HomeMy WebLinkAbout03-07-2022 City Council Meeting AgendaCity Council Meeting
March 7, 2022 - 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, March 7, 2022 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/89794732571
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 F ree)
Webinar I D: 897 9473 2571
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
A .P roclamation - National Women's History Month
Mayor Backus to proclaim March 2022 as "National Women's History Month" in the city
of Auburn
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B .P roclamation - Problem Gambling Awareness Month
Mayor Backus to proclaim March 2022 as "Problem Gambling Awareness Month" in
the city of Auburn
C.P roclamation - Tamil Heritage Day
Mayor Backus to proclaim March 9, 2022 as "Tamil Heritage Day" in the city of Auburn
D.P roclamation - Solidarity for Ukraine
Mayor Backus to proclaim Solidarity with the Country of Ukraine
E .K ing County I and Q Facility Update
I V.AP P O I NT M E NT S
A .B oards and Commissions A ppointments
City Council to confirm the following appointments to the Business I mprovement A rea
Committee of Ratepayers for a three-year term to expire December 31, 2024:
B rittiany K arlson
K aty Selden
(RE C O M M E ND E D AC T I O N: M ove to approve the appointments to the
Business Improvement Area Committee of Ratepayers for a three year term to
expire on December 31, 2024.)
V.AG E ND A M O D I F IC AT I O NS
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 .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
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
publiccomment@auburnwa.gov
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B .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)
2.Preservation F unding (Chair J eyaraj)
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 February 22, 2022 Council Meeting
B .Claims Vouchers (Thomas)
Claims voucher list dated March 7, 2022 which includes voucher numbers 466990
through 467161, in the amount of $1,843,939.70 and six wire transfers in the amount of
$758,066.25.
C.P ayroll Vouchers (T homas)
P ayroll check numbers 539332 through 539337 in the amount of $543,664.41,
electronic deposit transmissions in the amount of $2,198,320.64 for a grand total of
$2,741,985.05 for the period covering F ebruary 17, 2022 to March 02, 2022
D.S etting date for Public Hearing for New Cingular W ireless
P C S, L L C F ranchise Agreement
City Council to set date for Public Hearing for Franchise A greement No. F R N21-0006
for New Cingular W ireless P C S , L L C W ireless Telecommunications Franchise
(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
X .RE S O L UT IO NS
A .Resolution No. 5651
A Resolution authorizing the Mayor to sign an interlocal agreement admitting the City as
a member of the Washington Multi-City B usiness L icense and Tax P ortal A gency
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5651.)
B .Resolution No. 5653
A Resolution authorizing the Mayor to sign an agreement with American Traffic
S olutions, I nc., D B A Verra Mobility, for automated traffic safety camera equipment and
services in school zones
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5653.)
Page 3 of 138
C.Resolution No. 5652
A Resolution authorizing the Mayor to execute an agreement between the City of
A uburn and the A ssociation of Washington Cities for Grant F unding and to expend the
funds for Youth S ummer E xperience and E nrichment Programs
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5652.)
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 .NE W B US I NE S S
X I I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 22, 2022 Council Meeting
Date:
March 2, 2022
Department:
Administration
Attachments:
02-22-2022 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:March 7, 2022 Item Number:CA.A
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City Council Meeting
February 22, 2022 - 7:00 P M
City Hall Council Chambers and 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
I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and 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 and led those
in attendance in the Pledge of Allegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor J ames J eyaraj, L arry
B rown, K ate Baldwin, Bob B aggett, Robyn Mulenga, and Yolanda Trout-
Manuel. Councilmember Stearns was excused.
Mayor Nancy Backus, City Attorney Kendra Comeau, Chief of P olice Mark
Caillier, Director of I nnovation and Technology David Travis, I nnovation and
Technical Support S pecialist Danika Olson and Deputy City Clerk Teresa
Mattingly were in Chambers.
The following department directors and staff members attended the
meeting virtually: Director of Public Works I ngrid Gaub, Director of
Community Development J eff Tate, Director of Parks, Arts, and
Recreation Daryl F aber, Director of Finance J amie Thomas, Director of
A dministration Dana Hinman, and Outreach P rogram A dministrator Kent
Hay.
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 .Homelessness Update
Director Hinman and Director Tate provided Council with an update on the
City of Auburn's response to homelessness from 2011-2021 and reviewed
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the 2020 Human Services F unding by P riority Area, 2020-2021 Awarded
C D B G-C V Funding and the demographics for unsheltered A uburn
residents served in 2021 by race/ethnicity.
Outreach Coordinator Hay reviewed the Auburn Homeless Person
Demographics for 2021 and discussed challenges to get people into
housing and or treatment.
Council discussed ways to hold homeless individuals accountable,
numbers of people who are being helped, the amount of help available,
how giving homeless individuals money is adding to the homeless problem,
services that are provided once individuals are placed into housing,
homelessness in the downtown area, job training programs, funding for the
eviction protection program and the hotel purchased by K ing County.
I V.AP P O I NT M E NT S
A .B oards and Commissions A ppointments
City Council to approve the following appointments to B oards and Commissions for
three year terms expiring December 31, 2024:
Arts Commission
Christopher Olds
Auburn M unicipal Airport Advisory Board
J ustin Heater
J ay Miner
Councilmember B rown moved and Councilmember Trout-Manuel
seconded to approve the B oard and Commission members to a three year
term to expire on December 31, 2024.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V I .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.T he public can participate in-person or submit written
comments in advance.
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Hiram Silva
Mr. Silva expressed his concern with homelessness and the impact it
has on local businesses.
B arbara S chwend-Setzer
Ms. S chwend-Setzer expressed her concerns regarding noise and
safety related to homelessness near the Ames A partments.
Garrett Haynes
Mr. Haynes expressed his concerns regarding the level of
homelessness in Auburn.
Mikky Taylor Tallman
Mr. Tallman discussed working to help those in the community before
concerns become problems.
Michael Christenson
Mr. Christenson expressed his concerns that homelessness is having
on him as a property owner and his Buds & Blooms tenants.
B rian Brewster
Mr. Brewster expressed his frustration and concerns over the litter
problem in Auburn.
Cheryl Rakes
Ms. Rakes expressed her concerns for the safety of businesses in
A uburn due to homelessness.
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 B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Baldwin 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 February 7, 2022 Regular City Council Meeting
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B .Minutes of the J anuary 24, 2022 and February 14, 2022 S tudy
S essions
C.Claims Vouchers (Thomas)
Claims Voucher list dated F ebruary 22, 2022 which included voucher numbers 466830
through 466989, in the amount of $6,441,077.44, and three wire transfers in the
amount of $462,867.02
D.P ayroll Vouchers (T homas)
P ayroll check numbers 539324 through 539330 in the amount of $ 75,297.42,
electronic deposit transmissions in the amount of $2,403,922.43 also a special payroll
for Commissioned P olice Retention B onuses with electronic deposit transmissions in
the amount of $527,476.48, for a grand total of $3,006,696.33 for the period covering
February 03, 2022 to F ebruary 16, 2022
Deputy Mayor J eyaraj moved and Councilmember B aggett 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. 6849 (T homas)
A n Ordinance establishing the L ocal S ales and Use Tax Rate for L ocal Revitalization
Financing for 2022
Councilmember B aggett moved and Deputy Mayor J eyaraj seconded to
adopt Ordinance No. 6849.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this 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 J eyaraj reported he attended the S ound Cities A ssociation
P ublic Relations Committee
Councilmember B aggett reported he attended the King County Regional
Transit Committee Meeting
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B .From the M ayor
Mayor Backus reported attending the Regional P olicy Committee meeting
and she participated on the hiring committee for a S HA P E manager.
X I I .NE W B US I NE S S
There was no new business.
A .E xcutive Session
Mayor Backus called for E xecutive S ession at 8:35 for 20 minutes
per R C W 42.30.110(1)(I ). City Attorney Comeau and Police Chief Caillier
were required to attend. Mayor Backus extended the session for an
additional 10 minutes. The meeting reconvened at 9:08 p.m.
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 9:08 p.m.
A P P R O V E D this 7th day of March, 2022.
_______________________________ ___________________________
J A ME S J E YA R A J , D E P UT Y 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 5 of 5Page 10 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
March 2, 2022
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claims Vouchers
Background for Motion:
Background Summary:
Claims voucher list dated March 7, 2022 which includes voucher numbers 466990 through
467161, in the amount of $1,843,939.70 and six wire transfers in the amount of $758,066.25.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:March 7, 2022 Item Number:CA.B
Page 11 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
March 2, 2022
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:
Payroll check numbers 539332 through 539337 in the amount of $543,664.41, electronic
deposit transmissions in the amount of $2,198,320.64 for a grand total of $2,741,985.05 for
the period covering February 17, 2022 to March 02, 2022
Background Summary:
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:March 7, 2022 Item Number:CA.C
Page 12 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting date for Public Hearing for New Cingular Wireless PCS,
LLC Franchise Agreement
Date:
February 28, 2022
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to set the date of the Public Hearing for Franchise Agreement No. FRN21-0006
for New Cingular Wireless PCS, LLC Wireless Telecommunications Franchise for March 21,
2022, at 7:00 pm.
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a public hearing before
granting or denying a franchise agreement. Staff requests that the City Council set the date of
the public hearing for Franchise Agreement No. FRN21-0006 for New Cingular Wireless
PCS, LLC Wireless Telecommunications Franchise for March 21, 2022 at 7:00 pm.
Section 20.02.040 of the Auburn City Code requires a franchise for any telecommunications
carrier or operator to use public ways of the City and to provide telecommunications services
to any person or areas inside or outside of the City.
New Cingular Wireless PCS, LLC. has applied for a new franchise agreement to continue to
operate their existing wireless telecommunications site located in the public way of Auburn
Way North, north of 26th Street NE as their current franchise agreement is set to expire in the
near future. New Cingular Wireless PCS, LLC currently provides wireless voice, data and
communications services, including commercial radio and mobile data services from the
existing facility. The proposed agreement is consistent with the City’s standard franchise
agreement language.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 7, 2022 Item Number:CA.D
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5651
Date:
February 28, 2022
Department:
Finance
Attachments:
Res olution No. 5651
Exhibit A
Exhibit B
Exhibit C
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5651
Background for Motion:
Resolution No. 5651 allows the City to join the Multi-City Business License and Tax Portal
Agency as Principal Agency which grants the City and its businesses access to a customized
online portal for online business and occupation tax filing and payments.
Background Summary:
Resolution No. 5651 authorizes the City’s partnership with the Multi-City Business License
and Tax Portal Agency. The Multi-City Business License and Tax Portal Agency is an
interagency consortium that provides a consolidated, front-end customer portal (FileLocal) for
filing and remitting business and occupation taxes, business licensing renewals, and other
city-specific taxes. The agency provides an efficient and consolidated online tax reporting
platform for businesses. It also provides a great benefit for cities through its comprehensive
data collection and payment processing portal, which helps automate a large volume of data
collected in a short period of time.
In May 2021 the City Council adopted a City Business and Occupation Tax Code. The City of
Auburn will greatly benefit from being able to participate in the Multi-City Business License and
Tax Portal Agency and utilize the custom platform, FileLocal, for business and occupation tax
filing. The Multi-City Business License and Tax Portal Agency’s executive board, consisting of 11
Puget Sound cities, passed the City of Auburn’s admission on December 16, 2021. Being a
Principal Agency will allow the city to have a vote and influence over prioritizing improvements,
enhancements, and system fixes.
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Thomas
Meeting Date:March 7, 2022 Item Number:RES.A
Page 15 of 138
Page 16 of 138
-----------------------------
Resolution No. 5651
March 3, 2022
Page 1 of 3
RESOLUTION NO. 5651
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN AN INTERLOCAL AGREEMENT ADMITTING THE CITY
AS A MEMBER OF THE WASHINGTON MULTI-CITY
BUSINESS LICENSE AND TAX PORTAL AGENCY
WHEREAS, the City established its business and occupation (B&O) tax
and corresponding administrative provisions in Ordinance No. 6814;
WHEREAS, in a 2014 interlocal agreement, Seattle, Bellevue, Everett
and Tacoma created the Washington Multi-City Business License and Tax
Portal Agency (the Agency) to assist cities and B&O taxpayers by establishing a
uniform municipal B&O tax reporting and payment system (known as
“FileLocal”). The FileLocal system is an efficient and simplified way for
taxpayers to report and pay municipal B&O taxes. Under the interlocal
agreement, participating cities share the cost of operating the FileLocal system
in accordance with their respective shares of total system tax filings. The 2014
interlocal agreement is attached as Exhibit A to this Resolution;
WHEREAS, section 8 of the interlocal agreement allows the Agency to
admit additional city members through agreement addendums signed by
appropriate city officials. Since 2014, Renton, Des Moines, Lake Forest Park
and Kent have also joined the Agency;
WHEREAS, in December 2021, the Agency adopted Resolution FL2021-
04 approving the City’s Agency admission, conditioned upon the City executing
Page 17 of 138
-----------------------------
Resolution No. 5651
March 3, 2022
Page 2 of 3
an interlocal agreement addendum. The Agency’s approval resolution of
approval and the required agreement addendum are respectively attached to
this Resolution as Exhibits B and C;
WHEREAS, the City desires to join the Agency so that its B&O taxpayers
may use the Agency’s FileLocal system to report and pay City B&O taxes
required by Ordinance No. 6814.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to sign the addendum to the
Washington Multi-City Business License and Tax Portal Agency Interlocal
Agreement attached as Exhibit C to this Resolution, so that the City can be
added as a member of the Washington Multi-City Business License and Tax
Portal Agency.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation, to include signing additional documents necessary to effectuate the
City’s admission as an Agency member.
Page 18 of 138
-----------------------------
Resolution No. 5651
March 3, 2022
Page 3 of 3
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 2022.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
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Page 81 of 138
Resolution No. FL2021-04
Page 1 of 2
RESOLUTION NO. FL2021-04 1
2
A Resolution of the Washington Multi-City 3
Business License and Tax Portal Agency 4
Executive Board Approving the Addition of the 5
City of Auburn as a Principal City. 6
7
Whereas, the Washington Multi-City Business License and Tax Portal Agency 8
(“Agency”) was originally established under the Interlocal Agreement By and Between the 9
Cities of Bellevue, Everett, Seattle, and Tacoma, dated March 1, 2014 (“Interlocal 10
Agreement”); and 11
12
Whereas, Section 8.c. and 8.d. of the Interlocal Agreement authorize the 13
Executive Board of the Agency to approve, by super-majority vote, the admission of new 14
cities as either Principals and Subscribers; and 15
16
Whereas, the City of Auburn has indicated its interest and desire to become a 17
Principal of the Agency, and its willingness to execute the Interlocal Agreement, upon 18
approval of its legislative body, and to fulfill any and all financial terms and conditions 19
included therein as the Executive Board may deem appropriate and consistent with the 20
Agency’s Bylaws and Portal Operations Policy; 21
22
Now Therefore, BE IT RESOLVED by the Executive Board of the Washington 23
Multi-City Business License and Tax Portal Agency: 24
25
SECTION 1. The Executive Board hereby approves admission of the City of 26
Auburn, Washington, as a Principal of the Agency, pursuant to Section 8 of the ILA. 27
28
SECTION 2. The addition of the City of Auburn as a Principal City is conditioned 29
upon the consent of the Auburn City Council to the terms of the ILA. The Mayor of the 30
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FL2022-04 Attachment A
FIFTH ADDENDUM TO PAGE 31 OF THE WASHINGTON MULTI-CITY BUSINESS
LICENSE AND TAX PORTAL AGENCY INTERLOCAL AGREEMENT DATED
MARCH 1, 2014 TO ADD CITY OF AUBURN AS A PRINCIPAL.
Pursuant to FileLocal Resolution 2021-04 and Section 8 of the foregoing, this Agreement has
been executed by the City of Auburn to become a Principal city on the date set forth below:
City of Auburn
________________________________
City Manager [or title]
________________________________
Date
Page 84 of 138
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5653
Date:
March 1, 2022
Department:
Public Works
Attachments:
Res olution No. 5653
Exhibit 1
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5653.
Background for Motion:
The goal of the program is to encourage motorists to comply with the reduced speed limit
within school zones to improve safety. American Traffic Solutions, DBA Verra Mobility, was
identified as the preferred vendor for this service. Subsequent negotiations with Verra Mobility
resulted in a proposed contract for automated traffic safety camera equipment and services.
Background Summary:
Council discussed the proposed photo enforcement program for school zone safety cameras
at Council Study Sessions on October 26, 2020, February 14, 2022, and February 28, 2022.
A copy of the agreement was provided to Council at the February 28, 2022 Study Session for
discussion.
Resolution No. 5653 authorizes the Mayor to sign an agreement with American Traffic
Solutions, Inc., DBA Verra Mobility, for automated traffic safety camera equipment and
services in school zones.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:March 7, 2022 Item Number:RES.B
Page 85 of 138
-----------------------------
Resolution No. 5653
March 1, 2022
Page 1 of 2
RESOLUTION NO. 5653
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
SIGN AN AGREEMENT WITH AMERICAN TRAFFIC
SOLUTIONS, INC. FOR AUTOMATED TRAFFIC SAFETY
CAMERA EQUIPMENT AND SERVICES
WHEREAS, City traffic safety and enforcement goals include
encouraging motorists to comply with traffic laws compliance and reducing the
number of traffic infractions in school zones to improve safety;
WHEREAS, in accordance with these goals, the City desires to establish
and implement an automated traffic safety camera program in accordance with
RCW 46.63.170 and ACC 10.42;
WHEREAS, on January 26, 2021, the City issued a request for proposals
(RFP) to qualified vendors who could provide the City with the equipment and
services needed to establish and automated traffic safety camera program ;
WHEREAS, American Traffic Solutions, Inc., d/b/a Verra Mobility
(“Verra”) responded to the City’s RFP with a proposal most advantageous to the
City. Subsequent negotiations with Verra resulted in a proposed contract for
automated traffic safety camera equipment and services. The proposed
contract is attached as Exhibit 1 to this Resolution;
WHEREAS, the City wishes to enter the proposed contract with Verra for
the development and operation of an automated traffic safety camera program.
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Resolution No. 5653
March 1, 2022
Page 2 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. On behalf of the City, the Mayor is authorized to sign the
contract with American Traffic Solutions, Inc., d/b/a Verra Mobility, attached as
Exhibit 1 to this Resolution.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 20 22.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement includes the attached Exhibits (“Agreement”) and is made by and
between American Traffic Solutions, Inc., doing business as Verra Mobility, (“Verra Mobility”) and the City of
Auburn, Washington (“City”).
WITNESSETH:
WHEREAS, Traffic enforcement is an integral part of traffic safety;
WHEREAS, the City traffic safety and enforcement goals are to encourage compliance with traffic
laws and reduce the number of infractions in school zones to improve safety;
WHEREAS, City desires to implement a photo enforcement program to enforce traffic violations
within school zones (the “Program”) in accordance with RCW §46.163.170 and Auburn City Code Chapter.
10.42;
WHEREAS, the City identified the need to supplement the traffic enforcement efforts with a photo
enforcement program, which must have a cost equal to or less than the program revenues, and aligns with the
City’s equity goals;
WHEREAS, Verra Mobility has the exclusive possession and ownership of the AxsisTM System,
including certain knowledge, equipment, licenses, and the processes for processing Violations;
WHEREAS, the City desires to use the Camera Systems together with the Axsis System to monitor
and enforce traffic Violations and to issue Citations for traffic Violations as part of its Program;
WHEREAS, the City issued a Request for Proposals dated on or about January 26, 2021 to which
Verra Mobility responded and under which the City awarded this Agreement.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
admitted and acknowledged, the parties agree as follows:
By signing below, the parties agree to the terms and conditions of this Agreement. Each individual
signing below represents that such individual has the requisite authority to execute this Agreement on behalf
of the entity which such individual represents and that all the necessary formalities have been met.
Exhibit 1
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I. DEFINITIONS
As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have
the respective meanings provided below:
“Approach”: One (1) direction of travel on a road or a traffic intersection including up to four (4) contiguous
lanes and, if applicable controlled by up to two (2) signal phases, on which a Camera System may be installed
or deployed upon the mutual agreement of the parties.
“Axsis” or “Axsis System”: The proprietary back-end system that processes Events and Violations, including
the printing and mailing of Citations, the generation of evidence packages, and that provides system generated
reports of Violation counts.
“Business Hours”: Eight (8) hours per day, Monday through Friday, excluding weekends and holidays.
“Business Rules”: The Business Rules Questionnaire to be completed by City and delivered to Verra Mobility
setting forth the business rules for the implementation and operation of the Program.
“Camera System” or “Camera”: A photo-enforcement monitoring device consisting of one (1) rear camera,
strobe (if applicable), and traffic monitoring device (including the wiring associated with each) capable of
accurately detecting a Violation on an Approach with one (1) to four (4) contiguous lanes, depending on the
Camera System configuration, which records such data with one (1) or more images of such vehicle. “Camera
System”, where the context requires, also includes any enclosure or cabinet, wiring, and related appurtenances
in which the equipment is stationed. “Camera System” refers to the Fixed Speed Safety Camera System-.
“Change Order Notice”: Written notice from City requesting changes to the work required to be performed
or the addition of products or services to those required pursuant to the terms of this Agreement, setting forth
in reasonable detail the proposed changes.
“Change Order Proposal”: A written statement from Verra Mobility describing the cost of the changes to
the work or addition of products or services requested by City in a Change Order Notice.
“Citation”: A citation, notice of violation, notice of infraction, notice of liability or equivalent instrument
issued by a competent state, county or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a Violation documented or evidenced in Axsis.
“Event”: A potential Violation captured by the Camera System.
“Fees”: The amount payable by City to Verra Mobility for equipment, services, and maintenance as set forth
in EXHIBIT A.
“Fixed Speed Safety Camera System”: A Camera System that uses radar, or other vehicle detection
technology, to capture the speed of a motor vehicle and generates recorded images of a Violation, and is
installed on a mutually agreed upon Approach.
“Laws”: all federal, state, or local, laws, ordinances, regulations, and orders.
“Notice to Proceed”: Written confirmation from City that Verra Mobility may proceed with the installation
or deployment of a given Camera System, a form of which is attached as EXHIBIT C.
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“Owner”: The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor
vehicle department or the analogous agency of another state or country, including a lessee of a motor vehicle
under a lease of six months or longer.
“Paid Citation”: A situation where the Person cited has paid any portion of the penalty, fine, funds, fees or
costs associated with the particular Citation.
“Person” or “Persons”: Any individual, partnership, joint venture, corporation, limited liability company,
trust, unincorporated association, governmental authority or political subdivision thereof or any other form of
entity.
“Photo Enforcement Infrastructure”: foundation, conduit, and other below-grade infrastructure associated
with installing Camera Systems.
“Program Revenue”: Any penalty, fine, funds, fees or costs paid by a violator for any reason related to any
Violation.
“Project Time Line”: The initial schedule and timelines required to begin the implementation of City’s project,
as mutually agreed upon by the parties. The initial project timeline will be prepared assuming the active
cooperation and engagement of the Program stakeholders set forth in Section 2.1.2 of EXHIBIT B.
“System”: A Camera System and the related Infrastructure.
“Violation”: A failure to obey an applicable traffic law or regulation, including, without limitation, operating a
motor vehicle in excess of the posted speed limit, as determined in City’s sole discretion.
II. GENERAL TERMS AND CONDITIONS
1. Verra Mobility AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 1.
2. CUSTOMER AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 2.
3. TERM:
This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years
beginning on the first day of the month following the first-issued Citation and may be renewed for up to two
(2) two (2) year renewal terms upon the written agreement of the parties.
4. FEES AND PAYMENT:
4.1 City shall pay for all equipment, services and maintenance based on the fee schedule indicated in
EXHIBIT A, Service Fee Schedule 1.
4.2 Invoices shall be in standard Verra Mobility format and provided electronically.
4.3 City shall pay all Fees due Verra Mobility based upon invoices from the preceding month within thirty
(30) days of submission.
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4.4 Verra Mobility’s Fees will be fixed for the first term (5 years) of this Agreement and thereafter unit
prices will be increased annually by the Consumer Price Index (CPI) according to the average change
during the prior twelve (12) months in the CPI for All Urban Consumers (CPI-U) for U.S. City average,
as published by the Bureau of Labor Statistics, U.S. Department of Labor for the Services category
listed under Commodity and Service Group.
4.5 Flexible Payment Plan:
(i) Generally. During the term of this Agreement, City may make monthly payments to Verra Mobility
under a Flexible Payment Plan (FPP). Under the FPP, the City is entitled to retain twenty-five
(25%) of the collected monthly Program Revenue prior to paying Verra Mobility its monthly Fees
and City may defer payments due and owing to Verra Mobility during the term of the Agreement
if the Remaining Program Revenue (i.e., the remaining 75% of the monthly Program Revenue
collected by City) is insufficient to cover the Fees due Verra Mobility for the month. After every
12 monthly invoices, reconciliation of the FPP will occur and the accrued balance due to Verra
Mobility will be set to $0 after the reconciliation is complete. Any Program Revenue amounts City
collects after the term of this Agreement expires shall not be considered in this section 4.5. City
agrees and understands that the FPP shall be applied in the aggregate across all installed Camera
Systems and will not be applied on a per Camera System basis or on a per month basis.
(ii) FPP Accounting and reconciliation. For each reconciliation of the FPP, Verra Mobility will
provide a separate reconciliation invoice that indicates the outstanding reconciliation amount due
from the City. The outstanding reconciliation amount will be calculated by subtracting 75% of the
total program revenues collected by the City during the billing period of the last 12-monthly
invoices from the total fee due from the same period. If the outstanding reconciliation amount
is equal or less than $0.00, no reconciliation payment will be due and the reconciliation will be
complete. If the outstanding reconciliation amount is greater than $0.00, the City shall pay Verra
Mobility the outstanding reconciliation amount and the reconciliation will be complete.
a) Monthly Program Revenue equals or exceeds monthly invoice amount. If the amount of
program revenue City collects from all Camera Systems combined during the same month less
25% (to account for City’s operating expenses) equals or exceeds the amount of the Verra
Mobility invoice for the same month, City shall pay Verra Mobility the total amount due on
the invoice. Upon full payment of such invoice, City shall be entitled to retain all additional
Program Revenue collected.
b) Remaining Program Revenue is less than monthly invoice amount. If the total amount of
revenue collected from all Camera Systems combined during the same month less 25% (to
account for City’s operating expenses) is less than the amount of the Verra Mobility invoice
for the same month, City shall pay Verra Mobility its collected Remaining Program Revenue
for that month and City may defer payment of the remaining invoice balance until the next
FPP reconciliation.
c) Required FPP accounting information. If opting to use a FPP, City shall provide Verra
Mobility with a record of Program Revenue including payments it receives directly or from
the Courts and from Verra Mobility to accurately determine the amount of its Program
Revenue collected.
(iii) Reconciliation of Program Revenue and invoice balances owed. Annually throughout the term of
this Agreement, City invoice amounts due to Verra Mobility will be reconciled with the Remaining
Program Revenue City has collected for the year. If City’s collected Remaining Program Revenue
exceeds its amounts due pursuant to Exhibit A, City shall be entitled to retain this excess amount
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in accordance with applicable law. Annual reconciliations under this paragraph shall be conducted
independent of one another and resulting balances in one annual reconciliation shall not be used
to compute and shall not otherwise affect any other annual reconciliation or its resulting balance.
The first annual reconciliation shall be 12 months from the date of the first-issued Citation.
4.6 Flexible Payment Plan – Limitations. Paragraph 4.5 shall not apply if: (1) City elects not to issue a
legally enforceable citation to a customer as determined by the City; (2) City elects not to pursue
collections on more than ten percent (10%) of unpaid Violations when contractually obligated to do
so; (3) City waives and/or fails to timely process more than ten percent (10%) of valid Violations
forwarded to the Police for acceptance according to the Business Rules defined by the City prior to
the start of the program; (4) City does not provide Verra Mobility with access to an accurate accounting
of all payments received other than received directly by Verra Mobility; or (5) City directs Verra
Mobility to not deploy and operate each Camera System each day as authorized by RCW § 46.163.170
and ACC Chapter 10.42.
5. COMMUNICATION OF INFORMATION:
Verra Mobility will comply with reasonable requests from City for information obtained by Verra Mobility
through operation of the Camera Systems or the Axsis System. Verra Mobility reserves the right to assess a fee
for such services if such information is requested by a third-party or if City could retrieve the information from
the Axsis System without the assistance of Verra Mobility. Verra Mobility will not be under any obligation to
provide information directly to non-City requesting parties. For any non-City requests for information Verra
Mobility shall work collaboratively with City to provide requested information in a timely manner. If Verra
Mobility agrees to provide information to a third party, City shall review and approve Verra Mobility directly
disclosing such information. Nothing in this paragraph shall be construed contrary to the terms and provisions
of any public records laws, insofar as they may be applicable.
6. CONFIDENTIALITY:
No information given by Verra Mobility to City will be of a confidential nature, unless specifically designated
in writing as proprietary or confidential by Verra Mobility (“Verra Mobility Confidential Information”). If,
however, Verra Mobility does designate certain information as proprietary or confidential, City shall treat the
received information as confidential to the extent it is legally able to do so. If a protective order or other
confidential treatment is not obtained or if Verra Mobility waives its rights under this paragraph, City agrees
to furnish only so much of the Verra Mobility Confidential Information as it is legally required to furnish.
Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws,
insofar as they may be applicable.
7. OWNERSHIP OF SYSTEM:
Under all circumstances, Verra Mobility shall retain ownership of all Camera Systems and the Axsis System,
and provided for use by the City under the terms and conditions of this Agreement. In order to carry out
the purposes of this Agreement, for the term of this Agreement, Verra Mobility grants City a non-exclusive,
non-transferable license to use the Axsis System. On and as of the date o f termination of this Agreement,
Verra Mobility shall remove all installed photo enforcement infrastructure and substantially restore sites to
pre-installation condition.
Verra Mobility shall retain the ownership rights to all metadata, business intelligence, or other analytics
obtained, gathered, or mined by Verra Mobility from the data captured by the Camera Systems and the Axsis
System. Furthermore, Verra Mobility has a right to use non-personalized and aggregated Program data for
its internal business purposes, analytics, statistical analysis, and to perform analyses which would further City’s
Program.
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8. INDEMNIFICATION AND LIABILITY:
8.1 Verra Mobility shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all third-party claims, injuries, damages, losses or suits including attorney fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the acts, errors, or omissions of the City.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination
of this Agreement.
8.2 Indemnification Procedures. In the event of any Claim in respect of which any party hereto seeks
indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the
party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim
promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure to give
such notice shall not preclude indemnification with respect to such Claim except to the extent of any
additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying
Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim and no party
shall have the right to enter into any settlement agreement that materially affects the other party's material
rights or material interests without such party's prior written consent, which consent shall not be
unreasonably withheld or delayed.
9. INSURANCE:
Verra Mobility shall maintain the following minimum scope and limits of insurance:
9.1 Commercial General Liability Insurance: of $5,000,000 per occurrence, $5,000,000 general aggregate.
9.2 Technology Errors & Omissions (E&O): $1,000,000 per claim and $1,000,000 policy aggregate limit.
9.3 Network Security (Cyber) and Privacy Insurance: $2,000.000 per claim $2,000,000 policy aggregate for
network security and privacy coverage, $100,000 per claim for regulatory action (fines and penalties),
and $100,000 per claim for event management services.
9.4 Workers’ Compensation as required by applicable state law.
9.5 Business Automobile Liability Insurance for all owned, non-owned and hired automobiles and other
vehicles used by Verra Mobility with a minimum $1,000,000 per occurrence combined single limit
bodily injury and property damage.
9.6 City shall be named as additional insured on the Commercial General Liability policies using ISO Form
G20 26 07/04 or coverage at least as broad provided by Verra Mobility under this Agreement.
9.7 Certificates of Insurance showing Verra Mobility is carrying the above-described insurance, and
amendatory endorsements, evidencing the additional insured status required above, shall be furnished
to City within thirty (30) calendar days after the Effective Date of this Agreement.
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9.8 Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other,
by reason of any representation or express or implied warranty, condition or other term or any duty at
common or civil law, for any indirect, incidental, special, or consequential damages, or lost profits, lost
fines, or lost data however caused and on any theory of liability, arising out of or relating to this
Agreement.
10. LIMITED WARRANTY:
Except as expressly provided in this Agreement and Verra Mobility’s response to City’s invitation to bid, Verra
Mobility makes no warranties of any kind, express or implied, including, but not limited to, the warranties of
merchantability and fitness for particular purpose, with respect to the Camera Systems, the Axsis system, or
any related equipment or software, or with respect to the results of the program. The City acknowledges that
at times such systems and related equipment and software may malfunction or otherwise not operate as
anticipated. Verra mobility shall diligently endeavor to correct any such malfunction as required in Subsection
1.1.9 of Exhibit B of this Agreement.
11. STATE LAW TO APPLY: This Agreement shall be construed under and in accordance with the laws of
the State of Washington.
12. DISPUTE RESOLUTION:
12.1 Mediation. All disputes arising out of or in connection with the Agreement that the parties are unable
to resolve through mutual good faith negotiations shall be attempted to be settled through
professionally-assisted mediation, with a mediator acceptable to both parties. The mediation will be
treated as a settlement discussion and therefore will be confidential, except to the extent that RCW
42.56 may apply. The mediator may not testify for either party in any later proceeding relating to the
dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear
its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the
parties.
12.2 Arbitration. Failing resolution through negotiation or mediation, dispute shall be submitted to binding
arbitration in accordance with the Arbitration Rules for Professional Accounting and Related Services
Disputes of the American Arbitration Association (“AAA Rules”), as the parties agree. The place of
arbitration will be mutually agreed upon within fourteen (14) days of a decision to seek arbitration.
12.3 In an agreed arbitration, the arbitrator’s decision shall follow the plain and natural meaning of the
relevant documents and shall be final and binding. The arbitrator will have no power to award punitive
damages except as specifically allowed by Washington law.
12.4 Except as RCW 42.56 may apply, all aspects of the arbitration will be confidential. Neither the parties
nor the arbitrator may disclose the existence, content or results of the arbitration, except as may be
necessary to comply with legal or regulatory requirements.
12.5 Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and
costs shall be recoverable by the prevailing party as determined by the arbitrator. If a party fails to pay
such share promptly upon demand, the arbitrator shall, upon written request by the other party, enter
a final and binding decision against the nonpaying party for the full amount of such share, together
with an award of attorneys’ fees and costs incurred by the other party in obtaining such decision, which
decision may be entered in any court of competent jurisdiction. Except for the failure of a party to
pay arbitration fees and costs that requires resort to the arbitrator to order such payment, the parties
will bear their own attorneys’ fees in any matter or dispute under this Agreement.
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12.6 Failing an agreement to arbitration, the parties may seek resolution of any remaining dispute by filing
an action in a court of competent jurisdiction. This Agreement shall be interpreted and enforced in
accordance with the laws of the State of Washington. Venue for any action under this Agreement shall
be in King County, Washington.
13. CHANGE ORDERS:
City may request the addition of any products or services that Verra Mobility provides or other changes to
the scope of work to be performed under this Agreement by providing a Change Order Notice to Verra
Mobility. Upon Verra Mobility’s receipt of the Change Order Notice, Verra Mobility shall deliver to City a
Change Order Proposal. Following City’s receipt of the Change Order Proposal, the parties shall negotiate
in good faith regarding a plan and schedule for implementation of the proposed changes; the time, manner
and amount of payment or price and any other matters relating to the proposed changes. Any Change Order
Proposal mutually agreed to by the parties in writing shall be incorporated as an addendum to this Agreement.
14. TERMINATION:
14.1 Verra Mobility’s services may be terminated:
(i) By mutual written consent of the parties; or
(ii) For material breach of this Agreement by either party, where the other party fails in any material
way to perform its obligations under this Agreement.
a) Where City is in breach of this Agreement for non-payment of Fees to Verra Mobility,
Verra Mobility may exercise any or all of the following remedies: (1) provide City written
notice and thirty (30) days to cure before suspending performance and turning off the
Camera Systems; (2) terminate this Agreement for cause where City’s account remains
delinquent ninety (90) days after written notice; and (3) in addition to the foregoing, seek
any other available remedies at law or equity.
b) Termination under this Subsection 14.1(ii) for any reason other than non-payment of Fees
by City is subject to the condition that the terminating party notifies the other party of its
intent to terminate, stating with reasonable specificity the grounds therefore, and the other
party fails to cure the default within forty-five (45) days after receiving written notice.
(iii) In the event of termination by Verra Mobility under Subsection 14.1(ii) for breach by City
(including non-payment of Fees), City shall pay Verra Mobility an early termination fee based on
a price of $105,000 per Fixed Speed Safety Camera System, amortized over sixty (60) months on
a straight-line basis. The amortization schedule for said costs shall be reduced proportionally for
each month each Camera System is installed.
(iv) City recognizes the substantial upfront costs Verra Mobility will incur to procure, provide and
install Camera Systems. City therefore agrees that any Camera Systems that City authorizes
through a Notice to Proceed shall remain installed and operational for the duration of the term,
unless otherwise mutually agreed. Verra Mobility will bill a restocking or standby fee for any
upfront costs associated with the Camera System(s), vehicle(s), or other equipment in the event
City terminates or suspends a Notice to Proceed.
14.2 Upon termination of this Agreement, including because it has reached the end of its term, the parties
recognize that City will have to process Events captured prior to the end of the term of the
Agreement”. Accordingly, the parties shall take the following actions and shall have the following
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obligations, which survive termination during the wind-down period as provided in Subsections
14.2(ii), 1.2(iii) and Section 178 of this Agreement:
(i) City shall cease using the Camera System to capture Events.
(ii) Unless it is unlawful to do so, Verra Mobility will, for a period of ninety (90) days, continue to
process all Events captured before termination and provide all services associated with processing
in accordance with this Agreement and shall be entitled to a monthly flat fee of $10,000 per month
during the ninety (90) day period. After such ninety (90) day period, Verra Mobility will terminate
all use of the Axsis System for City’s Program and upon such termination the City shall no longer
have access to the Axsis System, including violationinfo.com website, and related lockbox shall no
longer be capable of accepting payments, and all violation data shall be provided to the City
pursuant to section 17 of this Agreement.
(iii) City shall return or allow Verra Mobility to recover all provided equipment within a reasonable
time not to exceed ninety (90) days.
14.3 In the event of termination by Verra Mobility for non-payment of Fees by City, Verra Mobility shall
cease processing Events as of the date of termination.
15. LIMITED AGENCY:
City hereby grants Verra Mobility the authority to act on its behalf as a limited agent of City, and shall cause
the applicable law enforcement agency to grant Verra Mobility the authority to act as a limited agent of the
law enforcement agency, for the purposes of (i) facilitating establishment and maintaining bank accounts and
delivering payment/transfer instructions, if applicable; (ii) access to DMV records; and (iii) generating and
administratively processing recorded images of Events as described in this Agreement and the Business Rules.
Verra Mobility and its employees, contractors, agents and servants will in no event be considered to be
employees, agents (other than in the limited capacity described herein), or servants of City. This Agreement
does not and shall not be interpreted as creating a general agency relationship between Verra Mobility and
City.
16. USE OF SUBCONTRACTORS:
From time to time, Verra Mobility may subcontract certain services provided under this Agreement without
notice to or consent of City.
17. DATA RETENTION:
Subject to litigation holds, court orders, changes in Law, or other legal requirements applicable to Verra
Mobility, Verra Mobility shall maintain the categories of data set forth under the heading “Type of Record”
for the periods of time set forth under the heading “Minimum Verra Mobility Retention Period” on
EXHIBIT E during the term of this Agreement. Within one hundred-twenty (120) days of the later of the
termination of this Agreement or the termination of any wind-down period, Verra Mobility shall at its option
either (i) place the Violation Images, Non-Violation Images, Individually Identifiable Violation Records, and
Individually Identifiable Non-Violation Records (each as described on EXHIBIT E), not previously disposed
of in accordance with the data retention schedule at a secured location with SFTP access or (ii) provide City
with a hard-drive containing the Violation Images, Non-Violation Images, Individually Identifiable Violation
Records, and Individually Identifiable Non-Violation Records, where City shall have ninety (90) days to
retrieve and validate the information. After ninety (90) days, Verra Mobility shall delete all data from the
SFTP location (if applicable) and shall have no further data retention obligations to City with respect to such
data.
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18. ASSIGNMENT:
Neither party may assign all or any portion of this Agreement without the prior written consent of the other,
which consent shall not be unreasonably withheld or delayed. However, for business financing purposes or
other corporate reorganizational purposes, Verra Mobility may sell, assign, transfer or convey any interest in
this Agreement in whole or in part without the written consent of City.
19. FORCE MAJEURE:
Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay
in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence.
Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires,
floods, earthquakes, hurricanes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe
weather, or governmental authorities approval delays which are not caused by any act or omission by the parties.
The party whose performance is affected agrees to notify the other promptly of the existence and nature of any
delay. For the avoidance of doubt, road construction within the control of the City is not an event of Force Majeure
on behalf of the City. The term of the Agreement shall be extended by a period equal to that during which either
party’s performance is suspended under this section.
20. TAXES:
Verra Mobility’s work under this Agreement and performance of this Agreement may subject Verra Mobility to
Customer imposed taxes as provided in Customer’s City Code and/or ordinances. Should a dispute over
Customer imposed taxes arise during the term of this Agreement, the parties shall negotiate in good faith to
equitably resolve it pursuant to paragraph 13 of this agreement. During the term of this Agreement, Customer
will impose no additional taxes except as permitted by its taxing authority provided by law.
21. NOTICES:
Any notices or demand which, under the terms of this Agreement or under any statute, that must or may be
given or made by Verra Mobility or City shall be in writing and shall be given or made by personal service,
first class mail, Federal Express, or by certified mail to the parties at the following addresses:
City of Auburn American Traffic Solutions, Inc.
25 West Main Street 1150 North Alma School Road
Auburn, WA 98001 Mesa, Arizona 85201
Attn: Public Works-Engineering Attn: Legal Department
22. LEGAL CONSTRUCTION:
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had not been contained herein. This Agreement shall be enforced to the maximum extent possible
so as to give effect to the intent of the parties and shall be reformed without further action by the parties to the
extent necessary to make such provision valid and enforceable herein.
23. AMENDMENTS TO THE AGREEMENT:
Any changes, modifications or amendments to this Agreement shall be in writing and signed by both parties.
24. INTEGRATION:
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This Agreement constitutes the sole and only agreement of the parties and supersedes any prior or
contemporaneous understanding, written or oral, between the parties respecting its subject matter.
25. SURVIVAL:
The following provisions of the General Terms and Conditions shall survive the termination of this
Agreement: Sections 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22 and this Section 25.
26. ADDITIONAL SERVICES:
During the term of this Agreement, from time-to-time Verra Mobility may propose certain new technologies
for City to consider and, if so desired, City may procure from Verra Mobility the new technologies through an
amendment to this Agreement upon terms to be mutually agreed upon by the parties.
27. PILOTS:
From time to time, at the mutual agreement of the parties, Verra Mobility may pilot existing Verra Mobility
products and services or products and services that are under development by Verra Mobility or its current or
future subcontractors and vendors (each a “Vendor”). During any pilot pursuant to this Section 27, registered
owner information shall not be used and no Events will be issued as Citations and no mailing of warnings or
Citations will occur. City expressly acknowledges that Verra Mobility is under no obligation to retain for any
period of time any data produced by any pilot systems. Verra Mobility may request City or its employees to
provide feedback on the use, quality, viability, features, functionality, or desirability of pilot systems (“City
Feedback”). All data, drawings, plans, specifications, blueprints, studies, reports, memoranda, computation
sheets, computer files and media or other documents prepared or generated by Verra Mobility or a Vendor or
a pilot systems in connection with any pilot shall remain the property of Verra Mobility (the “Pilot Data”). To
the extent that such Pilot Data is provided to City, Verra Mobility grants to City a limited, personal, non-
sublicensable, nonexclusive license to use the Pilot Data, solely for evaluation and statistical purposes, or to
fulfill City’s legal requirements under RCW 42.56. Actual program performance may vary from pilot
performance. City acknowledges and agrees that the terms of this Agreement, except for Sections 6, 7, 10, 11,
12, 13, 16, 19, 21, 22 and this Section 27, shall not apply to any such pilot.
28. EXECUTION:
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original
copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the
same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or “.pdf”
transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be
used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or
“.pdf” shall be deemed to be their original signatures for any purpose whatsoever.
AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF AUBURN
By:
By:
Name:
Title:
Date Name:
Title:
Date
ATTEST:
By:
Name:
Title:
Date
This Agreement is effective on the date of execution by the last signatory above (“Effective Date”).
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EXHIBIT A
SERVICE FEE SCHEDULE
1.0
Description of Pricing
Fees are based on per Camera System per month and are as follows:
Product Description
Fees
Fixed Speed Safety Camera System – the Parties shall mutually agree on the
number of Cameras Systems installed. Monthly fee is required to be paid for
each month that schools are open, exempting periods such as summer
break and unforeseen events. The fee will be prorated during times when
the camera is not operational.
$3,999 Fixed Fee per Camera
System per Month
Relocation - Verra Mobility will relocate up to ten (10) percent of the total
installed Camera Systems once per year at no cost to the City. At no cost to the
City, the City may require Verra Mobility to permanently remove or temporarily
relocate a Camera System at enforcement locations where the Camera System is
in conflict with existing or new public facilities. Verra Mobility will remove or
relocate the conflicting Camera System within 60 calendar days from notice by
the City.
Verra Mobility will work with the contractor(s) responsible for the work on the
existing or new public facilities to ensure relocation is incorporated into the
design and the contractor(s) know and have agreed to pay for the relocation.
Prior to approving a location for installation of a Camera System the City shall
inform Verra Mobility of any foreseeable public facility work that may cause a
conflict with the Camera System to allow for the parties to determine if an
alternative location should be found for installation of the Camera System.
To the extent that City elects to have Verra Mobility relocate a Camera System
more often than as referenced above, the parties must agree on the relocation
costs City shall reimburse Verra Mobility prior to the relocation taking place, and
if said reimbursement costs are not agreed to, then the Camera System shall
remain in place during the duration of the Agreement.
Subsequent Notices Mailing Fee – For any additional notices sent by first
class mail required by the City or required by law in excess of the standard set
of notices as described in Subsection 1.2.3 of EXHIBIT B, Verra Mobility will
charge the City a Subsequent Notices Mailing Fee.
$2.00 per page per notice
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EXHIBIT B
SCOPE OF WORK
1. VERRA MOBILITY SCOPE OF WORK
1.1 VERRA MOBILITY IMPLEMENTATION
1.1.1 Verra Mobility agrees to provide Camera System(s), use of the Axsis System and related
services to City as outlined in this Agreement, excluding those items identified in Section 2
titled “City Scope of Work”. Verra Mobility and City understand and agree that new or
previously unforeseen requirements may, from time to time, be identified and that the parties
shall negotiate in good faith to assign the proper party the responsibility and cost for such
items. In general, if work is to be performed by City, unless otherwise specified, City shall not
charge Verra Mobility for the cost.
1.1.2 City and Verra Mobility will complete the Project Time Line within thirty (30) days of
Agreement execution date, unless mutually agreed to otherwise by the parties. Verra Mobility
agrees to make every effort to adhere to the Project Time Line.
1.1.3 Prior to installing or deploying a Camera System, Verra Mobility may conduct a statistical
analysis of each Approach being considered for a Camera System or Camera Systems (“Site
Selection Analysis”) to assist City in determining which Approaches will be the most beneficial
to City in pursuit of its traffic safety and enforcement goals. Considerations may include
collision history, community safety, police department staff review and engineering and
construction feasibility assessment. Camera System deployment and installations will be based
on mutual agreement by City and Verra Mobility. Verra Mobility makes no representations or
warranties that any Violation rate estimates will be predictive of actual future traffic Violation
rates.
1.1.4 Verra Mobility will install or deploy Camera System(s) at a number of Approaches to be
mutually agreed upon between Verra Mobility and City after completion of Site Selection
Analysis and as reflected in a written Notice to Proceed. In addition to any initial installation
or deployment of Camera Systems the parties may mutually agree to add additional Camera
System(s) or Approaches, which shall also be reflected in a written Notice to Proceed as set
forth in EXHIBIT C.
1.1.5 Verra Mobility will operate each Camera System on a 24-hour basis, barring downtime for
maintenance, normal servicing activities, or other unforeseen instances, unless enforcement
times are restricted by law, such as in school zones.
1.1.6 Verra Mobility’s Communications Department will assist City with public information content
and outreach campaign strategies.
1.1.7 Verra Mobility agrees to provide a secure website (www.violationinfo.com) accessible to
Owners/violators who have received notices of violation by means of a Notice # and PIN,
which will allow Violation image and video viewing. Verra Mobility shall include a link to the
payment website(s) and may offer the opportunity to download an affidavit of non-liability
online. Verra Mobility will operate this secure website on a 24-hour basis, barring downtime
for maintenance, normal servicing activities, or other unforeseen instances.
1.1.8 Verra Mobility will provide technician site visits to each Camera System, as needed, to perform
maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and
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controller enclosure cleaning; inspection of exposed wires; and, general system inspections
and maintenance.
1.1.9 Verra Mobility shall take commercially reasonable best efforts to repair a non-functional
System within seventy-two (72) hours (excluding weekends and holidays) of determination of
a malfunction.
1.1.10 If City is using Verra Mobility facilitated lockbox or epayment services, City shall provide
Verra Mobility and the applicable payment processor with the items set forth in Section 2.1.5
below.
1.1.11 If applicable, Verra Mobility is authorized to charge, collect and retain a service/convenience
fee of up to the greater of $5.00 or to 5% of the total payment, for each payment processed
through the web, call center, IVR, or other electronic means. Such fee is paid by the payor
and retained by Verra Mobility.
1.2 VERRA MOBILITY OPERATIONS
1.2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of
this Agreement and the City’s Business Rules.
1.2.2 During the 30-day warning period, Verra Mobility shall provide City with a one-time warning
period up to thirty (30) days in length following the installation and activation of the first
installed Camera System. City shall not be charged a fee for the warning period; however for
any warning period exceeding thirty (30) days City shall be responsible for the normal monthly
Fee.
1.2.3 Verra Mobility shall provide City with access to the Axsis System, including image processing,
first notice printing and mailing per Violation and insufficient information letter for a transfer
of liability affidavit. In the case of a transfer of liability by the Owner, the Axsis System shall
be setup to mail a Citation to the driver identified in the affidavit of non-liability or identified
by a rental car company. All mailings of notices are by first class mail.
1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first
class or other mail means for additional compensation to Verra Mobility as agreed upon by
the parties.
1.2.5 Verra Mobility shall apply an electronic signature, name, or badge number to the Citation as
authorized in the City’s Business Rules.
1.2.6 Verra Mobility may make non-substantive formatting or incidental changes to the Citation
form without approval by City.
1.2.7 Verra Mobility shall seek records from vehicle registration databases reasonably accessible to
Verra Mobility through its limited agent relationship with City and use such records to assist
City in processing Citations. Verra Mobility may mail Citations to the address of the Owner
obtained through the DMV, obtained through the National Change of Address (NCOA)
database provided by the United States Postal Service, or obtained through other means
including but not limited to skip tracing. Verra Mobility reserves the right to pass-through to
City any cost increases imposed on Verra Mobility by DMV data sources.
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1.2.8 The Axsis System shall provide City with the ability to run and print standard system reports.
Verra Mobility provides a suite of standard program reporting at no charge to clients with
active Programs. Upon notice to City, Verra Mobility reserves the right to modify the suite of
standard program reporting available to City, so long as such change applies generally to
customers with similar programs. Customized reporting services are available upon written
request. The fee for such services shall be mutually agreed upon.
1.2.9 During the twelve (12) month period following the installation or deployment of the first
Camera System, upon Verra Mobility’s receipt of a written request from City at least fourteen
(14) calendar days in advance of a court proceeding, and if required by the court or prosecutor,
Verra Mobility shall provide City with or train a local expert witness to testify in court on
matters relating to the accuracy, technical operations, and effectiveness of the Camera System
or the Axsis System until judicial notice is taken. City shall use its best efforts to obtain judicial
notice as soon as possible. If a Verra Mobility expert witness is required more than two (2)
times during the twelve (12) month period, City shall reimburse Verra Mobility for any
reasonable time and travel costs incurred for the additional dates.
1.2.10 In those instances where damage to a System (or sensors where applicable) is caused by (i)
negligence on the part of Verra Mobility or its authorized agent(s), Verra Mobility shall bear
the cost of repair or (ii) negligence or recklessness on the part of a driver or severe weather or
other Force Majeure events, Verra Mobility shall bear the cost of repair. For all other causes
of damage, including road construction, City negligence, etc. City shall reimburse Verra
Mobility for the cost of repair.
1.2.11 Verra Mobility shall provide a help-line to assist City with resolving any problems encountered
regarding its Camera System and/or the Axsis System. The help-line shall function during
Business Hours.
2. CUSTOMER SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 Within seven (7) business days of the Effective Date of this Agreement, Verra Mobility shall
provide City with the name, title and contact information of a Project Manager to coordinate
Verra Mobility responsibilities under this Agreement and City shall have the right to request a
change in the Project Manager upon written notice to Verra Mobility and if such request for
a change is made in good faith Verra Mobility shall have thirty (30) days to provide the City
with the name and contact information of a new Project Manager. City shall have the
opportunity to review and approve or reject any Verra Mobility staff that will be the primary
liaison(s) between Verra Mobility and the City.
2.1.2 Within seven (7) business days of the Effective Date of this Agreement, City shall provide
Verra Mobility with the name, title, mailing address, email address and phone number of all
City stakeholders, including:
o A project manager with authority to coordinate City responsibilities under this
Agreement;
o Court manager responsible for oversight of all Court-related program requirements;
o The police contact;
o The court contact;
o The prosecuting Attorney;
o The City Attorney;
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o The finance contact (who receives the invoices and will be in charge of reconciliation);
o The IT person for the police;
o The IT person for the courts;
o The public works and/or engineering contact responsible for issuing any/all permits for
construction; and
2.1.3 City and Verra Mobility shall complete the Project Time Line within thirty (30) calendar days
of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties.
City shall make every effort to adhere to the Project Time Line.
2.1.4 As requested from time to time by City, Verra Mobility will provide City with a mock-up of
the Citation and other notices within fifteen (15) days. City shall review the Citation and other
notices to ensure conformity with the Laws applicable to City. Verra Mobility shall not
implement changes to the Citation or other notices without City’s prior review and sign-off.
2.1.5 City shall designate a City account for deposit / settlement of funds paid by payors. Within
seven (7) business days of receipt by City, City shall provide Verra Mobility completed banking
forms, which may include among others a participation agreement and submerchant
agreement with the payment processor as well as a bank verification letter prepared by the
City’s settlement account’s bank, and a Form W-9, Request for Taxpayer Identification
Number and Certification.
2.1.6 City shall direct the law enforcement agency to execute the Verra Mobility DMV Services
Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide
verification to the National Law Enforcement Telecommunications System (NLETS), State
Department of Motor Vehicles, or appropriate authority indicating that Verra Mobility is
acting on behalf of the City for the purposes of accessing vehicle ownership data pursuant to
the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721,
Section (b)(1) and as may otherwise be provided or required by any provision of applicable
state law. In addition to the Verra Mobility DMV Services Subscriber Authorization, City shall
execute agreements or applications as requested by Verra Mobility with departments of motor
vehicle to provide Verra Mobility with access to motor vehicle data
2.1.7 City shall prepare, execute, update, and maintain the Business Rules for implementation and
operation of the Program. City’s failure to timely prepare the Business Rules may impact the
Project Time Line. Verra Mobility shall not be liable for City’s failure to update and maintain
the Business Rules.
2.1.8 City is responsible for notifying Verra Mobility of any local legislative and/or ordinance
changes in writing within forty-eight (48) hours of the first read of the proposed legislation.
Verra Mobility will not be responsible for complying with any change in applicable local law,
until such time as Verra Mobility has been notified by City in writing of the change in Law.
2.1.9 City is responsible for all final jurisdictional issues, including but not limited to as they pertain
to issuance of Citations, adjudication of Violations, and intergovernmental authorities.
2.1.10 Once a Notice to Proceed is granted to Verra Mobility in writing, City shall not issue a stop
work order to suspend activity on the implementation process, unless City reimburses Verra
Mobility for costs incurred up to the date the stop work order is issued.
2.1.11 City will comply with all applicable Laws relating to its conduct with respect to the Program,
and City shall not use the Camera Systems or Axsis for any purpose not permitted by Law.
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2.1.12 Once a Camera System is installed and certified by Verra Mobility as operational, it shall be
immediately put into service. The first 30 days of service will be the warning period, during
which Verra Mobility will issue warnings at no cost to the City.
2.1.13 City shall process each Event in accordance with state law and/or municipality ordinances
within five (5) business days of its appearance in the law enforcement review queue, using
Axsis to determine which Events constitute Violations that will be issued as Citations. In the
event that City fails to process Events within this timeframe, Verra Mobility shall not be liable
for failure of the Axsis System to allow City to issue a notice or Citation within statutory
timeframes.
2.1.14 In the event that remote access to the Axsis System is blocked by City network security
infrastructure, City’s Department of Information Technology shall coordinate with Verra
Mobility to facilitate appropriate communications while maintaining required security
measures. Verra Mobility shall inform the City of any changes that may lead to such issue
ahead of time, and coordinate with the City to prevent any access problems.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 All Camera Systems are intended to remain installed for the term of the Agreement. Any
relocations shall be handled pursuant to the requirements in section 1.0 of Exhibit A.
2.2.2 If a construction or improvement project requires an installed or deployed Camera System to
be deactivated or requires a Camera System, including imbedded sensors, to be moved or
removed, City shall provide notice of such work to Verra Mobility and the fees shall be
prorated for the time period the camera(s) are disabled.
2.2.3 Prior to the installation of any System, City shall provide Verra Mobility information regarding
known road construction or improvement projects scheduled during the term of this
Agreement for any Approach designated for System installation. In addition, within thirty (30)
days of becoming aware of anticipated construction that may result in the deactivation or
removal of a System or otherwise impact an Approach during the term of this Agreement,
City shall notify Verra Mobility of any such construction. In the event of emergency projects,
the City shall notify Verra Mobility of such events.
2.2.4 City will design, fabricate, install and maintain camera warning signs required by Law for
purposes of operating the Program. If City cannot provide such signage Verra Mobility will
do so and City shall reimburse Verra Mobility for the costs of signs and installation of the
signs. City shall at all times be responsible for the maintenance of the installed warning signs.
2.2.5 City understands that proper operation of the System may require access and connection to
the school zone flashing beacons. City, therefore, shall provide access or assist Verra Mobility
with obtaining access to the school zone flashing beacon according to approved design. When
school zone flashing beacons are not under the jurisdiction of City, the City shall assist Verra
Mobility with obtaining any necessary agreements with the owner or maintaining agency of
the school zone flashing beacon and infrastructure in order to provide the required access to
said school zone flashing beacon and infrastructure.
2.2.6 Verra Mobility installation and removal plans shall be approved by a licensed professional
engineer and such deliverables shall conform to Auburn City Code requirements and the City
of Auburn Engineering Design and Construction Standards.
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2.2.7 City shall allow Verra Mobility to build needed infrastructure into existing City-owned road
easement.
2.3 COURTS OPERATIONS
2.3.1 City is responsible for contracting or otherwise engaging the King County Court for the
adjudication of Citations in accordance with all applicable Laws,
2.3.2 City shall be responsible for ensuring the King County Court provides a judge or hearing
officer and court facilities to schedule and hear disputed Citations.
2.3.3 City, or the King County Court at the direction of City, shall handle inbound and outbound
phone calls and correspondence from defendants who have questions about disputes and
other issues relating to Citation adjudication. City or the King County Court may refer citizens
with questions regarding the Camera System technology and processes to websites and/or toll
free telephone numbers provided by Verra Mobility for that purpose.
2.2.1 Verra Mobility shall provide City and appropriate King County Court staff with access to its
online Axsis adjudication processing module which will enable the adjudication function to
review cases, related images, and other related information required to adjudicate disputed
Citations. If instead of using the online adjudication processing module in Axsis City desires
to integrate Verra Mobility data into its adjudication system, subject to feasibility, Verra
Mobility shall provide a court interface. City is responsible for the cost of development of any
such court interface, including any costs charged by a third-party vendor. City, or the King
County Court at the direction of the City, is responsible for entering all final dispositions of
Citations including all payments of Citations into the Axsis System, either directly through the
online adjudication processing module or through the court interface.
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EXHIBIT C
FORM OF NOTICE TO PROCEED
Reference is made to the Professional Services Agreement by and between American Traffic Solutions, Inc.,
doing business as Verra Mobility (“Verra Mobility”) and ______________ (“City”), dated as of [date] (the
“Agreement”). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in
the Agreement.
City hereby designates this implementation of Systems at the Approaches listed below. Verra Mobility shall
make its best efforts to install a System within thirty (30) days of permits being granted and power delivered
for each agreed-upon Approach, providing that City has received permission for all implementations in writing
from any third-party sources.
Below is a list of School Zones provided by City, which have been analyzed based on traffic volumes, road
geometry, existing infrastructure, and equitable distribution of this service based on City direction, and are
believed to be locations at which a System would increase public safety.
Execution of this Notice to Proceed by City shall serve as authorization for the installation of Systems for all
Approaches designated as follows:
Approach (Direction and Roadway) Type of
Enforcement
Camera System Solution
City understands that implementation and installation of any Approach is subject to Site Selection Analysis and
engineering results.
City recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems for
the above listed Approaches. City agrees that the Systems authorized by this Notice to Proceed for the above-
listed Approaches shall remain installed and operational for the duration of the current term of the Agreement,
unless the need for relocation is identified, which is within the scope of this Agreement.
IN WITNESS WHEREOF, City has executed this Notice to Proceed as of the date written below.
[CUSTOMER]
By:
Name:
Title:
Date
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
Name:
Title:
Date
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EXHIBIT D
DMV SERVICES SUBSCRIBER AUTHORIZATION
Agency ORI: _____________
[DATE]
Nlets
1918 W. Whispering Wind Dr.
Phoenix, AZ 85085
Attn: Frank L. Minice, Executive Director/CEO
Re: Authorization for American Traffic Solutions, Inc. to Perform MVD/DMV Inquiry
Dear Mr. Minice:
The Auburn Police Department authorizes the City of Auburn, Washington to use the Auburn Police
Department ORI _____________ for the limited purpose of obtaining vehicle registration through Nlets. This
letter acknowledges that a contract to perform automated enforcement between the City of Auburn and
American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”), is in force. As a
requirement of and in performance of that contract between the City of Auburn and Verra Mobility, it will be
necessary for Verra Mobility to access Nlets for motor vehicle data on our agencies behalf.
Please accept this letter as authorization from the Auburn Police Department for Verra Mobility to run motor
vehicle inquiries for this purpose. This authorization will automatically expire upon the termination of the
contract between the City of Auburn and Verra Mobility; and, such authorization is limited to violations
detected by the automated enforcement camera systems.
By completing the information below and signing this letter, I am stating that I am a member of and have the
authority to extend this authorization on behalf of the Auburn Police Department.
SUBSCRIBER INFORMATION
Subscriber Agency/Name
Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone Fax
Email
Signature of Authorized
Representative
Date Signed
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EXHIBIT E
RETENTION SCHEDULE
[This schedule to be completed by City in conformity with applicable state and local law]
Type of Record Minimum Verra Mobility Retention Period
Violation Images* (including video clips and related
metadata)
90 days from payment or final adjudication
Non-Violation Images (including video clips and
related metadata)**
90 days from Event capture date
Individually Identifiable Violation Records* 90 days from payment or final adjudication
Individually Identifiable Non-Violation Records** 90 days from Event capture date
Audio recording from contact center 90 days from call
Written correspondence with citizens regarding
Violations
1 year from date of correspondence
Maintenance Records 90 days from payment or final adjudication of an
applicable Violation
Other Program Records 1 year from termination of the Agreement
* Violation Image: an image of a Violation issued as a Citation.
Individually Identifiable Violation Records: a record containing individually identifiable information
pertaining to a Violation issued as a Citation.
** Non-Violation Image: an image of an Event not issued as a Citation.
Individually Identifiable Non-Violation Records: a record containing individually identifiable
information pertaining to an Event not issued as a Citation.
*** Retention period is not applicable upon termination of the Agreement and the data is provided to
City pursuant to Section 15 of the Agreement.
This records retention schedule does not apply to any Event data captured by the Camera System,
but not uploaded into Axsis. For the avoidance of doubt, this records retention schedule does not
apply to any records related to any Pilot Data.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5652
Date:
March 2, 2022
Department:
Parks/Art and Recreation
Attachments:
Res olution # 5652
Contract
Budget Impact:
Current Budget: $0
Proposed Revision:
$230,644
Revised Budget: $230,644
Administrativ e Recommendation:
City Council approve Resolution #5652
Background for Motion:
The City of Auburn has previously received these funds in 2021 for a similar program. In
2022, the Parks, Arts and Recreation department will use the funds awarded this year to
provide new recreation services to Auburn residents. The programs include a mobile
recreation program where staff will bring games and activities to different parks in the city.
Anyone will be welcome to come and play. The Auburn Outside program will take children on
outdoor adventures. The scholarship program will cover program fees for families who are
unable to pay for these programs and the normal summer camp programs offered in Auburn.
Background Summary:
The Association of Washington Cities (AWC), as administrator of an OSPI grant program,
awarded the City of Auburn $230,644.00 in grant funds. The City of Auburn Parks and
Recreation Department applied for the funding in order to provide three youth summer
programs: the Rec & Roll Mobile Recreation program, the Auburn Outside program, and a
scholarship program to allow underserved and low-income families to enjoy Parks’ usual slate
of summer recreation and arts programs.
Accepting these grant funds will allow the Parks, Arts and Recreation department to provide
more opportunities for the residents of Auburn. These grant funds target families and children
who have been impacted by the pandemic and/or have experienced systemic barriers to
participation in the past.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Faber
Meeting Date:March 7, 2022 Item Number:RES.C
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--------------------------------
Resolution No. 5652
February 14, 2022
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5652
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE ASSOCIATION OF WASHINGTON
CITIES FOR GRANT FUNDING AND TO EXPEND THE
FUNDS FOR YOUTH SUMMER EXPERIENCE AND
ENRICHMENT PROGRAMS.
WHEREAS, the Association of Washington Cities (AWC), as administrator of an OSPI
grant program, awarded the City of Auburn $230,644.00 in grant funds; and
WHEREAS, the City of Auburn Parks and Recreation Department applied for the funding
in order to provide three youth summer programs: the Rec & Roll Mobile Recreation program,
the Auburn Outside program, and a scholarship program to allow underserved and low-income
families to enjoy Parks’ usual slate of summer recreation and arts programs; and
WHEREAS, to appropriate the funds, AWC requires that Auburn execute a subcontractor
grant agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City of
Auburn and the Association of Washington Cities for $230,644.00 in grant funding, which
agreement will be in substantial conformity with the agreement attached hereto, and to expend the
funds.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
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--------------------------------
Resolution No. 5652
February 14, 2022
Page 2 of 2 Rev. 2020
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
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SEEK Funding Opportunity Subcontractor Funding Agreement
Association of Washington Cities
Service Subcontract (“Subcontract”) with
Auburn Parks, Arts & Recreation
through
Summer Experiences & Enrichment for Kids Fund (SEEK Fund)
A program of the Washington Office of Superintendent of Public Instruction
(OSPI)
For
Jurisdiction Name Auburn Parks, Arts & Recreation
Program Description 1. Rec n' Roll Mobile Recreation Program
2. Auburn Outside
3. Youth Summer Day Camp Scholarship Program
Start date: April 15, 2022
End date: November 15, 2022
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FACE SHEET
1
Subcontract Number: 22-03
Association of Washington Cities (AWC)
Summer Experiences & Enrichment for Kids (SEEK) Fund
The Association of Washington Cities (AWC) is working in collaboration with and generally under the direction from OSPI to
provide evidence-based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this subcontract
are intended to prevent, prepare for, or respond to the COVID-19 pandemic, including its impact on the social, emotional,
mental health, and academic needs of students.
1. Subcontractor 2. Subcontractor Doing Business As (optional)
3. Subcontractor Representative 4. AWC Representative
Jacob Ewing
Legislative Policy Analyst
(360) 753-4137
jacobe@awcnet.org
1076 Franklin Street SE
Olympia, WA
98501
5. Subcontract Amount 6. Start Date 7. End Date 8. Tax ID #
$230644 April 15, 2022 November 15, 2022
9. Subcontract Purpose
Carry out summer activities under the OSPI SEEK program as described in Attachment A.
AWC and the Subcontractor, as defined above, acknowledge and accept the terms of this Subcontract and attachments and have
executed this Subcontract on the date below to start as of the date and year referenced above. The rights and obligations of both
parties to this Subcontract are governed by this Subcontract and the following other documents incorporated by reference:
Subcontractor General Terms and Conditions including Attachment “A” – SEEK Application/Scope of Work; Attachment “B” – Project
Costs Worksheet; Attachment “C” – Subcontractor Data Collection; Attachment (D) – Subcontractor Agent(s); Attachment E -
Proclamation 21-14 COVID-19 Vaccination Certification.
FOR SUBCONTRACTOR FOR Association of Washington Cities
Date
Date
Last revision 11/23/2021
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1. SUBCONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the Subcontract
contact person for all communications and billings regarding the performance of this Subcontract.
The Representative for AWC and their contact information are identified on the Face Sheet of this
Subcontract.
The Representative for the Subcontractor and their contact information are identified on the Face
Sheet of this Subcontract.
2. PAYMENT
AWC shall pay an amount not to exceed $230644 for the performance of all things necessary for or
incidental to the performance of work as set forth in the SEEK Application and described in
Attachment A. Subcontractor's compensation for services rendered shall be based on the completion
of duties as outlined in the SEEK application, in Attachment A, in accordance with the following
sections.
3. BILLING PROCEDURES AND PAYMENT
AWC will reimburse Subcontractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for AWC not more often than
monthly. Subcontractor will use the invoice form provided by AWC to request reimbursement.
The invoices shall describe and document, to AWC's satisfaction, a description of the work performed,
the progress of the project, and fees. The invoice shall include the Subcontract Number 22-03. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
If errors are found in the submitted invoice or supporting documents, AWC will notify the
Subcontractor to make corrections in a timely manner, resubmit the invoice and/or supporting
documentation as requested, and notify AWC.
Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Subcontractor.
AWC may, in its sole discretion, terminate the Subcontract or withhold payments claimed by the
Subcontractor for services rendered if the Subcontractor fails to satisfactorily comply with any term
or condition of this Subcontract.
No payments in advance or in anticipation of services or supplies to be provided under this
Subcontract shall be made by AWC.
Duplication of Billed Costs
The Subcontractor shall not bill AWC for services performed under this Subcontract, and AWC shall
not pay the Subcontractor, if the Subcontractor is entitled to payment or has been or will be paid by
any other source, including grants, for that service. This does not include fees charged for summer
recreation programs.
Disallowed Costs
The Subcontractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
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Final Reimbursement and Reporting Deadline
When the project is completed the Subcontractor must submit a final invoice, final report, and
supporting documents needed to close out the project no later than October 1, 2022.
AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final
reporting from the Subcontractor has been submitted and verified.
4. SUBCONTRACTOR DATA COLLECTION/REPORTING REQUIREMENTS
Subcontractor will submit reports, in a form and format to be provided by AWC (See Attachment C).
Data must be provided to AWC along with final billing.
5. AGENT(S)
Agent(s) in this contract refers to any third-party entity and its employees that the Subcontractor has
subcontracted with to provide services funded through this agreement. The Subcontractor is
responsible for ensuring that any agent complies with the provision herein.
Any of the Subcontractor’s agent(s) that will provide director supervision of youth through programs
funded by this contract must be listed in Attachment D – Subcontractor Agent(s) and must provide
proof of insurance per Section 6 of this document.
6. INSURANCE
a. Workers’ Compensation Coverage. The Subcontractor shall at all times comply with all applicable
workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and
regulations to the fullest extent applicable. This requirement includes the purchase of industrial
insurance coverage for the Subcontractor’s employees, as may now hereafter be required of an
“employer” as defined in Title 51 RCW. Such workers’ compensation and occupational disease
requirements shall include coverage for all employees of the Subcontractor, and for all employees of
any subcontract retained by the Subcontractor, suffering bodily injury (including death) by accident
or disease, which arises out of or in connection with the performance of this Subcontract. Satisfaction
of these requirements shall include, but shall not be limited to:
i. Full participation in any required governmental occupational injury and/or
disease insurance program, to the extent participation in such a program is
mandatory in any jurisdiction;
ii. Purchase workers’ compensation and occupational disease insurance benefits to
employees in full compliance with all applicable laws, statutes, and regulations,
but only to the extent such coverage is not provided under mandatory
governmental program in “a” above, and/or;
iii. Maintenance of a legally permitted and governmentally approved program of
self-insurance for workers’ compensation and occupational disease.
Except to the extent prohibited by law, the program of the Subcontractor’s compliance with workers’
compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall
provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees.
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If the Subcontractor, or any agent retained by the Subcontractor, fails to effect and maintain a
program of compliance with applicable workers’ compensation and occupational disease laws,
statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such
employees, to obtain coverage for such employees, the Contractor will indemnify AWC for such fines,
payment of benefits to Subcontractor or Subcontractor employees or their heirs or legal
representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount
owed AWC by the Subcontractor pursuant to the indemnity may be deducted from any payments
owed by AWC to the Subcontractor for the performance of this Subcontract.
b. Automobile Insurance. In the event that services delivered pursuant to this Subcontract involve
the use of vehicles, owned or operated by the Subcontractor, automobile liability insurance shall be
required. The minimum limit for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
c. Business Automobile Insurance. In the event that services performed under this Subcontract
involve the use of vehicles or the transportation of clients, automobile liability insurance shall be
required. If Subcontractor-owned personal vehicles are used, a Business Automobile policy
covering a minimum Code 2 “owned autos only” must be secured. If the Subcontractor’s
employees’ vehicles are used, the Subcontractor must also include under the Business
Automobile policy Code 9, coverage for “non-owned autos.” The minimum limits for automobile
liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
d. Public Liability Insurance (General Liability). The Subcontractor shall at all times during the term
of this Subcontract, at its cost and expense, carry and maintain general public liability insurance,
including contractual liability, against claims for bodily injury, personal injury, death, or property
damage occurring or arising out of services provided under this Subcontract. This insurance shall
cover such claims as may be caused by any act, omission, or negligence of the Subcontractor or
its officers, agents, representatives, assigns or servants. The limits of liability insurance, which
may be increased from time to time as deemed necessary by AWC, with the approval of the
Subcontractor (which shall not be unreasonably withheld), shall not be less than as follows:
Each Occurrence $1,000,000
Products-Completed Operations Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Fire Damage Limit (any one fire) $ 50,000
e. Local Governments that Participate in a Self-Insurance Program.
Alternatively, Subcontractors may maintain a program of self-insurance or participate in
aproperty/liability pool with adequate limits to comply with the Subcontract insurance
requirements or as is customary to the contractor or subcontractor’s business,
operations/industry, and the performance of its respective obligations under this Subcontract.
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f. Additional Insured. The Office of Superintendent of Public Instruction, and the Association of
Washington Cities, shall be specifically named as an additional insured on all policies, including
Public Liability and Business Automobile, except for liability insurance on privately-owned
vehicles, and all policies shall be primary to any other valid and collectible insurance.
AWC and OSPI may waive the requirement to be specially named as an additional insured on
policies, including Public Liability and Business Automobile, provided that the Subcontractor
provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of
coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the
Office of Risk Management and Local Government Self Insurance Program, the Washington
State Auditor’s reporting requirements and all related federal and state regulations.
Subcontractors participating in a joint risk pool shall maintain sufficient documentation to support
the aggregate claim liability information reported on the balance sheet. The AWC and OPSI, its
agents, and employees need not be named as additional insured under a self -insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence,
terms and conditions of all insurance required above shall be delivered to AWC within five (5)
days of the Subcontractor’s receipt of Authorization to Proceed.
h. General Insurance Requirements. Subcontractor shall, at all times during the term of the
Subcontract and at its cost and expense, buy and maintain insurance of the types and amounts
listed above. Failure to buy and maintain the required insurance may result in the termination of
the Subcontract at AWC’s option. By requiring insurance herein, AWC does not represent that
coverage and limits will be adequate to protect Subcontractor and such coverage and limits shall
not limit Subcontractor’s liability under the indemnities and reimbursements granted to AWC in
this Subcontract.
Subcontractor shall include all agents of the Subcontractor as insureds under all required
insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s)
must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply
with insurance requirements does not limit Subcontractor’s liability or responsibility.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Subcontract and Subcontractor General Terms and Conditions
Attachment A – SEEK Application & Scope of Work
Attachment B – Budget and Project Costs Worksheet
Attachment C – Subcontractor Reporting Requirements
Attachment D – Subcontractor Agent(s)
Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification
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SUBCONTRACTOR GENERAL TERMS AND CONDITIONS
1. Access to Data. In compliance with Chapter 39.26 RCW, the Subcontractor shall provide access to
data generated under this Subcontract to AWC, and to the extent necessary to comply with RCW
39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost.
This includes access to all information that supports the findings, conclusions, and recommendations
of the Subcontractor’s reports, including computer models and methodology for those models.
2. Alterations and Amendments. This Subcontract may be amended only by mutual agreement of the
parties in writing. Such amendments shall not be binding unless they are in writing and signed by
personnel authorized to bind each of the parties.
3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28
CFR Part 35. In relation to this Subcontract, the Subcontractor must comply with the ADA, which
provides comprehensive civil rights protection to individuals with disabilities in the areas of
employment, public accommodations, state and local government services, and telecommunications.
4. Assignment. Neither this Subcontract, nor any claim arising under this Subcontract, shall be
transferred or assigned by the Subcontractor without prior written consent of AWC.
5. Assurances. AWC and the Subcontractor agree that all activity pursuant to this Subcontract will be in
accordance with all applicable current federal, state and local laws, rules and regulations.
6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each
party agrees to bear its own attorney’s fees and costs.
7. Budget Revisions. Any monetary amount budgeted by the terms of this Subcontract for various
activities and line item objects of expenditure, as outlined in Attachment B – Budget and Project Costs
Worksheet, may be revised without prior written approval of AWC, so long as the revision is no more
than ten percent (10%) of the original line item amount and the increase in an amount is offset by a
decrease in one or more other amounts equal to or greater than the increase. All other budget
revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC.
Subcontractor will use the funding change request form provided by AWC to request these budget
revisions.
8. Certification Regarding Debarment, Suspension, and Ineligibility. The Subcontractor certifies that
neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded
from participation in transactions by any federal department or agency. The Subcontractor further
certifies that they will ensure that potential subcontractors or any of their principals are not debarred,
suspended, proposed for debarment, or voluntarily excluded from participation in covered
transactions by any federal department or agency. “Covered transactions” include procurement
contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000).
Subcontractor may do so by obtaining a certification statement from the potential subcontractor or
subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List.
The Subcontractor shall immediately notify the AWC if, during the term of this subcontract,
Subcontractor becomes debarred. AWC may immediately terminate this Subcontract by providing
Subcontractor written notice if Subcontractor becomes debarred during the term of this Subcontract.
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The Subcontractor also certifies that neither it nor its principals are debarred, suspended, or proposed
for debarment from participation in transactions by any state department or agency. The
Subcontractor further certifies that they will ensure that potential subcontractors or any of their
principals are not debarred, suspended, or proposed for debarment from participation in covered
transactions by any state department or agency.
9. Certification Regarding Lobbying. The Subcontractor certifies that Federal-appropriated funds will
not be used to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress or an employee of
a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC
1352. Subcontractor shall require its agents to certify compliance with this provision.
10. Certification Regarding Wage Violations. The Subcontractor certifies that within three (3) years prior
to the date of execution of this Subcontract, Subcontractor has not been determined by a final and
binding citation and notice of assessment issued by the Washington Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction to have
willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52.
The Subcontractor further certifies that it will remain in compliance with these requirements during
the term of this Subcontract. Subcontractor will immediately notify AWC of any finding of a willful
violation entered by the Washington Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction entered during the term of this Subcontract.
11. Change in Status. In the event of substantive change in the legal status, organizational structure, or
fiscal reporting responsibility of the Subcontractor, Subcontractor agrees to notify AWC of the change.
Subcontractor shall provide notice as soon as practicable, but no later than thirty (30) days after such
a change takes effect.
12. Confidentiality. The Subcontractor acknowledges that all of the data, material and information which
originates from this Subcontract, and any student assessment data, material and information which
will come into its possession in connection with performance under this Subcontract, consists of
confidential data owned by AWC or confidential personally identifiable data subject to the federal
Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or other privacy
laws, and that the data must be secured and protected from unauthorized disclosure by the
Subcontractor. The Subcontractor is wholly responsible for compliance with FERPA requirements.
The Subcontractor, therefore, agrees to hold all such material and information in strictest confidence,
not to make use thereof other than for the performance of this Subcontract, to release it only to
authorized employees and agents requiring such information and not release or disclose it to any
other party. The Subcontractor agrees to release such information or material only to employees and
agents who have signed a written agreement expressly prohibiting disclosure or usages not
specifically authorized by this Subcontract. The parties acknowledge the release of records may be
subject to the Public Records Act, RCW 42.56, and further acknowledge that Washington law and
court order may compel disclosure of certain records; this provision does not apply to records
compelled by law or court order.
13. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be
considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the
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Superintendent of Public Instruction (Superintendent). The Superintendent shall be considered the
author of such Materials. If Materials are not considered “works for hire”, Subcontractor hereby
irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to
the Superintendent effective from the moment of creation of such Materials.
Materials means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability
to transfer these rights.
Subcontractor understands that, except where otherwise agreed to in writing or approved by the
Superintendent or designee, all original works of authorship produced under this Contract shall carry
a Creative Commons Attribution License, version 4.0 or later.
All Materials the Subcontractor has adapted from others’ existing openly licensed resources must be
licensed with the least restrictive open license possible that is not in conflict with existing licenses.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, Subcontractor will license the materials to allow others to translate,
reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the
Subcontractor would like to limit these pre-existing portions of the work to non-commercial use, the
Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable
for these specific sections.
The Subcontractor warrants and represents that Subcontractor has all rights and permissions,
including intellectual property rights, moral rights and rights of publicity, necessary to apply such a
license.
The Subcontractor shall exert all reasonable effort to advise the Superintendent, at the time of
delivery of data furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Superintendent shall receive prompt written notice of each notice or claim of
infringement received by the Subcontractor with respect to any data delivered under this Contract.
The Superintendent shall have the right to modify or remove any restrictive markings placed upon the
data by the Subcontractor.
14. Covenant Against Contingent Fees. The Subcontractor warrants that no person or selling agent has
been employed or retained to solicit or secure this Subcontract upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona
fide established agent maintained by the Subcontractor for the purpose of securing business. AWC
shall have the right, in the event of breach of this clause by the Subcontractor, to annul this
Subcontract without liability or, in its discretion, to deduct from the contract price or consideration
or recover by other means the full amount of such commission, percentage, brokerage or contingent
fees.
15. Disputes. In the event that a dispute arises under this Subcontract, the parties will use their best
efforts to amicably resolve any dispute, including use of alternative dispute resolution options.
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16. Duplicate Payment. AWC shall not pay the Subcontractor, if the Subcontractor has charged or will
charge the State of Washington or any other party under any other contract or agreement, for the
same services or expenses.
17. Entire Agreement. This Subcontract contains all the terms and conditions agreed upon by the parties.
No other understandings, oral or otherwise, regarding the subject matter of this Subcontract shall be
deemed to exist or to bind any of the parties hereto.
18. Ethical Conduct. Neither the Subcontractor nor any employee or agent of the Subcontractor shall
participate in the performance of any duty or service in whole or part under this Subcontract in
violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter
42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources
for political purposes.
19. Governing Law and Venue. This Subcontract shall be construed and interpreted in accordance with
the laws of the State of Washington and the venue of any action brought hereunder shall be in
Superior Court for Thurston County.
20. Indemnification. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and
hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for
injuries or death arising out of or resulting from the performance of this Subcontract. “Claim” as used
in this Subcontract, means any financial loss, claim, suit, action, damage, or expense, including but
not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or
destruction of tangible property including loss of use resulting therefrom. Additionally, ‘”claims” shall
include but not be limited to, assertions that the use or transfer of any software, book, document,
report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade
practice or in unlawful restraint of competition. Subcontractor’s obligation to indemnify, defend and
hold harmless includes any claim by Subcontractor’s agents, employees, representatives, or any
subcontractor or its employees.
Subcontractor expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims,
costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident
to Subcontractor’s or its subcontractor’s performance or failure to perform the
Subcontract. Subcontractor’s obligation to indemnify, defend, or hold harmless AWC shall not be
eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents,
employees, or officials.
Subcontractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless AWC, and their agents, employees, or officials.
21. Independent Capacity of the Subcontractor. The parties intend that an independent Subcontractor
relationship will be created by this Subcontract. The Subcontractor and his/her employees or agents
performing under this Subcontract are not employees or agents of AWC. The Subcontractor will not
hold itself out as nor claim to be an officer or employee of AWC, the Superintendent o r of the state
of Washington by reason hereof, nor will the Subcontractor make any claim or right, privilege, or
benefit which would accrue to such employee under law. Conduct and control of the work will be
solely with the Subcontractor.
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22. Licensing and Accreditation Standards. The Subcontractor shall comply with all applicable local,
state, and federal licensing, accreditation and registration requirements/standards, necessary to the
performance of this Subcontract.
23. Limitation of Authority. Only AWC or AWC’s delegate by writing (delegation to be made prior to
action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any
clause or condition of this Subcontract. Furthermore, any alteration, amendment, modification, or
waiver or any clause or condition of this Subcontract is not effective or binding unless made in writing
and signed by AWC.
24. Non-Discrimination. The Subcontractor shall comply with all the federal and state non-discrimination
laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall,
on the ground of sex, race, creed, religion, color, national origin, marital status, families with children,
age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or
the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any activity performed by
the Subcontractor and its agents under this Subcontract. The Subcontractor shall notify AWC
immediately of any allegations, claims, disputes, or challenges made against it under non-
discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event
of the Subcontractor’s noncompliance or refusal to comply with this nondiscrimination provision, this
Subcontract may be rescinded, cancelled or terminated in whole or part, and the Subcontractor may
be declared ineligible for further contracts with AWC.
25. Overpayments. Subcontractor shall refund to AWC the full amount of any overpayment under this
Subcontract within thirty (30) calendar days of written notice. If Subcontractor fails to make a prompt
refund, AWC may charge Subcontractor one percent (1%) per month on the amount due until paid in
full.
26. Public Disclosure. Subcontractor acknowledges that AWC is subject to the Washington State Public
Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Subcontractor is subject to the
Washington State Public Records Act, Chapter 42.56 RCW, and that this Subcontract shall be a public
record as defined in RCW 42.56. Any specific information that is claimed by either party to be
confidential or proprietary must be clearly identified as such by that party. To the extent consistent
with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all
such information marked confidential or proprietary. If a request is made to view such information,
the party receiving the public records request will notify the other party of the request and the date
that such records will be released to the requester unless the other party obtains a court order
enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party
receiving the records request will release the requested information on the date specified.
27. Publicity. The Subcontractor agrees to submit to AWC all advertising and publicity matters relating
to this Subcontract which in the AWC’s judgment, AWC or the Superintendent’s name can be implied
or is specifically mentioned. The Subcontractor agrees not to publish or use such advertising and
publicity matters without the prior written consent of AWC.
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28. Registration with Department of Revenue. The Subcontractor shall complete registration with the
Department of Revenue and be responsible for payment of all taxes due on payments made under
this Subcontract.
29. Records Maintenance. The Subcontractor shall maintain all books, records, documents, data and other
evidence relating to this Subcontract and performance of the services described herein, including but not
limited to accounting procedures and practices which sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this Subcontract. Subcontractor shall retain
such records for a period of six years following the date of final payment. At no additional cost, these
records, including materials generated under the Subcontract, shall be subject at all reasonable times to
inspection, review or audit by the AWC or the Superintendent, personnel duly authorized by AWC or the
Superintendent, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
30. Right of Inspection. The Subcontractor shall provide right of access to its facilities utilized under this
Subcontract to AWC or any of its officers responsible for executing the terms of this Subcontract at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Subcontract on behalf of AWC. All inspections and evaluations shall be
performed in such a manner that will not unduly interfere with the Subcontractor’s business or work
hereunder.
31. Severability. The provisions of this Subcontract are intended to be severable. If any term or provision
is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity
of the remainder of the Contract.
32. Subcontracting. Neither the Subcontractor nor any agent of the Subcontractor shall enter into
subcontracts for any of the work contemplated under this Subcontract without obtaining prior written
approval of AWC. Subcontractor is responsible to ensure that all terms, conditions, assurances and
certifications set forth in this Subcontract are included in any and all Subcontracts. In no event shall
the existence of the subcontract operate to release or reduce liability of the Subcontractor to the AWC
for any breach in the performance of the Subcontractor’s duties. This clause does not include
contracts of employment between the Subcontractor and personnel assigned to work under this
Subcontract.
If, at any time during the progress of the work, AWC determines in its sole judgm ent that any agent
of the Subcontractor is incompetent, AWC shall notify the Subcontractor, and the Subcontractor shall
take immediate steps to terminate the agent's involvement in the work. The rejection or approval by
AWC of any agent or the termination of an agent shall not relieve the Subcontractor of any of its
responsibilities under the Subcontract, nor be the basis for additional charges to AWC.
33. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other
taxes, insurance or other expenses for the Subcontractor or its staff shall be the sole responsibility of
the Subcontractor.
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34. Technology Security Requirements. The security requirements in this document reflect the applicable
requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information
Officer for the state of Washington, which by this reference are incorporated into this agreement.
The Subcontractor acknowledges it is required to comply with WaTech Office of Chief Information
Officer (OCIO) IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information
Technology Assets. OCIO IT Security Standard 141.10, Securing Information Technology Assets,
applies to all Superintendent assets stored as part of a service, application, data, system, portal,
module, components or plug-in product(s) that are secured as defined by the WaTech OCIO's IT
Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets.
As part of OCIO IT Security Standard 141.10, a design review checklist and/or other action may be
required. These activities will be managed and coordinated between AWC and the Subcontractor.
Any related costs to performing these activities shall be at the expense of the Subcontractor. Any such
activities and resulting checklist and/or other products must be shared with AWC.
35. Termination for Convenience. Except as otherwise provided in this Subcontract, the Superintendent
or Superintendent’s Designee may, by ten (10) days written notice, beginning on the second day after
the mailing, terminate this Subcontract in whole or in part. The notice shall specify the date of
termination and shall be conclusively deemed to have been delivered to and received by the
Subcontractor as of midnight the second day of mailing in the absence of proof of actual deliv ery to
and receipt by the Subcontractor. If this Subcontract is so terminated, AWC shall be liable only for
payment required under the terms of the Subcontract for services rendered or goods delivered prior
to the effective date of termination.
36. Termination for Default. In the event AWC determines the Subcontractor has failed to comply with
the conditions of this Subcontract in a timely manner, AWC has the right to suspend or terminate this
Subcontract. AWC shall notify the Subcontractor in writing of the need to take corrective action. If
corrective action is not taken within thirty (30) days, the Subcontract may be terminated. AWC
reserves the right to suspend all or part of the Subcontract, withhold further payments, or prohibit
the Subcontractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Subcontractor or a decision by AWC to
terminate the Contract. In the event of termination, the Subcontractor shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original Subcontract
and the replacement or cover Subcontract and all administrative costs directly related to the
replacement Subcontract, e.g., cost of the competitive bidding, mailing, advertising and staff time.
The termination shall be deemed to be a "Termination for Convenience" if it is determined that the
Subcontractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault
or negligence. The rights and remedies of the AWC provided in this Subcontract are not exclusive and
are in addition to any other rights and remedies provided by law.
37. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event
funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Subcontract and prior to normal completion of this Subcontract, with the notice
specified below and without liability for damages:
a. At AWC’s discretion, AWC may give written notice of intent to renegotiate the Subcontract
under the revised funding conditions.
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b. At AWC’s discretion, AWC may give written notice to Subcontractor to suspend performance
when AWC determines there is reasonable likelihood that the funding insufficiency may be
resolved in a timeframe that would allow Subcontractor’s performance to be resumed.
(1) During the period of suspension of performance, each party will inform the other of
any conditions that may reasonably affect the potential for resumption of
performance.
(2) When AWC determines that the funding insufficiency is resolved, it will give the
Subcontractor written notice to resume performance, and Subcontractor shall
resume performance.
(3) Upon the receipt of notice under b. (2), if Subcontractor is unable to resume
performance of this Subcontract or if the Subcontractor’s proposed resumption date
is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may
terminate the Subcontract by giving written notice to the Subcontractor. The parties
agree that the Subcontract will be terminated retroactive to the date of the notice of
suspension. AWC shall be liable only for payment in accordance with the terms of this
Subcontract for services rendered prior to the retroactive date of termination.
c. AWC may immediately terminate this Subcontract by providing written notice to the
Subcontractor. The termination shall be effective on the date specified in the termination
notice. AWC shall be liable only for payment in accordance with the terms of this Subcontract
for services rendered prior to the effective date of termination. No penalty shall accrue to
AWC in the event the termination option in this section is exercised.
d. For purposes of this section, “written notice” may include email.
38. Termination Procedure. Upon termination of this Subcontract the AWC, in addition to other rights
provided in this Subcontract, may require the Subcontractor to deliver to AWC any property
specifically produced or acquired for the performance of such part of this Contract as has been
terminated. The provisions of the “Treatment of Assets” clause shall apply in such property transfer.
The AWC shall pay to the Subcontractor the agreed upon price, if separately stated, for completed
work and services accepted by AWC and the amount agreed upon by the Subcontractor and AWC for
(a) completed work and services for which no separate price is stated, (b) partially completed work
and services, (c) other property or services which are accepted by AWC, and (d) the protection and
preservation of the property, unless the termination is for default, in which case AWC shall determine
the extent of the liability. Failure to agree with such determination shall be a dispute within the
meaning of the “Disputes” clause for this Subcontract. The AWC may withhold from any amounts due
to the Subcontractor such sum as AWC determines to be necessary to protect AWC against potential
loss or liability.
The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law under this Subcontract.
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After receipt of a notice of termination, and except as otherwise directed by the Superintendent, the
Subcontractor shall:
a. Stop work under this Subcontract on the date and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the work under the Subcontract that is not
terminated;
c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights,
title, and interest of the Subcontractor under the orders and subcontracts in which case AWC
has the right, at its discretion, to settle or pay any or all claims arising out of the termination
of such orders and subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of AWC to the extent the AWC may require,
which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed
by AWC, any property which, if the Subcontract had been completed, would have been
required to be furnished to AWC;
f. Complete performance of such part of the work not terminated by AWC; and
g. Take such action as may be necessary, or as AWC may direct, for the protection and
preservation of the property related to this Subcontract which, in is in the possession of the
Subcontractor and in which AWC has or may acquire an interest.
39. Treatment of Assets. Except as otherwise provided for in the Subcontract, the ownership and title to
all real property and all personal property exceeding a value of $5,000 purchased by the Subcontractor
in the course of performing this Subcontract with moneys paid by the Superintendent shall vest in the
Superintendent, except for supplies consumed in performing this Subcontract. The Subcontractor
shall (1) maintain a current inventory of all the real and personal property; (2) label all the property
“State of Washington, Superintendent of Public Instruction”; and, (3) surrender property and title to
the Superintendent without charge prior to settlement upon completion, termination or cancellation
of this Contract.
If any property is lost, destroyed, or damaged, the Subcontractor shall notify the Superintendent and
take all reasonable steps to protect the property from further damage.
All reference to the Subcontractor under this clause shall include Subcontractor’s employees and
agents.
40. Waiver. A failure by either part to exercise its rights under this Subcontract shall not preclude that
party from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of
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SEEK Funding Opportunity Subcontractor Funding Agreement
this Subcontract unless stated to be such in writing and signed by personnel authorized to bind each
of the parties.
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Attachment A
SEEK Application & Scope of Work
Insert detailed project description as included in the Funding Opportunity application & Attach SEEK
Funding Application
Rec n' Roll Mobile Recreation Program
Auburn Parks, Arts and Recreation will be creating a mobile recreation program that will bring
recreation to its various neighborhoods. The program will be called Rec n’ Roll. The department will
be securing a large van/truck for the program (not included in the grant application) that will pull up to
neighborhood parks, apartment complexes, and other popular areas to roll out recreation including
sports, STEAM, and other fun activities. This program will connect with children in various
neighborhoods around Auburn. By bringing activities to the community, we are eliminating
transportation as a barrier to participation. This program will also be free which eliminates another
barrier. Children will be engaging with others from their specific neighborhood which will help them
build bonds within the community they live. Rec n’ Roll will have various components such as sports,
STEAM activities and group games that will help children have positive social interactions and engage
with each other outside of the school setting. Art and craft projects will be structured so children will
finish an art piece that they can take home with them. STEAM activities will focus on hands on learning
through science experiments suchs as rockets, egg-drops, robotics and other science and engineering
activities. Physical activities will include yard and lawn games, disc golf, parkour, kicking, passing and
dribbling, and other games. Physical activities promote healthy bodies and healthy minds. Youth who
participate in the Rec n’ Roll will get a positive and memorable experience that is long-lasting and
fun. Rec n’ Roll will visit a different park, apartment complex, or neighborhood each day. The
program will be advertised well in advance through the schools, direct mail campaigns, flyers, social
media and other outlets. Advertisements will be produced in several languages to help reduce barriers
for non-English speaking families. The parks, apartments, and neighborhood areas targeted are areas
with high diversity, are lower-income, and in areas with limited resources. Bringing recreation to these
areas eliminates several barriers to participation. Rec and Roll removes transportation and cost as a
factor. The program will be designed to be inclusive for children with physical or mental disabilities. This
program does not currently exist in Auburn and would not be possible without these grant funds as it is
not budgeted now or in plans for future budgets. The city is matching the grant investment by
purchasing a vehicle dedicated for this program. That will also allow for the city to budget to keep this
type of program running in the future. Rec n’ Roll will take place Monday-Friday. Each day will be at a
different location (high population and locations that are in conjunction with the free summer lunch
program may be visited more that once over the summer). The program will be open for four (4) hours
each day. The program will be all outdoors and will be able to run in all weather conditions by use of
covered shelter areas or pop-up tents. The program will be eight (8) weeks starting after school ends in
June 2022 and wrapping up prior to Labor Day weekend. This gives about 160 hours of outdoor
programming for youth.Rec n’ Roll will be a FREE program. There will be no cost to show up at any of
the locations the program will be visiting. There will be a limit of 40 children at any time to allow for
adequate staff supervision. As children come and go, additional children can be added into the activities.
The Rec n’ Roll program will partner with other local organizations but at no time will these
organizations be directly supervising youth in the program. Some of these partnerships include: the
Auburn School District Summer Lunch Program offers free meals to youth in our programs. On some
occasions contracted vendors and instructors will be used, but at no time will they be responsible for
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the supervision of youth participants. Contracted vendors include performers and instructors for specific
activities such as parkour, disc golf and STEAM activities.
Auburn Outside
The requested funding will allow for expanded outdoor adventure programming for underserved youth
ages 4-18 in our Auburn Outside program. Programming under Auburn Outside will be based on the age
of the population served- programs consist of: comprehensive biking skills camps and outdoor
adventures for teens. Bike programs (Auburn MTB) will take place at the Cedar Lanes Bike Park and will
offer Learn-to-Ride camps for 4-6 year old youth, basic bike skills camps for ages 6-10 and Mountain
Bike Skills camps for ages 6-14. Mountain Bike Skills camps will utilize the pump track and the skills park
to teach introductory mountain bike skills. All bike programs will include social emotional learning
curriculum to teach and practice important skills including: goal setting, conflict resolution, confidence,
grit and problem solving. Mountain Bike Skills camps will run in 3-hour intervals (2 sessions per day) for
week-long sessions for a total of 9 weeks.Outdoor Adventures for teens strives to connect youth ages
12-18 with nature through exciting, physical programming. 8 camps will be offered including 3- week-
long Outdoor Adventures camps, 2- Bike & Camp 3-day excursions, and 3-week-long Mountain Bike
Camps for teens utilizing local trails.Outdoor Adventure camps will introduce teens to new outdoor
opportunities like white water rafting, hiking, outdoor rock climbing, stand-up paddle boarding,
kayaking, spelunking and more. Hands on skills and safety will be taught to all youth so they learn about
the activities as well as enjoy the process of participating. The activities available to youth in the
Outdoor Adventure camps are typically completely new to our participants. Getting teens outside in
exciting, adventure based nature programming empowers them to push themselves to try new things,
connect with nature and their peers, build confidence in their abilities and encourages them to
challenge themselves. Participating in these activities with their peers fosters a strong connection as
they bond and overcome challenges together. These skills are important ones that our youth
participants take with them- translating what they’ve learned in nature, to their schools and
families.Bike & Camp excursions consist of three days of camping and mountain biking culminating with
a rafting trip on the way home. Youth will learn how to set up a camp, prepare food outdoors,
experience mountain trails, practice bike skills and connect with their peers. Getting youth into nature
for a prolonged experience fosters strong relationship building and reliance on their peers. We find that
the three day trips boost self-esteem and leadership skills significantly for the participants.Week-long
Bike camps take youth to the trails to practice mountain bike skills and ride together. Each day takes
them to a different trail system giving youth the opportunity to experience all that our public lands have
to offer. Mountain Biking for teens presents a challenging sport that comes with great rewards- we find
that it’s a sport that most teens have little to no experience with but fall in love with quickly as they
experience the thrill of conquering a challenging climb and feel the rush of the wind as they get into a
flow. Mountain Biking allows youth to bond with each other over their challenges and successes and
while it is an individual sport we find teens build a strong sense of team camaraderie as they encourage
and push one another to take on more challenge.All Teen Outdoor programs include Social Emotional
Learning curriculum that is both formally discussed and also practiced through hands-on skill building.
Staff and volunteers promote the importance of practicing skills like goal setting, tenacity, supporting
their peers, conflict resolution, positive communication and problem solving.Auburn Outdoors is an
active program that offers local youth the opportunity to engage in new outdoor activities that promote
physical activity, social emotional learning, healthy lifestyle and positive social engagement. Outdoor
Adventures uses outdoor adventure activities like hiking, rock climbing, rafting, mountain biking,
kayaking, etc., as a catalyst to empower youth to make positive choices, build confidence and self-
esteem, develop camaraderie with their peers, and engage with nature in a physically active way. All
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programs consist of three primary goals: 1. Get Moving Outside: Increase physical activity through
adventure programming in natural surroundings. 2. Learn, Think, Do: Improve Social Emotional skills
through simulated practice (discussion, activities) and through real life experiences (problem solving,
conflict resolution, confidence building). 3. Be safe and have a blast!Combining physical activity with
nature allows for important benefits for youth. Youth participating in Auburn Outdoors programming
will have the opportunity to constantly be interacting with their peers, thus practicing important social
skills that they may be missing out on in the summertime. By developing a team that all participants are
a part of youth will practice overcoming challenges together and cheer each other on as they meet their
goals. Perhaps most importantly youth in Auburn Outdoors programs will gain a positive and
memorable experience that is long-lasting and fun! Shared experience with other youth in the program,
combined with getting outside into nature, and moving their bodies each day will have great impacts on
the mental health of all youth participants. Shared experience provides youth with an important sense
of belonging. Physical activities promote healthy bodies and healthy minds and offering programming
exclusively outdoors allows participants a chance to engage with nature that may be lacking in their
typical day-to-day life. Summer camp programming has long been out of reach for most of our low-
income families. Despite offering a fee waiver program, the cost to attend camp has still been too high
for many youth. By offering a robust, full fee scholarship program and by reserving a percentage of all
camps for scholarship recipients we’ll be able to ensure that underserved youth have a chance to
take advantage of the exciting experiences that summer camps offer. Additionally, Auburn Outdoors
summer programs will be in centralized locations to help alleviate the barrier of transportation and
accessibility to program sites.Significant barriers to underserved youth engaging in outdoor
programming are cost, transportation and knowledge of the outdoors. These barriers will be eliminated
in the Auburn Outside program. First and foremost- full scholarships will be available for underserved
youth in order to completely eliminate the financial barrier that is most commonly cited as prohibiting
underserved youth participation. Programs will meet at central locations to reduce the barrier of
transportation. Parks vans will then be used to transport participants to activity locations. Lastly,
knowledge and understanding of outdoor activities will not be a barrier as all programs will be facilitated
by trained staff that will be teaching all participants the skills needed to safely participate in all
activities.Outdoor adventure activities are cost prohibitive to our targeted population. In the past these
programs have been entirely fee based and gear has been provided by the participants or rented from
outdoor program vendors. The funds that would be provided through this grant will enable the Auburn
Outside program to build an inventory of gear and equipment that would be available for underserved
youth to use as needed. Having equipment available that doesn’t need to be rented will allow
programming to continue at no cost to underserved youth, thus creating a sustainable program long
into the future that focuses on getting youth physically active outdoors.The Auburn Outdoors program
will partner with other local organizations but at no time will these organizations be directly supervising
youth in the program. Some of these partnerships include: Auburn School District Summer Lunch
Program offers free meals to youth in our programs. The Auburn Police Department Bike Patrol offers
assistance with bike skills and bike safety talks. They also provide skills mentorship and volunteer ride
leaders. On some occasions contracted vendors and guides will be used but at no time will they be
responsible for the supervision of youth participants.Auburn Outside programs are available at no cost
to participants through a full scholarship program that will be made possible by SEEK funding. 25% of
all Teen Outdoor programs will be reserved for participants receiving scholarships. 50% of all spots
available in Auburn MTB programs will be reserved for participants receiving scholarships.Youth Bike
camps (Auburn MTB) will run for week-long sessions for three hours per day/15 hours for the week.
Camps and clinics will differ week to week and can be continued through the duration of the summer for
a potential total of 240 hours/participant of bike camps.Teen Bike Camps will be all day programs, 5
days per week for a total of 40 hours. Bike camps can be repeated with three sessions available for a
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total of 120 hours/participant.Teen Bike & Camp excursions are overnight camping trips with daytime
activities over the course of three days for a total of 40 hours. Two sessions are available for a total of
80 hours/participant.Outdoor Adventure Camps will be all day programs, 5 days per week for a total of
40 hours. Outdoor Adventure Camps can be repeated with 3 sessions available for a total of 120
hours/participant.
Youth Summer Day Camp Scholarship Program
City of Auburn Parks, Art & Recreation offers a variety of summer camp programs including Sports,
Tweens, and specialty mix and match camps for youth ages 6-12. Summer camp will be offered June –
August, Monday – Friday 8am-5pm for 9 weeks. These are the descriptions of camps we offer: Sports-
Each week of summer a different sport camp is offered including, basketball, soccer, flag football,
lacrosse, volleyball, cheerleading, baseball, and an occasional multisport week. Sport camps promote
active, healthy, and social skills. Since most sports aren’t offered in the summer, camps are the best
way for kids to stay active. Summer sport programs also allow youth to be consistent. Consistently
working on the mechanics of sports will increase your skill level and confidence. Each day kids are
challenged to learn something new from their peers and coaches. Participants are challenged through
skills and drills scheduled throughout the day. Depending on the sport, youth can spend anywhere
between 50-90% of their day outside. For example, if they’re attending basketball camp, they spend
up to 5 hours a day/ 20 hours a week/ 180 hours of summer outdoors. If they attend, soccer, lacrosse, or
flag football they spend up to 7 hours a day/ 35 hours a week/ 315 hours a summer outdoors.Tweens:
Tweens camp is offered to youth entering fifth and sixth grade. Each week will offer a new theme with
activities to match in the morning and the afternoon is followed up with a special event or field trip.
While this camps focus isn’t outdoor, we stress the importance of connecting kids socially.
Transitioning from elementary to middle school can be intimidating, but summer camp helps to make
the transition easier. During camp, “tweens― learn how to socially interact with one another
through, problem solving, developing friendships, and team building. Social interactions develop soft
skills that they will carry with them for the rest of their lives such as, listening skills, problem solving, and
teamwork. Youth Mix & Match: Mix and match camps are designed to give kids a variety of specialty
camps throughout the summer. Some examples of camps offered are, farming, LEGO, rock climbing,
STEAM, painting, and many more. During the farming camp, kids are outside 100% of the day. Kids
explore the daily activities of farm life in the early 20th century. Activities include caring for farm
animals, working in the garden, crafts, archery, baking in a wood stove, playing historic games and more.
While in LEGO camp, kids can build engineer designed projects with Legos. In rock climbing camp, we
will give kids the opportunity to harness up and learn the fundamentals of rock climbing, learn basic
climbing techniques, and set goals to reach new heights. STEAM camp will be a week of hands-on
experiments and projects that gives the opportunity to build, create, explore and problem solve in the
world of science and inventions. During art camp a professional artist guides children during each
session to create a finished piece of artwork to take home at the end of the day. Youth mix and match
camps promote social connections, encourage physical activity and support to families who struggle
with childcare needs. Each camp promotes social connections by bringing kids together that share
similar interest. Kids from all backgrounds come together and they can learn from one another. During
camp we will nurture friendships; kids get to meet other kids with similar interest. Counselors facilitate
introductions between the kids and mediate conversations and arguments whenever there’s a
problem. Summer camp promotes independence. While at camp, kids get to experience time away from
their parents. Helping kids develop a sense of self identity. Mom and dad aren’t there so they learn
to listen to their inner voice to make decisions. Kids become more self-reliant as they discover their
strengths and weakness. We schedule a variety of activities and trips throughout the summer for kids to
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participate in to develop lifelong skills. Activities such as, dodgeball. Dodgeball teaches teamwork,
decision making, and resilience. Often in camp, we schedule teambuilding activities. These activities
allow kids to work together to achieve a common goal. While engaged in the activities they will gain
exposure to other people’s perspective. They will also learn to accomplish a goal with others and
realize you must learn to work with differences. Our summer camp program will remove institutional
and systematic barriers by providing scholarships to the underserved and low-income families in the
community. The goal of our program is to promote an inclusive space for all youth no matter their
background or economic status. These funds will allow The City of Auburn to bridge the gap between
the underserved youth and everyone else. Since our programs are fee based, we will use these funds to
provide scholarships for underserved populations to ensure cost is not a barrier. We will reserve 25% of
our summer camp spots to families who are not able to afford our programs. In previous years we have
not been able to serve youth who identify as underserved because of the lack of scholarships funds. By
receiving these funds, these funds will change that narrative. We will be able to provide these families
with opportunities that they otherwise will not be able to afford.The summer camp program will partner
with other local organizations but at no time will these organizations be directly supervising youth in the
program. Some of these partnerships include: the Auburn School District Summer Lunch Program offers
free meals to youth in our programs. On some occasions contracted vendors and instructors will be
used, but at no time will they be responsible for the supervision of youth participants.
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Attachment B
Budget & Project Costs Worksheet
Budget (as presented in the SEEK application Project Costs Worksheet)
Project: Rec n' Roll Mobile Recreation Program
Project Costs Summer 2022
Staff $17000
Equipment & supplies (i.e. sports equipment,
art supplies, or water and snacks) (must be
directly related to program being offered)
$13900
Scholarships or subsidies $
Transportation $500
Facilities $
Professional Services (please be specific on
type of service)
$8000
Fees (such as entrance fees for field trips) $
**Meals $
Other (please specify) $2000
TOTAL $41400
Project: Auburn Outside
Project Costs Summer 2022
Staff $47187
Equipment & supplies (i.e. sports equipment,
art supplies, or water and snacks) (must be
directly related to program being offered)
$28012
Scholarships or subsidies $35225
Transportation $1920
Facilities $
Professional Services (please be specific on
type of service)
$
Fees (such as entrance fees for field trips) $14900
**Meals $
Other (please specify) $
TOTAL $127244
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Project: Youth Summer Day Camp Scholarship Program
Project Costs Summer 2022
Staff $12000
Equipment & supplies (i.e. sports equipment,
art supplies, or water and snacks) (must be
directly related to program being offered)
$
Scholarships or subsidies $50000
Transportation $
Facilities $
Professional Services (please be specific on
type of service)
$
Fees (such as entrance fees for field trips) $
**Meals $
Other (please specify) $
TOTAL $
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Attachment C
Subcontractor Reporting Requirements
Reports must contain the following information:
Describe the K-12-aged (4 to 21) youth who participated through this program including
disaggregated data about student age range, gender, race/ethnicity, FRPL status, and other
student information.
Describe the type of program funded and the geographic area served.
Explain how the program targeted youth populations were recruited to participate.
Explain how these funds were used to create more access to underserved and/or economically
disadvantaged youth.
What disproportionately impacted communities did the summer recreation program serve?
Discuss program successes and challenges.
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Attachment D
Subcontractor Agent(s)
List any Subcontractor Agent(s) that will provide director supervision of youth in a program funded
through SEEK.
Name of Agent Address
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Attachment E
Proclamation 21-14 COVID-19 Vaccination Certification
To reduce the spread of COVID-19, Washington state Governor Jay Inslee, pursuant to emergency
powers authorized in RCW 43.06.220, issued Proclamation 21-14 – COVID-19 Vaccination Requirement
(dated August 9, 2021), as amended by Proclamation 21-14.1 – COVID-19 Vaccination Requirement
(dated August 20, 2021) and as amended by Proclamation 21-14.2 – COVID-19 Vaccination Requirement
(dated September 27, 2021), and as may be amended thereafter. The Proclamation requires contractors
who have goods, services, or public works contracts with a Washington state agency to ensure that their
personnel (including subcontractors and agents) who perform contract activities on-site comply with the
COVID-19 vaccination requirements, unless exempted as prescribed by the Proclamation. AWC is under
contract with OSPI and as such is required to meet these requirements and ensure that any
subcontractors also comply.
By entering into this agreement, the Subcontractor agrees to comply as follows:
1. Has reviewed and understands Subcontractor’s obligations as set forth in Proclamation 21-14 –
COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21-
14.1 – COVID-19 Vaccination Requirement (dated August 20, 2021), and as amended by
Proclamation 21-14.2 – COVID-19 Vaccination Requirement (dated September 27, 2021);
2. Has developed a COVID-19 Vaccination Verification Plan for Subcontractor’s personnel
(including agents) that complies with the above-referenced Proclamation;
3. Has obtained a copy or visually observed proof of full vaccination against COVID-19 for
Subcontractor personnel (including agents) who are subject to the vaccination requirement in
the above-referenced Proclamation;
4. Complies with the requirements for granting disability and religious accommodations for
Subcontractor personnel (including agents) who are subject to the vaccination requirement in
the above-referenced Proclamation;
5. Has operational procedures in place to ensure that any contract activities that occur in person
and on-site at OSPI premises (other than only for a short period of time during a given day and
where any moments of close proximity to others on-site will be fleeting – e.g., a few minutes for
deliveries) that are performed by Subcontractor personnel (including agents) will be performed
by personnel who are fully vaccinated or properly exempted as required by the above-
referenced Proclamation;
6. Has operational procedures in place to enable Subcontractor personnel (including agents) who
perform contract activities on-site and at OSPI premises to provide compliance documentation
that such personnel are in compliance with the above referenced Proclamation;
7. Will provide to OSPI or AWC, upon request, Subcontractor’s COVID-19 Vaccination Verification
Plan and related records, except as prohibited by law, and will cooperate with any investigation
or inquiry pertaining to the same.
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