & Lobby) $10090.00/hour $130120.00/ hour $7080.00/ hour $90100.00/ hour Rec Room $60.00/hour $75.00/hour $45.00/hour $60.00/hour Damage & Cleaning Deposit for Full Facility without alcohol $300.00 $300.00 $300.00 Page 69 of 158 Page 37 WILLIAM C. WARREN BUILDING Resident Non-Resident $4540.00/hour $5550.00/hour BACKYARD IDEA GARDEN $60.00/Half Day $75.00/Half Day $100.00/Full Day $125.00/Full Day GRASS FIELDS Resident Non-Resident Youth $87.00/hour $1110.00/hour Adult $1615.00/hour $2120.00/hour Field Lights $20.00/hour $20.00/hour Field Maintenance $30.00 per field $30.00 per field BASEBALL/SOFTBALL/ FASTPITCH TOURNAMENTS 1 Day 2 Day Youth $800700.00 $1,1001,000.00 Adult $9001,000.00 $1,4001,300.00 Field Lights $20.00/hour $20.00/hour SYNTHETIC TURF FIELDS Resident Non-Resident Youth Soccer $3130.00/hour $4140.00/hour Adult Soccer $4140.00/hour $5150.00/hour Field Lights $20.00/hour $20.00/hour Youth Baseball $4140.00/hour $5150.00/hour Adult Baseball $5150.00/hour $6665.00/hour GAME FARM WILDERNESS PARK CAMPGROUNDS Resident Non-Resident $35.00/night $35.00/night GAME FARM WILDERNESS PARK DAY CAMP Resident/ Non-Resident Non-Profit $75.00/day $50.00/day PICNIC SHELTERS Resident Non-Resident GAME FARM PARK Half Day* Full Day* Half Day* Full Day* Single quadrant (max: 25) Monday – Friday $30.00 $50.00 $40.00 $65.00 Saturday - Sunday N/A N/A N/A N/A Full day Mon-Sun (Full Shelter) 1-99 $120.00 $200.00 $150.00 $250.00 Mon-Sun (Full Shelter) 100-199 $180.00 $300.00 $225.00 $375.00 Mon-Sun (Full Shelter) 200+ (must also rent amphitheater) N/A $375.00 N/A $475.00 Amphitheater $75.00 $125.00 $100.00 $175.00 ISAAC EVANS PARK $60.00 $100.00 $75.00 $125.00 LEA HILL PARK $60.00 $100.00 $75.00 $125.00 ROEGNER PARK $60.00 $100.00 $75.00 $125.00 Page 70 of 158 Page 38 GAME FARM WILDERNESS PARK $60.00 $100.00 $75.00 $125.00 LES GOVE PARK $60.00 $100.00 $75.00 $125.00 SUNSET PARK Mon-Sun Single Quadrant (max: 25) $30.00 $50.00 $40.00 $65.00 Mon-Sun (Full Shelter) 1-99 $120.00 $200.00 $150.00 $250.00 Mon-Sun (Full Shelter) 100-199 $180.00 $300.00 $225.00 $375.00 Mon-Sun (Full Shelter) 200+ NA $375.00 NA $475.00 PLAZA PARK * Resident Group Non-Resident Group Hourly rate $60.00 $75.00 Full day rate $360.00 $450.00 * Additional hourly fees may be applied based on event/staffing needs AUBURN AVE THEATER Resident Non-Resident Weekdays Mon-Thur $170.00$200.00 $215.00$245.00 Weekend Days (Fri., Sat., and Sun.) $270.00300.00 $340.00$370.00 Rate Schedule considers one day to be an 8 hour block of time. Damage deposit. The terms and conditions for full or partial refund of deposit apply to approval of Check-Out List, including theater, equipment plot restoration. $300.00$500.00 $300.00$500.00 Hourly commercial rate for meetings 2 hour min. for “4-wal” only of lobby, auditorium, and stage $35.0045.00/hour $45.00$55.00/hour Equipment not included: Use of any theatrical equipment additional charge $35.00$100.00/hour $45.00$100.00/hour $1,000,000 excess liability insurance required Upon request Upon request Custodial Fee $145.00 $145.00 Sound & Light Technician $30.00/hour $30.00/hour Stage Hand $15.00$20.00/hour $15.00$20.00/hour Theater House Manager $25.00$30.00/hour $25.00/$30.00/hour Rental Rate Schedule for Commercial Filming Resident Non-Resident Permit Fee $50.00 Still Photography/Training and Industrial Films, etc $50.00 per 1/2 day $100.00 per day Broadcast, Film, TV, Commercial, etc. $75.00 per 1/2 day $150.00 per day Electricity/Water Access, Park Maintenance Staff, Vehicle Access Hourly staff cost Damage Deposit $100.00 Impact Fees: Park Impact Fees $3,500.00 per residential dwelling unit Page 71 of 158 Page 39 I. MULTIMEDIA DUPLICATION (Per Resolution No. 3953 and Resolution No. 4552.) Product Cost DVD Copy $10.00 per disk CD Copy $5.00 per disk Page 72 of 158 Page 40 J. INFORMATION SERVICES AND GIS13 (Per Resolution No. 4272, Ordinance 6276, Resolution No. 4552, and Resolution No. 4593 .) Much of the City’s geographic data is available for sale per the prices below plus Washington State sales tax. A signed public records request form is required. Most public records requests can be completed within seven to ten business days and will be delivered in ESRI Shapefile format without Metadata. Product Cost Maps Existing Map Custom Maps (any non-existing map) $5.00 + tax $50.00 per hour14 + tax Data Digital Data Requests $50.00 per hour15 + tax Miscellaneous CD-Rom All other requests for data or information not specifically listed $5.00 + tax $50.00 per hour + tax 13 Hourly charge to complete any of the below (one hour minimum charge). 14 Hourly charge includes the cost of processing and providing custom map requests. 15 Hourly charge includes the cost of processing and providing digital data requests. Page 73 of 158 Page 41 K. ECONOMIC DEVELOPMENTPROPERTY MANAGEMENT FEES (per Resolution No. 5388, Resolution No. 5424, Resolution No. 5470, Resolution No. 5549, and Resolution No. 5620.) COMMERCIAL PARKING LOT FEES LOT NON-PROFIT ORGANIZATION (must submit IRS status with application) OTHER ORGANIZATION *$250275 minimum flat fee + additional per space / daily fee Lot 1 – Kiss & Ride (21 stalls) $0 / per space / per day $2.502.75 / per space / per day Lot 2 – 11 A St NW (47 stalls) $0 / per space / per day $2.502.75 / per space / per day Lot 3 – Mel’s Lot (120 stalls) $0 / per space / per day $2.502.75 / per space / per day Lot 4 – B St (60 stalls) $0 / per space / per day $1.501.75 / per space / per day Lot 5 – Safeway (122 stalls) $0 / per space / per day $1.501.75 / per space / per day Lot 6 – D St (20 stalls) $0 / per space / per day $1.001.25 / per space / per day Facilities Lease Application Review Fees (excluding applications for City of Auburn owned or leased property that the City solicits for lease or sublease) $500.00 Sublease/Assignment of Lease $1,000.00$2,500.00 Small Cell Lease/Sublease Application Review Fee (excluding applications for City of Auburn owned property that the City solicits for lease) $500.00$1,500.00 or max permissible by law, whichever is less. Page 74 of 158 Page 42 L. RETURNED CHECK FEE Any instance where a check is tendered for payment and non-sufficient funds exist to settle the transaction, a $35.00 fee shall apply. Page 75 of 158 Page 43 M. WAIVER OF FEES (Per Resolution No. 5181). 1. The Mayor is authorized to waive any fees for permits, licenses, publications and actions as authorized by Sections 2.03.030, 5.10.030 and 12.60.020 of the City Code. 2. The Mayor is also authorized to reduce, and is vested with to discretion to reduce in compelling cases, by up to 50% any fees for permits, publications and actions where the applicant – the party responsible for payment of such fees – is an organization exempt from taxation under 26 US 501(c)(3), and where the permit(s), publication(s) and/or action(s) relate directly to the provision of charitable services to residents of the City of Auburn. Charitable services are defined as events or services provided to the residents of Auburn free of charge and where the City is a sponsor of the specific event or service. For the purposes hereof, “compelling cases” mean instances where there is an extraordinary need (greatly beyond current and ordinary need) for the charitable services that would be able to be provided. The intent of this authorization is to empower the Mayor with sole discretion to waive some fees in unique situations where there is a greatly increased need for new charitable services to be provided, and where the reduction of fees to the City will not detrimentally impact the City’s ability to provide municipal services. This waiver does not include Impact Fees, System Development Charges, any fees related to Franchise or Public Way Agreements, Right-of-way Vacations, Right-of-Way Use Permits, Facility Extensions, Police Department Fees, Animal Licensing Fees and Penalties, Banner Permit Fees, or Cemetery or Parks fees. Page 76 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5621 (Comeau) Date: October 12, 2021 Department: City Attorney Attachments: Res olution No. 5621 Res olution No. 5621 Exhibit A - 1101 D Street NE Purchase and Sale Agreement Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5621. Background for Motion: This Property has been used as a fire station since the City first acquired it. Selling the Property to the Valley Regional Fire Authority will not only see the Property continues to be used for its original intent, but proceeds from the sale will also provide revenue to the City. Background Summary: The City acquired title to 1101 D Street NE in Auburn (the “Property”) in 1984 and thereafter began making improvements to the property for use as a fire station by the Auburn Fire Department. On January 1, 2007 as a result of a voter-approved measure, the Auburn Fire Department combined with the Pacific Fire Department and the City of Algona to form the Valley Regional Fire Authority (VRFA), which provides fire and EMS services to all three Cities. The City retained ownership of the Property and leased it to VRFA for continued use as a fire station as outlined in the Valley Regional Fire Authority – Regional Fire Protection Service Authority Plan dated August 29, 2006. In 2020 VRFA approached the City of Auburn expressing interest in purchasing the Property, which serves as Station 31, VRFA’s headquarters. VRFA conducted an appraisal which serves the sales price of the Property. Conditions of the agreement require that prior to closing the City will dedicate 5.5ft of the property (not considered part of the surplus or property to be conveyed to VRFA) adjacent to D Street NE for Right of Way required for future road widening. VRFA as a condition of closing this transaction must sever the existing power service to the emergency signal located on the west side of D Street NE and rewire this signal, which emergency signal is and will remain under the ownership of the City, to an existing City power service in the area at VRFA’s sole cost. Post-closing requirements of the agreement will require; 1) VRFA to grant the City a water utility easement for continued operation, access, maintenance and repair of an existing City water utility, 2) VRFA and the City to execute a Stormwater Easement and Maintenance Agreement (SWEMA) for the Property’s private stormwater runoff facilities; and 3) VRFA and the City to execute an Amendment to the existing lease agreement removing Station 31 from Page 77 of 158 the lease agreements defined premises. Rev iewed by Council Committees: Councilmember:Staff:Comeau Meeting Date:October 18, 2021 Item Number:RES.C Page 78 of 158 ---------------------------- Resolution No. 5621 September 21, 2021 Page 1 of 3 RESOLUTION NO 5621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN REAL PROPERTY AS SURPLUS; AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE SALE OF SURPLUS REAL PROPERTY TO THE VALLEY REGIONAL FIRE AUTHORITY WHEREAS, the City owns that certain real property legally described in Section 1 below, being more commonly referred to as “1101 D Street NE” or “Station 31”, located in the City of Auburn, County of King, parcel number 745992- 0010; and WHEREAS, 1101 D Street NE has been used as a fire station since the City acquired the real property in 1984, first by the Auburn Fire Department and more recently by the Valley Regional Fire Authority; and WHEREAS, on January 1, 2007 as a result of a voter-approved measure, the Auburn Fire Department combined with the Pacific Fire Department and the City of Algona to form the Valley Regional Fire Authority ; and WHEREAS, since its inception, Valley Regional Fire Authority has leased 1101 D Street NE from the City for continued use as a fire station; and, WHEREAS, Valley Regional Fire Authority is interested in purchasing 1101 D Street NE from the City; and WHEREAS, the Auburn City Council held a public hearing in accordance with RCW 39.33.020, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Page 79 of 158 ---------------------------- Resolution No. 5621 September 21, 2021 Page 2 of 3 Section 1. That the following legally described property is declared surplus to the City’s needs: LEGAL DESCRIPTION LOT 1, RPM-AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 126 OF PLATS AT PAGES 84 AND 85, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT ANY PORTION CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY PURPOSES. more commonly referred to by street address 1101 D Street NE, Auburn, WA 98002. Section 2. The Mayor of the City of Auburn, or the mayor’s designee, is authorized to execute a contract for the sale of real property to Valley Regional Fire Authority in substantial conformity with the Agreement attached as Exhibit A. Section 3. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2021. CITY OF AUBURN ________________________________ NANCY BACKUS, MAYOR Page 80 of 158 ---------------------------- Resolution No. 5621 September 21, 2021 Page 3 of 3 ATTEST: _________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: _________________________ Kendra Comeau, City Attorney Page 81 of 158 Page 82 of 158 Page 83 of 158 Page 84 of 158 Page 85 of 158 Page 86 of 158 Page 87 of 158 Page 88 of 158 Page 89 of 158 Page 90 of 158 Page 91 of 158 Page 92 of 158 Page 93 of 158 Page 94 of 158 Page 95 of 158 Page 96 of 158 Page 97 of 158 Page 98 of 158 Page 99 of 158 Page 100 of 158 Page 101 of 158 Page 102 of 158 Page 103 of 158 Page 104 of 158 Page 105 of 158 Page 106 of 158 Page 107 of 158 Page 108 of 158 Page 109 of 158 Page 110 of 158 Page 111 of 158 Page 112 of 158 Page 113 of 158 Page 114 of 158 Page 115 of 158 Page 116 of 158 Page 117 of 158 Page 118 of 158 Page 119 of 158 Page 120 of 158 Page 121 of 158 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5624 (Caillier) Date: October 12, 2021 Department: Police Attachments: Res olution No. 5624 Exhibit A - Axon Quote and Contract Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to adopt Resolution No. 5624. Background for Motion: City Council moves to adopt Resolution 5624. The City Council passed Ordinance 6830 that authorized the Auburn Police Department to engage in competitive negotiations for Body Worn Cameras and related equipment. This resolution allows the Mayor to sign a contract with Axon Enterprise, Inc. for the purchase of Police Body Worn Cameras and related equipment, and allocated ARPA funds toward the contract purchase. Background Summary: The City Council passed Ordinance 6830 that authorized the Auburn Police Department (APD) to use officer worn body cameras and to engaged in competitive negotiations for those cameras and updated in car video and interview room camera systems and updated less lethal conducted energy weapons. Following passage of Ordinance 6830, APD issued a request for proposal seeking these equipment items from qualified vendors. Three potential vendors responded. Of those three, only the proposal submitted by Axon Enterprise, Inc. offered all of the equipment items sought. Axon’s proposal offers the items at a bundled reduced price, and with technical advantages in video quality, storage, redaction and conducted energy weapon integration that makes its proposal the most advantageous to the City. Axon’s contract calls for yearly installment payments. Resolution 5624 would further authorize the City to use its ARPA funds for the 2021 installment payment, as an expenditure toward the authorized ARPA purpose of addressing an increase in gun related crime within the City. The City recommends passage of Resolution 5624, authorizing the Mayor to sign the proposed contract and quote with Axon Rev iewed by Council Committees: Councilmember:Jeyaraj Staff:Caillier Meeting Date:October 18, 2021 Item Number:RES.D Page 122 of 158 Page 123 of 158 -------------------------------- Resolution No. 5624 October 7, 2021 Page 1 of 3 RESOLUTION NO. 5624 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON: (1) AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH AXON ENTERPRISE, INC., FOR POLICE BODY WORN CAMERAS AND RELATED EQUIPMENT, AND (2) ALLOCATING ARPA FUNDS TOWARD THE CONTRACT PURCHASE WHEREAS, the Auburn Police Department (APD) seeks to increase transparency, accountability and efficiency by procuring officer body worn cameras, updated systems for in-car video and interview room cameras, and updated less lethal conducted energy weapons; WHEREAS, Axon Enterprise, Inc. (Axon) is a vendor of these items. On July 12, 2021, Axon presented information to the City Council regarding its products and services. Following Axon’s presentation, the City Council passed Ordinance No. 6830 authorizing the APD to use body cameras, and to engage in competitive negotiations for the procurement of the above equipment items; WHEREAS, on August 9, 2021 the APD issued and published a request for proposals (RFP) seeking proposals for the items. APD received proposals from Axon and two other vendors. Of the three proposals received, only Axon’s offered all items sought in the RFP. Axon’s proposal quotes $2,296,086.41 for the items sought, to be paid in yearly installments each November until 2025; WHEREAS, bundling this equipment purchase under Axon’s proposal reduces the cost of separate item purchases, and Axon’s proposal includes several technical advantages in video quality, storage, redaction and conducted energy weapon integration that makes its proposal the most advantageous to the City; Page 124 of 158 -------------------------------- Resolution No. 5624 October 7, 2021 Page 2 of 3 WHEREAS, on September 7, 2021, the City passed Ordinance No. 6832 that allocated a portion of its American Rescue Plan Act (ARPA) funds for the authorized purpose of mitigating negative economic impacts of the COVID-19 pandemic. U.S. Treasury Department guidance indicates that expenditures toward law enforcement technology and equipment to more efficiently and effectively respond to increased gun violence during the pandemic can meet this stated ARPA purpose; WHEREAS, APD statistics reveal increased gun related crime in the City during the pandemic when compared to previous years. The Council finds that the Axon contract installment payment for 2021 would enable APD to more efficiently and effectively respond to this COVID-era increase in gun related crime through accurate incident recording and documentation, and an improved less lethal incident response option for APD officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is authorized to sign the contract and the corresponding price quote with Axon attached as Exhibit A to this Resolution; Section 2. The Finance Department is authorized to fund the 2021 installment of the Axon contract using the City’s ARPA funds allocated to mitigating negative COVID economic impacts under Ordinance No. 6832. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Page 125 of 158 -------------------------------- Resolution No. 5624 October 7, 2021 Page 3 of 3 Section 4. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this _____ day of _________________, 2021. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Page 126 of 158 1 Q-331734-44475.720AS Q-331734-44475.720AS Issued: 10/06/2021 Quote Expiration: 11/01/2021 EST Contract Start Date: 12/01/2021 Account Number: 112450 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Business;Delivery;Invoice-340 E Main St Auburn Police Dept. - WA Allen Sliper 340 E Main St 340 E Main St Phone: Phone: (253) 876-1907 Auburn, WA 98002-5548 Auburn, WA 98002-5548 Email: asliper@axon.com Email: sstocker@auburnwa.gov USA USA Fax: Fax: (253) 931-5108 Email: Program Length 60 Months Bundle Savings $727,872.90 TOTAL COST $2,296,086.41 Additional Savings $37,432.08 ESTIMATED TOTAL W/ TAX $2,296,086.41 TOTAL SAVINGS $765,304.98 PAYMENT PLAN PLAN NAME INVOICE DATE AMOUNT DUE Year 1 Nov, 2021 $586,352.50 Year 2 Nov, 2022 $427,433.48 Year 3 Nov, 2023 $427,433.48 Year 4 Nov, 2024 $427,433.48 Year 5 Nov, 2025 $427,433.48 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 127 of 158 2 Q-331734-44475.720AS Quote Details Bundle Summary Item Description QTY OSP7+Premium 2021 - OFFICER SAFETY PLAN 7 PLUS Premium 123 AB3C AB3 Camera Bundle 123 AB3MBD AB3 Multi Bay Dock Bundle 16 Unlimited7+Premium 2021 Unlimited 7+ Premium Bundle 2 AB3C AB3 Camera Bundle 2 AB3MBD AB3 Multi Bay Dock Bundle 1 Fleet3B Fleet 3 Basic 44 ProLicense Pro License Bundle 10 DynamicBundle Dynamic Bundle 1 Bundle: AB3 Camera Bundle Quantity: 123 Start: 12/1/2021 End: 11/30/2026 Total: 85977 USD Category Item Description QTY Camera 73202 AXON BODY 3 - NA10 123 Spare Camera 73202 AXON BODY 3 - NA10 4 Camera Mount 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, RAPIDLOCK 123 USB 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 123 Other 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, RAPIDLOCK 12 Other 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 4 Bundle: AB3 Multi Bay Dock Bundle Quantity: 16 Start: 12/1/2021 End: 11/30/2026 Total: 24622.4 USD Category Item Description QTY Dock 74210 AXON BODY 3 - 8 BAY DOCK 16 Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 16 Wall Mount 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 16 Bundle: 2021 - OFFICER SAFETY PLAN 7 PLUS Premium Quantity: 123 Start: 12/1/2021 End: 11/30/2026 Total: 1727387.91 USD Category Item Description QTY Holsters 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 120 Holsters 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 3 HALT Suit 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 3 Page 128 of 158 3 Q-331734-44475.720AS Handle License 20248 TASER 7 EVIDENCE.COM LICENSE 123 Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 369 Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 369 Handles 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 123 Inert Cartridges 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 Inert Cartridges 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 Admin License 20248 TASER 7 EVIDENCE.COM LICENSE 2 Taser 7 Target 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)2 Spare Handles 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 4 Taser 7 Target Frame 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 246 Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 246 Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 246 Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 246 Training Live Cartridges 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 246 Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 246 Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 246 Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 246 Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 246 Training Live Cartridges 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 246 Batteries 20018 TASER 7 BATTERY PACK, TACTICAL 147 Master Instructor Course Vouchers 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Master Instructor Course Vouchers 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Master Instructor Course Vouchers 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Master Instructor Course Vouchers 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Master Instructor Course Vouchers 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 Training Halt Cartridges 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 246 Training Halt Cartridges 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 246 Training Halt Cartridges 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 246 Training Halt Cartridges 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 246 Instructor Course Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Instructor Course Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Instructor Course Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Instructor Course Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Instructor Course Vouchers 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 Docks 74200 TASER 7 6-BAY DOCK AND CORE 2 Dock Mount 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 Dock Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 Duty Cartridge Replenishment Program 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT LICENSE 123 E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE (Formerly SKU 73746)123 Page 129 of 158 4 Q-331734-44475.720AS Viewer License 73687 EVIDENCE.COM VIEWER LICENSE 1 Device Storage 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 123 A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 3690 Respond Plus 73680 RESPOND DEVICE PLUS LICENSE 123 Records 73681 AXON RECORDS FULL 123 Citizen 73618 CITIZEN FOR COMMUNITIES USER LICENSE 123 Redaction 73478 REDACTION ASSISTANT USER LICENSE 123 Auto Tagging 73682 AUTO TAGGING LICENSE 123 Performance 73739 PERFORMANCE LICENSE 123 On-Demand Transcription 85760 Auto-Transcribe Unlimited Service 123 3rd Party Video 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 123 Auto Tagging Implementation 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 Signal Sidearm Kit 75015 SIGNAL SIDEARM KIT 123 Signal Sidearm Batteries 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 246 Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP)123 Camera Refresh 1 with Spares 73309 AXON CAMERA REFRESH ONE 127 Camera Refresh 2 with Spares 73310 AXON CAMERA REFRESH TWO 127 Warranty 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)16 Multi-bay Dock Refresh 1 73689 MULTI-BAY BWC DOCK 1ST REFRESH 16 Multi-bay Dock Refresh 2 73688 MULTI-BAY BWC DOCK 2ND REFRESH 16 VR Software 20370 FULL VR TASER 7 ADD-ON USER ACCESS 123 VR Headset 20378 HTC SUNRISE VR HEADSET 5 Spare Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP)4 Other 80395 EXT WARRANTY, TASER 7 HANDLE 123 Other 80395 EXT WARRANTY, TASER 7 HANDLE 4 Other 80374 EXT WARRANTY, TASER 7 BATTERY PACK 147 Other 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 2 Controller Case 20188 VR CONTROLLER KIT PELICAN CASE 2 Controller 20298 VR-ENABLED GLOCK 17 CONTROLLER 2 Tablet 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 2 Tablet Case 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 2 Standoff Cartridges 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE)4 CQ Cartridges 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE)4 Bundle: 2021 Unlimited 7+ Premium Bundle Quantity: 2 Start: 12/1/2021 End: 11/30/2026 Total: 23879.99 USD Category Item Description QTY E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE (Formerly SKU 73746)2 Device Storage 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 2 A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 Page 130 of 158 5 Q-331734-44475.720AS Respond Plus 73680 RESPOND DEVICE PLUS LICENSE 2 Records 73681 AXON RECORDS FULL 2 Citizen 73618 CITIZEN FOR COMMUNITIES USER LICENSE 2 Redaction 73478 REDACTION ASSISTANT USER LICENSE 2 Auto Tagging 73682 AUTO TAGGING LICENSE 2 Performance 73739 PERFORMANCE LICENSE 2 On-Demand Transcription 85760 Auto-Transcribe Unlimited Service 2 3rd Party Video 11642 THIRD-PARTY VIDEO SUPPORT LICENSE 2 Auto Tagging Implementation 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 Signal Sidearm Kit 75015 SIGNAL SIDEARM KIT 2 Signal Sidearm Batteries 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 4 Camera Warranty 80464 EXT WARRANTY, CAMERA (TAP)2 Camera Refresh 1 with Spares 73309 AXON CAMERA REFRESH ONE 2 Camera Refresh 2 with Spares 73310 AXON CAMERA REFRESH TWO 2 Warranty 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)1 Multi-bay Dock Refresh 1 73689 MULTI-BAY BWC DOCK 1ST REFRESH 1 Multi-bay Dock Refresh 2 73688 MULTI-BAY BWC DOCK 2ND REFRESH 1 VR Software 20370 FULL VR TASER 7 ADD-ON USER ACCESS 2 VR Headset 20378 HTC SUNRISE VR HEADSET 1 Controller Case 20188 VR CONTROLLER KIT PELICAN CASE 1 Controller 20298 VR-ENABLED GLOCK 17 CONTROLLER 1 Tablet 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 1 Tablet Case 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 1 Standoff Cartridges 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE)2 CQ Cartridges 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE)2 Bundle: AB3 Camera Bundle Quantity: 2 Start: 12/1/2021 End: 11/30/2026 Total: 1398 USD Category Item Description QTY Camera 73202 AXON BODY 3 - NA10 2 Camera Mount 71026 MAGNET MOUNT, FLEXIBLE REINFORCED, RAPIDLOCK 2 USB 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 2 Bundle: AB3 Multi Bay Dock Bundle Quantity: 1 Start: 12/1/2021 End: 11/30/2026 Total: 1538.9 USD Category Item Description QTY Dock 74210 AXON BODY 3 - 8 BAY DOCK 1 Power Cord 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 Wall Mount 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 Page 131 of 158 6 Q-331734-44475.720AS Bundle: Fleet 3 Basic Quantity: 44 Start: 12/1/2021 End: 11/30/2026 Total: 340560.01 USD Category Item Description QTY Storage 80410 FLEET, EVIDENCE LICENSE, 1 CAMERA STORAGE, LICENSE 88 E.com License 80400 FLEET, VEHICLE LICENSE, LICENSE 44 Camera Kit & Warranty 72036 FLEET 3 STANDARD 2 CAMERA KIT 44 Router 11634 CRADLEPOINT IBR900-1200M-NPS+5 YEAR NETCLOUD 44 Router Antenna 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 44 Ethernet Cable 74110 FLEET ETHERNET CABLE, CAT6, 25 FT 44 Vehicle Installation 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE)44 Axon Signal Unit 70112 AXON SIGNAL UNIT 44 Cable Assembly 70117 AXON SIGNAL UNIT, CABLE ASSEMBLY 44 Spare Camera Kit & Warranty 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 Other 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 44 Other 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 Bundle: Pro License Bundle Quantity: 10 Start: 12/1/2021 End: 11/30/2026 Total: 23400 USD Category Item Description QTY E.com License 73746 PROFESSIONAL EVIDENCE.COM LICENSE (Formerly SKU 73746)10 A La Carte Storage 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 30 Bundle: Dynamic Bundle Quantity: 1 Start: 12/1/2021 End: 11/30/2026 Total: 8882.5 USD Category Item Description QTY Other 74056 WALL MOUNT 1 Other 50294 LITE SERVER 2 Other 74116 INTERVIEW COVERT ENCLOSURE - AV WALL PLATE, FLUSH MOUNTED 1 Other 50220 HP SWITCH - 8PORT GIGABIT MAX POE MANAGED SWITCH - NON SER 1 Other 50113 COVERT CAMERA, MAIN UNIT 2 Other 50118 LOUROE MICROPHONE 2 Other 74114 INTERVIEW COVERT ENCLOSURE - MOTION SENSOR 1 Sensor Unit 50114 COVERT CAMERA, SENSOR UNIT 2 Other 50268 POS-X TP6 TOUCH PANEL W/4GB RAM 1 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Page 132 of 158 7 Q-331734-44475.720ASPage 133 of 158 8 Q-331734-44475.720AS Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 134 of 158 9 Q-331734-44475.720AS \s1\\d1\ Signature Date Signed 10/6/2021 Page 135 of 158 Master Services and Purchasing Agreement between Axon and Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 13.0 Release Date: 3/31/2021 Page 1 of 23 This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties therefore agree as follows: 1 Definitions. “Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. “Axon Device” means all hardware provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices. Any terms within Agency’s purchase order in response to a Quote will be void unless the terms are reviewed and approved by Axon. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon may cancel orders made from quotes containing typographical errors by Axon that affect the quantity of items supplied or other material quote terms, unless Agency has relied on the erroneous quote to its detriment. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”). All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”). Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. Page 136 of 158 Master Services and Purchasing Agreement between Axon and Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 13.0 Release Date: 3/31/2021 Page 2 of 23 7 Warranty. 7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. Non- Axon manufactured Devices are not covered by Axon’s warranty. Agency should contact the manufacturer for support of non-Axon manufactured Devices. 7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90-days from the date of repair or replacement. If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon Device sent to Axon for service. 7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non- functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose. 7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. 7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. 7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. Page 137 of 158 Master Services and Purchasing Agreement between Axon and Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 13.0 Release Date: 3/31/2021 Page 3 of 23 9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12 Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance reflecting coverage for Axon and its employees or agents performing any work under this Agreement or any of its appendices. 13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency’s negligent or willful misconduct. 14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. 15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices. 17 Termination. 17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 17.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 18 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, Page 138 of 158 Master Services and Purchasing Agreement between Axon and Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 13.0 Release Date: 3/31/2021 Page 4 of 23 given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing is Confidential Information and competition sensitive. Axon may publicly announce information related to this Agreement. 19 General. 19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to an event such as a natural or man-made disaster, an act of God, a strike, a riot, an act of war, or a similar cause beyond a Party’s reasonable control. 19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 19.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. Agency: City of Auburn Attn: Legal Attn: Mark Caillier 17800 N. 85th Street 340 E. Main St. Scottsdale, Arizona 85255 Auburn, WA 98002 legal@axon.com mcaillier@auburnwa.gov 19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the Page 139 of 158 Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 5 of 23 entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. City of Auburn Signature: Signature: Name: Name: Nancy Backus Title: Title: Mayor Date: Date: Page 140 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 6 of 23 Axon Cloud Services Terms of Use Appendix 1 Definitions. “Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data. “Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. “Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non- TASER Data to Axon Evidence Lite. 3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency has necessary rights in or to Agency Content uploaded; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately Page 141 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 7 of 23 if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. For purposes of this Agreement, “Agency End User” includes those Agency individuals identified in Paragraph 13 of this Agreement, and does not include members of the public or others who obtain access to Agency’s Content through or as a result of legally required disclosures. 6 Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services- privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. 9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors occurring before the Agency uploads data to Axon Cloud Services. 12 Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. Page 142 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 8 of 23 The Axon Records Subscription Term will end upon the competition of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”) An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4 use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or 13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code. 14 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. Page 143 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 9 of 23 17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. Page 144 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 10 of 23 Professional Services Appendix 1 Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 Body-Worn Camera Full Service (BWC Full Service). BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on- site days, Agency must purchase additional days. BWC Full Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 3 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency must purchase additional on-site Services. The BWC Starter options include: Page 145 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 11 of 23 System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration • Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services. 5 CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency Page 146 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 12 of 23 TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course. 7 Signal Sidearm Installation Service. If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for providing an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes: Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device 8 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 9 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 10 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 11 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices (“User Documentation”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it Page 147 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 13 of 23 12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause. Page 148 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 14 of 23 Technology Assurance Plan Appendix If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies. 1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty. 2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”). 4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote. If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock. 5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option. 6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency. 7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2 Axon will not and has no obligation to provide the Upgrade Models. 9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP. Page 149 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 15 of 23 TASER 7 Appendix This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon. 1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically. 3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term. 4 Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade- in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days 5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date. 6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end users than the Quote specifies. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. 8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: Page 150 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 16 of 23 8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. Page 151 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 17 of 23 Axon Auto-Tagging Appendix 1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location- based on data maintained in Agency’s CAD or RMS. 2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to: 4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services; 4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4 Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5 Promptly install and implement any software updates provided by Axon; 4.6 Ensure that all appropriate data backups are performed; 4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required; 4.9 Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and 4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5 Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Page 152 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 18 of 23 Axon Fleet Appendix 1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4 Wireless Offload Server. 4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS. 4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS (“WOS Updates”) available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 5 Axon Vehicle Software. 5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) Page 153 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 19 of 23 remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. 6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the “Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware (“Fleet Upgrade”) as schedule on the Quote. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. 8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination: 8.1 Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. Page 154 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 20 of 23 Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus. 1 Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2 Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good- faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs. 3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent. 4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5 Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Aware services, including any Axon-provided LTE service. Page 155 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 21 of 23 Add-on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance. 1 Subscription Term. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency. If Agency purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on. 2 Axon Citizen Storage. For Axon Citizen, Agency may store an unlimited amount of data submitted through the public portal (“Portal Content”), within Agency’s Axon Evidence instance. The post- termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 3 Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS. Page 156 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 22 of 23 Axon Auto-Transcribe Appendix This Appendix applies to Axon Auto-Transcribe. 1) Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency. Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage. 2) Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. 3) Axon Auto-Transcribe On-Demand. Upon Axon granting Agency an On-Demand subscription to Axon Auto-Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. The scope of Axon Auto-Transcribe On-Demand is to assist Agency with reviewing and transcribing individual evidence items. In the event Agency uses Axon Auto-Transcribe On- Demand outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Auto-Transcribe On-Demand to better meet Agency’s needs. 4) Warranty. Axon does not warrant the accuracy of Axon Auto-Transcribe. Page 157 of 158 Master Services and Purchasing Agreement Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 12.0 Release Date: 12/18/2020 Page 23 of 23 Axon Virtual Reality Content Terms of Use Appendix 1 Term. The Quote will detail the duration of the Virtual Reality Content license. 2 Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Axon’s Virtual Reality Content, Agency must purchase those headsets from Axon. 3 License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Content licenses from Axon. Agency may not use Virtual Reality Content for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1 modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Content; 3.2 reverse engineer, disassemble, or decompile Virtual Reality Content or apply any process to derive the source code of Virtual Reality Content, or allow others to do the same; 3.3 copy Virtual Reality Content in whole or part, except as expressly permitted in this Agreement; 3.4 use trade secret information contained in Virtual Reality Content; 3.5 resell, rent, loan or sublicense Virtual Reality Content; 3.6 access Virtual Reality Content to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Content; or 3.7 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Content or any copies of Virtual Reality Content. 4 Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Page 158 of 158