HomeMy WebLinkAbout06-06-2022 City Council AgendaCity Council Meeting
June 6, 2022 - 7:00 PM
City Hall Council Chambers and Virtual
AGENDA
Watch the meeting LIVE!
Watch the meeting video
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hours after the meeting has concluded.
I.CALL TO ORDER
II.PUBLIC PARTICIPATION
1.Public Participation
The Auburn City Council Meeting scheduled for Monday, June 6, 2022 at 7:00
p.m. will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 888 475 4499
Zoom: https://us06web.zoom.us/j/89854576688
A.Pledge of Allegiance
B.Roll Call
III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS
A.Proclamation - Dr. Stephen H. Anderson Retirement Day
Mayor Backus to proclaim July 6, 2022 as the "One-Year Anniversary of Dr. Stephen
H. Anderson's Retirement Day'" in the City of Auburn.
B.Proclamation - Juneteenth 2022
Mayor Backus to proclaim June 20, 2022 as "Juneteenth 2022" in the City of Auburn.
C.Proclamation - LGBTQ+ Pride Month
Mayor Backus to proclaim June 2022 as "LGBTQ+ Pride Month" in the City of
Auburn.
IV.AGENDA MODIFICATIONS
Page 1 of 150
V.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A.Public 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.The public can participate in-person or submit written
comments in advance.
The public can provide comments in-person or submit written comments in
advance of the scheduled meeting. Participants can submit written comments via
mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the
day of the scheduled meeting and must be 350 words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
If an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
VI.COUNCIL AD HOC COMMITTEE REPORTS
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.Finance Ad Hoc Committee (Chair Baggett)
VII.CONSENT AGENDA
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 May 16, 2022 Regular City Council Meeting
Page 2 of 150
B.Minutes of the May 23, 2022 Study Session
C.Claims Vouchers (Thomas)
Claims voucher list dated June 6, 2022 which includes voucher numbers 468007
through 468179, in the amount of $4,073,804.86 and eight wire transfers in the amount
of $770,110.06
D.Payroll Voucher (Thomas)
Payroll check numbers 539370 through 539373 in the amount of $553,485.82,
electronic deposit transmissions in the amount of $2,234,487.97, also a special payroll
for Police Commissioned Comp Payout with electronic deposit transmission in the
amount of $39,390.03 for a grand total of $2,827,363.82 for the period covering May
12, 2022 to June 1, 2022
E.Setting date for Public Hearing for 2023-2028 Transportation
Improvement Program (Gaub)
City Council to set the date of the Public Hearing for the 2023-2028 Transportation
Improvement Program
F.Public Works Project No. CP2102 (Gaub)
City Council to approve an increase of $225,000.00 in the total maximum authorized
contract amount for Public Works Contract No. 21-33; Construction of Project No.
CP2102 4th Street SE Preservation – Auburn Way South to L Street SE
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
VIII.UNFINISHED BUSINESS
IX.NEW BUSINESS
X.ORDINANCES
A.Ordinance No. 6859 (Gaub)
An Ordinance amending Ordinance 6759 and extending the deadline to complete
conditions associated with vacating Right-of-Way of a portion of the alley north of 3rd
Street NE between B Street NE and Auburn Avenue within the City of Auburn
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6859.)
B.Ordinance No. 6865 (Tate)
An Ordinance amending Ordinance No. 4456 to permit “Live/Work” land use for one
parcel and consistency with current C-3, Heavy Commercial Zone
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6865.)
C.Ordinance No. 6866 (Caillier/Comeau)
An Ordinance amending sections of the Auburn City Code, to conform to RCW
changes resulting from ESSHB 1320
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6866.)
D.Ordinance No. 6867 (Caillier/Comeau)
Page 3 of 150
An Ordinance repealing Section 9.34.030 of the Auburn City Code, related to
discharging firearms within the City
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6867.)
E.Ordinance No. 6869 (Caillier/Comeau)
An Ordinance amending Section 10.36.263 of the Auburn City Code, related to
continuous or multiple vehicle parking violations on City owned or controlled property
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6869.)
F.Ordinance No. 6871 (Backus)
An Ordinance amending Section 2.63.010 of the Auburn City Code, to recognize
Juneteenth and Native American Heritage Day as City legal holidays
(RECOMMENDED ACTION: Move to suspend City Council Procedure Rule
3.1(N)(2) requiring any Ordinance to be included on a Study Session agenda
prior to being included in a Council Meeting agenda for consideration.)
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6871.)
XI.RESOLUTIONS
A.Resolution No. 5667 (Gaub)
A Resolution accepting the Hazard Mitigation Grant for the Reservoirs 4 and 8 Seismic
Retrofits Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5667.)
B.Resolution No. 5668 (Faber)
A Resolution authorizing an updated Interlocal Cooperation Agreement with King
County for the purpose of accepting funds in the amount of $83,050.00 to reimburse
the City for Property Purchases for Salmon Habitat
(RECOMMENDED ACTION: Move to adopt Resolution No. 5668.)
C.Resolution No. 5669 (Comeau/Faber)
A Resolution approving the Purchase and Sale Agreement for the City’s acquisition of
real property, King County Parcel Number 0489000085
(RECOMMENDED ACTION: Move to adopt Resolution No. 5669.)
XII.MAYOR AND COUNCILMEMBER REPORT 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 Mayor
XIII.ADJOURNMENT
Page 4 of 150
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 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 16, 2022 Regular City Council Meeting
Date:
June 2, 2022
Department:
Administration
Attachments:
05-16-2022 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 6, 2022 Item Number:CA.A
Page 6 of 150
City Council Meeting
May 16, 2022 - 7:00 PM
City Hall Council Chambers and Virtual
MINUTES
Watch the meeting LIVE!
Watch the meeting video
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hours after the meeting has concluded.
I.CALL TO ORDER
II.PUBLIC PARTICIPATION
1.Public Participation
The City Council Meeting was held in person and virtually.
A.Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street and led those
in attendance in the Pledge of Allegiance.
B.Roll Call
Councilmembers present: Deputy Mayor Jeyaraj, Kate Baldwin, Larry
Brown, Robyn Mulenga and Yolonda Trout-Manuel. Councilmembers Bob
Baggett and Chris Stearns were excused.
Department directors and staff members present included:
Senior City Staff Attorney Harry Boesche, Director of Public Works Ingrid
Gaub, Director of Innovation and Technology David Travis, Chief of Police
Mark Caillier, Director of Finance Jamie Thomas, Innovation and Technical
Support Specialist Chrissy Malave and Deputy City Clerk Hannah Scholl.
III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS
Mayor Backus made a Land Acknowledgement to the Muckleshoot Indian
Tribe.
IV.AGENDA MODIFICATIONS
Resolution No. 5666 relating to a Homeless Management and Information
System (HMIS) Data Sharing Interlocal Agreement with King County
Regional Homelessness Authority was added to the Agenda.
V.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A.Public Hearings - (No public hearing is scheduled for this evening.)
Page 1 of 5Page 7 of 150
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.The public can participate in-person or submit written
comments in advance.
Bob Darrigan 1045 325th PL, Federal Way
Mr. Darrigan spoke expressed his gratitude for the Auburn Noon
Lions Fishing Derby event.
Bob Zimmerman 33029 46th Place South, Auburn
Mr. Zimmerman expressed his concerns with wild fires in Washington
and code violations.
Thomas Rawls 4146 B PL NW, Auburn
Mr. Rawls provided Council with an overview of the Considerate
Group and Joy Hour.
Tom Lyman 4146 B PL NW, Auburn
Mr. Lyman provided Council with an overview of the Considerate
Group and Joy Hour.
C.Correspondence
There was no correspondence for Council to review.
VI.COUNCIL AD HOC COMMITTEE REPORTS
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.Finance Ad Hoc Committee (Chair Baggett)
Councilmember Baldwin, Co-Chair of the Finance ad hoc committee,
reported she and Chair Baggett have reviewed the claims and payroll
vouchers described on the agenda this evening and recommended
their approval.
VII.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.Minutes of the April 25, 2022 and May 9, 2022 Study Session
Meetings
B.Minutes of the May 2, 2022 Regular City Council Meeting
Page 2 of 5Page 8 of 150
C.Claims Vouchers (Thomas)
Claims voucher list dated May 16, 2022 which includes voucher numbers 467797
through 468006, in the amount of $6,761,334.80 and four wire transfers in the amount
of $698,094.41
D.Payroll Voucher (Thomas)
Payroll check numbers 539362 through 539369 in the amount of $75,744.10,
electronic deposit transmissions in the amount of $2,415,764.88 for a grand total of
$2,491,508.98 for the period covering April 28, 2022 to May 11, 2022
E.Setting date for Public Hearing for Ordinance No. 6862 (Gaub)
City Council to set date for Public Hearing for Ordinance 6862 Inland Washington,
LLC Street Payback Agreement #PBK19-0001
F.Setting date for Public Hearing for Ordinance No. 6863 (Gaub)
City Council to set date for Public Hearing for Ordinance 6863 Inland Washington,
LLC Street Payback Agreement #PBK19-0002
Deputy Mayor Jeyaraj moved and Councilmember Brown seconded to
approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 5-0
VIII.UNFINISHED BUSINESS
There was no unfinished business.
IX.NEW BUSINESS
There was no new business.
X.ORDINANCES
A.Ordinance No. 6858 (Gaub)
An Ordinance granting to MCI Communications Services LLC, a Delaware Limited
Liability Company, a franchise for wireline telecommunications
Deputy Mayor Jeyaraj moved and Councilmember Melunga seconded to
adopt Ordinance No. 6858.
MOTION CARRIED UNANIMOUSLY. 5-0
B.Ordinance No. 6864 (Gaub)
An Ordinance repealing Ordinances 6767, 6777, 6788, and 6802 that provided for a
temporary waiver of late fees for airport and utility accounts, in light of a public health
emergency
Councilmember Brown moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6864.
Page 3 of 5Page 9 of 150
MOTION CARRIED UNANIMOUSLY. 5-0
XI.RESOLUTIONS
A.Resolution No. 5665 (Backus)
A Resolution authorizing the Mayor to execute an Interlocal Datashare Agreement with
the Department of Social and Health Services.
Deputy Mayor Jeyaraj moved and Councilmember Melunga seconded to
adopt Resolution No. 5665.
MOTION CARRIED UNANIMOUSLY. 5-0
B.Resolution No. 5666 (Backus)
A Resolution authorizing the Mayor to execute a Homeless Management and
Information System (HMIS) Data Sharing Interlocal Agreement with King County
Regional Homelessness Authority
Deputy Mayor Jeyaraj moved and Councilmember Trout-Manuel seconded
to adopt Resolution No. 5666.
MOTION CARRIED UNANIMOUSLY. 5-0
XII.MAYOR AND COUNCILMEMBER REPORT 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 Jeyaraj reported that he attended the Auburn Noon Lions
Fishing Derby.
B.From the Mayor
Mayor Backus reported she attended the Ribbon Cutting event at SEA
AXE - Axe Throwing, the National Day of Prayer at City Hall, City of
Pacific's Mayor, Leanna Guier's retirement event from the Washington
State Association of Plumbers and Pipefitters, recorded a That's So
Auburn! Podcast episode, the Battlefield Addiction 5k Run and an Eagle
Scout event.
Page 4 of 5Page 10 of 150
XIII.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:32 p.m.
APPROVED this 6th day of June, 2022.
____________________________ ____________________________
NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 11 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 23, 2022 Study Session
Date:
June 2, 2022
Department:
Administration
Attachments:
05-23-2022 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:June 6, 2022 Item Number:CA.B
Page 12 of 150
City Council Study Session Muni
Services SFA
May 23, 2022 - 5:30 PM
City Hall Council Chambers and Virtual
AGENDA
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I.CALL TO ORDER
Deputy Mayor Jeyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street in Auburn.
II.PUBLIC PARTICIPATION
A.Public Participation
The City Council Meeting was held in person and virtually.
B.Roll Call
Councilmembers present: Deputy Mayor James Jeyaraj, Kate Baldwin,
Bob Baggett, Larry Brown and Chris Stearns. Councilmembers Robyn
Mulenga and Yolanda Trout-Manuel were excused.
Department directors and staff members present include: City Attorney
Kendra Comeau, Chief of Police Mark Caillier, Director of Public Works
Ingrid Gaub, Planner Services Manager Jeff Dixon, Right-of-Way
Specialist Amber Olds, Senior City Staff Attorney Harry Boesche, Senior
Planner Josh Steiner, Emergency Manager Karissa Smith, Emergency
Management Specialist Tyler Turner, Business Systems Analyst Jonathan
Barbano and Deputy City Clerk Hannah Scholl.
III.ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
A.Auburn Community Court Presentation (Comeau) (15 Minutes)
City Attorney Comeau and Prosecutor Flores provided Council with an
update on Auburn Community Court including the purpose, history of
diversion programs, types of diversion programs, eligibility criteria, process
of graduation and compliance monitoring.
Council discussed rate of recidivism, average amount of cases charged
per year, story of a Community Court graduate, eligibility criteria and the
correlation to diversity and inclusion, top eligible crimes and referrals.
IV.AGENDA ITEMS FOR COUNCIL DISCUSSION
Page 1 of 3Page 13 of 150
A.Ordinance No. 6859 (Gaub) (5 Minutes)
An Ordinance amending Ordinance 6759 and extending the deadline to complete
conditions associated with vacating Right-of-Way of a portion of the alley north of 3rd
Street NE between B Street NE and Auburn Avenue within The City of Auburn
Director Gaub introduced Specialist Olds who provided Council with a
overview of Ordinance No. 6859 related to amending Ordinance No. 6759,
extending deadline to complete conditions associated with proposed
vaction of the Right-of-Way.
Council discussed development plans in the area.
B.Ordinance No. 6865 (Tate) (10 Minutes)
An Ordinance amending Ordinance No. 4456 to permit “Live/Work” land use for one
parcel and consistency with current C-3, Heavy Commercial Zone
Planning Services Manager Dixon introduced Planner Steiner who
provided Council with an overview of Auburn Townhomes Contract Rezone
(REZ21-0001) including a project summary for REZ21-0001, history of the
Rezone, land use, permitted uses, procedural considerations, Hearing
Examiner and Staff recommendations.
Council discussed live/work space.
V.MUNICIPAL SERVICES DISCUSSION ITEMS
A.Emergency Management Presentation (Hinman) (20 Minutes)
Councilmember Baldwin Chaired this portion of the meeting.
Director Hinman introduced Manager Smith and Specialist Turner
who provided Council with an overview of Auburn's Emergency
Management Program including mitigation, preparation, response,
recovery, Emergency Management staff, Program Areas,
Emergency Operations Center (EOC), EOC Activations, incident
process, emergency plans, training and exercises, education and
outreach, Councils role in Emergency Management, upcoming goals,
COVID update and Emergency Management's response to COVID-
19.
Council discussed emergency plans, training for Councilmembers,
Cascadia Rising exercise, process of sharing information, funding,
Monkeypox, activation criteria and cyber-attacks.
B.Police Department Annual Report (Caillier) (15 Minutes)
Presentation highlighting the 2021 Auburn Police Department Annual Report
Chief Caillier provided Council with the 2021 Auburn Police
Department Annual Report including staff additions, organizational
chart, response times, calls for service, 2021 crime statistics, auto
Page 2 of 3Page 14 of 150
theft, training, public records requests,
Council discussed crime statistics, vacancies within the Department
and training.
C.Ordinance No. 6866 (Caillier/Comeau) (5 Minutes)
An Ordinance amending Sections of the Auburn City Code, to conform to RCW
changes resulting from ESSHB 1320
City Attorney introduced Senior Staff Attorney Boesche and Chief
Caillier who provided Council with an overview of Ordinance No.
6866 related to Domestic Violence enforcement in the City.
Council discussed the RCW related to cyber stalking.
D.Ordinance No. 6867 (Caillier/Comeau) (5 Minutes)
An Ordinance repealing Section 9.34.030 of the Auburn City Code, related
to discharging firearms within the City
Senior Staff Attorney Boesche and Chief Caillier provided Council
with an overview of Ordinance No. 6867 related to repealing cAuburn
City Code regulating discharging firearms in the City.
E.Ordinance No. 6869 (Caillier/Comeau) (5 Minutes)
An Ordinance amending Section 10.36.263 of the Auburn City Code, related to
continuous or multiple vehicle parking violations on City owned or controlled property
Senior Staff Attorney Boesche and Chief Caillier provided Council
with an overview of Ordinance No. 6869 regarding adding
enforcement measures related to repeat parking violations in City
parking facilities.
Council discussed homeless individuals, abandoned cars, trespass
admonishment, parking, City owned property, parking infractions.
VI.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:20 p.m.
APPROVED this 6th day of June 2022.
____________________________ _______________________________
JAMES JEYARAJ, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 15 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
June 1, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated June 6, 2022 which includes voucher numbers 468007 through
468179, in the amount of $4,073,804.86 and eight wire transfers in the amount of
$770,110.06
Reviewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:June 6, 2022 Item Number:CA.C
Page 16 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
June 1, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539370 through 539373 in the amount of $553,485.82, electronic
deposit transmissions in the amount of $2,234,487.97, also a special payroll for Police
Commissioned Comp Payout with electronic deposit transmission in the amount of
$39,390.03 for a grand total of $2,827,363.82 for the period covering May 12, 2022 to June
1, 2022
Reviewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:June 6, 2022 Item Number:CA.D
Page 17 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting date for Public Hearing for 2023-2028 Transportation
Improvement Program (Gaub)
Date:
May 18, 2022
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to set the date of the Public Hearing for the 2023-2028 Transportation
Improvement Program as June 6, 2022, at 7:00 pm.
Background for Motion:
Background Summary:
The City Council is asked to set a time and date for a public hearing to adopt the Six Year
Transportation Improvement Program (TIP). The public hearing is proposed to be held on
June 21, 2022 during the City Council Meeting.
The TIP is a multiyear planning tool and document for the development of transportation
facilities within the City and does not represent a financial commitment by the City. Once the
TIP is approved, projects are budgeted and funded through the City’s biennial budget. The
TIP sets priorities for the allocation secured and unsecured funding and is a prerequisite of
most grant programs. Staff also uses the TIP to coordinate future transportation projects with
needed utility improvements. The projects and programs identified in the TIP that increase
the capacity of the transportation system to address growth and development provide the
basis for the City’s transportation impact fee program. Projects must also be included in the
TIP to be eligible for state and federal grant funding.
RCW 35.77.010 requires that the TIP is amended by June 30 each year. A summary of the
proposed changes was presented at City Council Study Session on May 9, 2022.
NEXT STEPS:
The public hearing and adoption are scheduled for the June 21, 2022 City Council meeting.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:June 6, 2022 Item Number:CA.E
Page 18 of 150
Page 19 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP2102 (Gaub)
Date:
May 16, 2022
Department:
Public Works
Attachments:
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve an increase of $225,000.00 in the total maximum authorized contract amount for
Public Works Contract No. 21-33; Construction of Project No. CP2102 4th Street SE
Preservation – Auburn Way South to L Street SE.
Background for Motion:
Background Summary:
Auburn City Code (ACC) Chapter 3.10 specifies the total maximum authorized contract
amount for public work contracts based on contract value. The maximum authorized contract
amount includes the original contract amount plus an authorized contingency. The code allows
for administrative approval of change order work within the authorized contingency amount. If
additional contingency exists within the overall project budget, the code also allows the City
Council to increase the total maximum authorized contract amount, which is an increase to the
authorized contingency available for administrative approval.
CP2102 4th Street SE Preservation project will reconstruct 4th Street SE from Auburn Way
South to L Street SE. The project also includes replacement of underground utilities,
improved street lighting, construction of an enhanced pedestrian crossing at J Street SE,
construct sidewalk bulb-outs to encourage traffic calming and reduce pedestrian crossing
distances and replace sidewalks and curb ramps, as needed.
During construction, differing site conditions were found that require the revision of the
roadway pavement section to provide additional crushed rock base course under the
proposed asphalt pavement section.
To fund these changes, an increase in the total authorized contract amount of $225,000 will
be required, which is available within the existing overall project budget. After the allocation of
this additional construction contract contingency, the remaining project budget contingencies
are as follows:
$0.00 remains in the 103 Local Street Fund for the project.
$374,997 remains in the 105 Arterial Street Fund for the project.
Page 20 of 150
$112,874 remains in the 460 Water Utility Fund for the project.
$76,132 remains in the 461 Sewer Utility Fund for the project.
$268,264 remains in the 462 Storm Utility Fund for the project.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:June 6, 2022 Item Number:CA.F
Page 21 of 150
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
4th Street SE Preservation - Vicinity Map
1in =667 ft
12/15/2020Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Project Location
Page 22 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6859 (Gaub)
Date:
May 12, 2022
Department:
Public Works
Attachments:
Ordinance No. 6859
Exhibit A
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council adopt Ordinance No. 6859.
Background for Motion:
This Ordinance amends previous council actions to extend the time for the developer to
complete conditions associated with Right-of-Way Vacation No. V1-19, which vacates a
portion of the alley Right-of-Way north of 3rd Street NE between Auburn Avenue and B Street
NE.
Background Summary:
Davis Property and Investment has requested an extension of time to complete conditions
associated with Right-of-Way Vacation No. V1-19 that was previously approved on by City
Council on March 16, 2020, under Ordinance No. 6759. The vacation is for the alley north of
3rd Street NE and between Auburn Avenue and B Street NE. An extension was previously
granted by City Council on June 21, 2021, under Ordinance No. 6823. The current deadline
to complete the conditions of the right-of-way vacation is September 16, 2021.
City Staff supports an extension to April 30, 2023, as the applicant just recently received
approval of their development plans and notice to proceed with construction. This will align
the development’s completion of construction and the start of the City’s capital project
construction in the area.
If adopted, Ordinance No. 6859 amends Ordinance No. 6823 and 6759 extending the time
for the developer to complete conditions associated with Right-of-Way Vacation No. V1-19. A
depiction of the vacation area is included with Ordinance No. 6823, Exhibit A and the Vicinity
Map, in the packet.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:June 6, 2022 Item Number:ORD.A
Page 23 of 150
Page 24 of 150
- - - - - - - - - - - - - - - - -
Ordinance No. 6859
ROW Vacation V1-19
May 16, 2022
Page 1 of 3
ORDINANCE NO. 6859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, AMENDING ORD. 6759 AND
EXTENDING THE DEADLINE TO COMPLETE CONDITIONS
ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A
PORTION OF THE ALLEY NORTH OF 3RD STREET NE
BETWEEN B STREET NE AND AUBURN AVENUE WITHIN
THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington (“City”), passed Ordinance No. 6759 on
March 16, 2020, vacating its right-of-way located within a portion of the alley north of 3rd
Street NE, between B Street NE and Auburn Avenue, within the City, subject to conditions
outlined in that Ordinance; and,
WHEREAS, Section 1, Paragraph G of Ordinance No. 6759 required all conditions
of the vacation to be completed by September 16, 2021 or the vacation and Ordinance
would be null and void; and,
WHEREAS, pursuant to Auburn City Code (ACC) 12.48.090 and before the
September 16 deadline in Ordinance No. 6759, the applicant requested additional time to
complete the required vacation conditions in Ordinance No. 6759. The City Council granted
the request by passing Ordinance No. 6823, which amended Ordinance No. 6759 to extend
its vacation condition deadline to September 16, 2022. A copy of Ordinance No. 6823 is
attached as Exhibit A to this Ordinance; and,
WHEREAS, by letter dated March 31, 2022, the applicant has indicated that due to
factors outside the applicant’s control, they will not be able to complete the vacation
conditions by the September 16, 2022 deadline set by Ordinance No. 6823. The applicant
Page 25 of 150
- - - - - - - - - - - - - - - - -
Ordinance No. 6859
ROW Vacation V1-19
May 16, 2022
Page 2 of 3
requests additional time to complete the conditions, and estimates completion by April 30,
2023; and,
WHEREAS, the City has determined that the applicant has made a good faith effort
to meet the vacation conditions required by Ordinance 6759, and that the applicant’s request
to extend the condition completion deadline to April 30, 2023 is reasonable and in the public
interest given the unforeseeable circumstances encountered by the applicant; and,
WHERAS, the City Council has considered and approves the applicant’s request for
extension.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Amendment of City Ordinance. Section 1, paragraph G of
Ordinance No. 6759 is amended to read as follows:
G. This vacation shall be effective upon completion of the provisions in
paragraph E and F, above. The above described provisions must be
completed by September 16, 2021 April 30, 2023 or the vacation and
Ordinance will be null and void.
All other provisions of Ordinance No. 6759 shall remain in full force and effect.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in force
Page 26 of 150
- - - - - - - - - - - - - - - - -
Ordinance No. 6859
ROW Vacation V1-19
May 16, 2022
Page 3 of 3
five (5) days from and after passage, approval, and publication as provided by law.
Section 5. Recordation. The City Clerk is directed to record this Ordinance
together with Ordinance No. 6823 and Ordinance No. 6759 with the office of the King County
Auditor only upon completion of those provisions set forth in Ordinance No. 6759, at which
time the vacation pursuant to Ordinance No. 6759 shall be effective under Auburn City Code
12.48.080.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _____________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED: _______________
Page 27 of 150
ORDINANCE NO. 6823
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, AMENDING THE DEADLINE TO
COMPLETE CONDITIONS ASSOCIATED WITH VACATING
RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH OF
3RD STREET NE BETWEEN B STREET NE AND AUBURN
AVENUE WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington ("City"), approved Ordinance No. 6759
on March 16, 2020, a copy of which is attached as Exhibit A, vacating right-of-way located
within a portion of the alley north of 3rd Street NE, between B Street NE and Auburn Avenue,
within the City, subject to conditions outlined in Ordinance No. 6759; and,
WHEREAS, Section 1, Paragraph G of Ordinance No. 6759 required that all
conditions of the vacation be completed by September 16, 2021 or the vacation and
Ordinance will be null and void; and,
WHEREAS, the applicant has requested additional time to complete those provisions
set forth in Section 1, Paragraphs E, F and G of Ordinance No. 6759; and,
WHEREAS, the City has determined that the applicant's request to have until
September 16, 2022, is reasonable in light of unforeseeable circumstances and in the public
interest to continue the deadline; and,
WHERAS, the City Council has considered the request for extension.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Extension. The deadline for completion in Section 1, Paragraph G
of Ordinance No. 6759 is continued to September 16, 2022.
Ordinance No. 6823
ROW Vacation V1-19
May 26, 2021
Page 1 of 2
Exhibit A
Page 28 of 150
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date.This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Section 5. Recordation. The City Clerk is directed to record this Ordinance
together with Ordinance No. 6759 with the office of the King County Auditor only upon
completion of those provisions set forth in Ordinance No. 6759, at which time the vacation
pursuant to Ordinance No. 6759 shall be effective under Auburn City Code 12.48.080.
INTRODUCED:
JUN2 1 2021
PASSED: JUN 212021
APPROVED: JUN 2 12021
4._. . - - .
CY BAC US, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC,City Clerk Kendra Comeau, City Attorney
PUBLISHED IA) , t\k_otT\
Ordinance No. 6823
ROW Vacation V1-19
May 26, 2021
Page 2 of 2
Page 29 of 150
Exhibit A
ORDINANCE NO. 6759
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A
PORTION OF THE ALLEY NORTH OF 3RD STREET NE
BETWEEN B STREET NE AND AUBURN AVENUE WITHIN
THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington ("City"), has received a petition signed
by at least two-thirds (2/3) of the owners of property abutting to right-of-way located within a
portion of the alley north of 3rd Street NE, between B Street NE and Auburn Avenue, within
the City, requesting vacation of the right-of-way; and,
WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing
was held in connection with the possible vacation, with notice having been provided
pursuant to statute; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, held on the 16th day of March, 2020, at the Auburn City
Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-coded ordinance as follows:
Section 1. Vacation. That the right of way located at a portion of the Alley
north of 3rd Street NE, between B Street NE and Auburn Avenue located within the City of
Auburn, Washington, legally described as follows:
THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH,
ADJACENT TO AND COINCIDENT WITH THE EAST LINE OF
LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW
ADDITION TO AUBURN, ACCORDING TO THE PLAT
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 1 of 6
Page 30 of 150
THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68,
IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 6
OF SAID BLOCK 2 OF SAID PLAT;
THENCE SOUTH 89°17'20" EAST, 57.00 FEET ALONG THE
SOUTH LINE OF SAID LOT 6 TO THE SOUTHWEST
CORNER OF THAT PORTION CONVEYED TO THE CITY OF
AUBURN FOR STREET PURPOSES BY DEED RECORDED
UNDER RECORDING NO. 7807170275;
THENCE NORTH 76°21'00" EAST, 44.37 FEET ALONG THE
NORTH LINE, TO THE NORTHEAST CORNER OF SAID
PORTION CONVEYED TO THE CITY OF AUBURN, BEING
THE WEST MARGIN OF SAID ALLEY AND THE TRUE POINT
OF BEGINNING;
THENCE NORTH 00°38'08" EAST, 169.00 FEET ALONG
SAID WEST MARGIN TO THE NORTHEAST CORNER OF
LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN;
THENCE ALONG THE NORTHERLY PROLONGATION OF
SAID LOT 3, SOUTH 89°17'30" EAST, 10.00 FEET TO THE
EAST MARGIN OF SAID ALLEY;
THENCE SOUTH 00°38'08" WEST, 165.00 FEET ALONG
SAID EAST MARGIN TO THE MOST WESTERLY
NORTHWEST CORNER OF THAT PORTION CONVEYED
TO THE CITY OF AUBURN FOR STREET PURPOSES BY
DEED RECORDED UNDER RECORDING NO. 7807170274;
THENCE SOUTH 68°53'49" WEST, 10.77 FEET TO SAID
NORTHEAST CORNER OF THAT PORTION CONVEYED TO
THE CITY OF AUBURN FOR STREET PURPOSES BY DEED
RECORDED UNDER RECORDING NO. 7807170275 AND
THE WEST MARGIN OF SAID ALLEY AND THE POINT OF
BEGINNING.
CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038
ACRES +/-)
Also identified as Exhibit "A".]
and as shown on the survey, a copy of which is attached, marked Exhibit"B" is vacated and
the property lying in the right-of-way described, shall inure and belong to those persons
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 2 of 6
Page 31 of 150
entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the
following:
A. Reservation in favor of the City of a perpetual Nonexclusive
Easement under, over, through and across the vacated right-of-way as described above
for the purpose of laying, maintaining, and installing future and existing sanitary sewer
facilities and including a reservation in favor of the City of the right to grant easements for
utilities over, under and on all portions of the vacated right-of-way as described above.
The City shall have the absolute right, at times as may be necessary for immediate
entry upon said Easement Area for the purpose of maintenance, inspection, construction,
repair or reconstruction of the above improvements without incurring any legal obligation
or liability.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent properties agree and shall not in any way block, restrict
or impede access and egress to or from said Easement Area, and /or in any way block,
restrict or impede full use of the real property within the Easement Area by the City for
the above described purposes. No building, wall, rockery, fence, trees, or structure of
any kind shall be erected or planted, nor shall any fill material be placed within the
boundaries of said Easement Area, without the express written consent of the City. No
excavation shall be made within three feet of said facilities and the surface level of the
ground within the Easement Area shall be maintained at the elevation as currently
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 3 of 6
Page 32 of 150
existing.
This easement shall be a covenant running with the adjacent property parcels and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties.
B. Under the terms of the reservation set out in Paragraph A above and in
accordance with RCW 35.79.030, the City grants a private utility easement to Puget
Sound Energy over, under, and upon the vacated right-of-way as described above for the
construction, operation, maintenance, repair, replacement, improvement and removal of
electric distribution facilities. The owners of the adjacent property shall not erect any
structures on the easement and shall not place trees or other obstructions on the
easement that would interfere with the exercise of Grantees' rights.
C. Under the terms of the reservation set out in Paragraph A above and in
accordance with RCW 35.79.030, the City grants a private utility easement to CenturyLink
over, under and upon the vacated right-of-way as described above for the construction,
operation, maintenance, repair, replacement, improvement and removal of wireline
telecommunications facilities. The owners of the adjacent properties shall not erect any
structures on the easement and shall not place trees or other obstructions on the
easement that would interfere with the exercise of Grantees' rights.
D. It is provided, however that such reserved or granted utility and access
easements as set out in Paragraphs A, B and C above may be modified to accommodate
a removal, relocation and sitting of the affected utility lines if the City and the property
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 4 of 6
Page 33 of 150
owners on whose property the utility lines are located agree to the removal relocations
and sitting being paid by said property owners and with the removal relocation and sitting
being done in conformity with applicable standards.
E. The property owners of Parcel Nos. 5405100015 and 5405100025 shall
reserve and grant a public access easement across those parcels from the southern
terminus of the existing public alley(following vacation) to B Street NE and shall construct
such public access easement to City standards for the purposes of allowing vehicular,
pedestrian and emergency access to and from the southern terminus of the existing public
alley (following vacation) to and from B Street NE.
F. Direct access from the vacation area to 3rd Street NE and from Parcel No.
0492000480 to Auburn Avenue shall be permanently closed. The Developer will be
required to remove curb cuts and driveways and replace with sidewalks in accordance
with City Standards upon reservation and construction of such access easement in
paragraph E, above.
G. This vacation shall be effective upon completion of the provisions in
paragraph E and F, above. The above described provisions must be completed by
September 16, 2021 or the vacation and Ordinance will be null and void.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the Ordinance
or the application of the provisions to other persons or circumstances shall not be affected.
Section 3. Implementation. The mayor is authorized to implement such
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 5 of 6
Page 34 of 150
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after passage, approval, and publication as provided by law.
Section 5. Recordation. The City Clerk is directed to record this Ordinance
with the office of the King County Auditor only upon completion of those provisions set forth
in Section 1, Paragraphs E, F, and G, above, at which time the vacation pursuant to this
Ordinance shall be effective under Auburn City Code 12.48.080.
INTRODUCED: MAR 1 6 1020
PASSED: MAR 1 6 2O2
APPROVED: MAR 1 6 2020
if: - - _11041114
NA`4 ., BACKUS, MAYOR
ATTEST:
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
Kendra Comeau, City Attorney
PUBLISHED: MAYIh Ven
UV tN Ill SeOrklki 1MS
Ordinance No. 6759
ROW Vacation V1-19
January 6, 2020
Page 6 of 6
Page 35 of 150
EXHIBIT"A"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH, ADJACENT TO AND COINCIDENT WITH
THE EAST LINE OF LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW ADDITION TO
AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 2 OF SAID PLAT;
THENCE SOUTH 89°17'20" EAST, 57.00 FEET ALONG THE SOUTH LINE OF SAID LOT 6 TO THE
SOUTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275;
THENCE NORTH 76°21'00"EAST,44.37 FEET ALONG THE NORTH LINE,TO THE NORTHEAST
CORNER OF SAID PORTION CONVEYED TO THE CITY OF AUBURN, BEING THE WEST MARGIN
OF SAID ALLEY AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 00°38'08"EAST, 169.00 FEET ALONG SAID WEST MARGIN TO THE NORTHEAST
CORNER OF LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN;
THENCE ALONG THE NORTHERLY PROLONGATION OF SAID LOT 3, SOUTH 89°17'30" EAST,
10.00 FEET TO THE EAST MARGIN OF SAID ALLEY;
THENCE SOUTH 00°38'08"WEST, 165.00 FEET ALONG SAID EAST MARGIN TO THE MOST
WESTERLY NORTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN
FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170274;
THENCE SOUTH 68°53'49"WEST, 10.77 FEET TO SAID NORTHEAST CORNER OF THAT PORTION
CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER
RECORDING NO. 7807170275 AND THE WEST MARGIN OF SAID ALLEY AND THE POINT OF
BEGINNING.
CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038 ACRES +1-)
D. Gt
O
7"1.+
4315 f•
pN snND
Oucrrc +'
Project Name: Merritt Building
March 13,2019
Revised September 19,2019
Job No.20449
BDG/JSE
20449L.001.doc
Page 36 of 150
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Page 37 of 150
262.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet262.7131.40
1:1,576
ROW Vacation #V1-19 Alley north of 3rd St NE between B St NE & Auburn Ave
1in =131 ft
12/13/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 38 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6865 (Tate)
Date:
June 1, 2022
Department:
Community Development
Attachments:
Attachment A - ORD 6865 - Contract Rezone
Attachment B - ORD 6865 - Exhibit A
Attachment C - ORD 6865 - Exhibit B
Attachment D - ORD 6865 - Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6865 approving Auburn Townhomes
Amendment (Rezone) without conditions as recommended by the Hearing Examiner.
Background for Motion:
Ordinance No. 6865 amends the contract rezone adopted as Ordinance 4456 to include
Live/Work as a permitted use within only the subject parcel King Co. Parcel No. 000080-0053
Background Summary:
Request to amend contract rezone (Ordinance No. 4456) of approx. 7.7 acres (four parcels)
of C-3, Heavy Commercial zoned properties to include “Live/Work” as an allowed use for
parcel (King Co. Parcel No. 000080-0053) of the four original parcels. The other three
parcels included in original contract rezone are not part of this contract rezone amendment
application request and are already developed and will remain consistent with requirements
outlined in Section 4 of Ordinance No. 4456. A contract rezone was implemented at the time
patterned after the C-3, Heavy Commercial but with a more limited range of allowed uses.
The “Live/Work” was not included as a permitted use in the contract rezone adopted in
September 1990 because this was not a typical use at the time, however current city code
allows “Live/Work” as a permitted use in C-3, Heavy Commercial zone per Section
18.23.030.
On April 20, 2022 a public hearing was held, and the Hearing Examiner recommended to City
Council that the Auburn Townhomes contract rezone amendment be adopted without
conditions. A Determination of Non-Significance was issued on February 10, 2022 and no
public comments were received during the public comment period and there were no
appeals.
Ordinance No. 6865 and related materials were presented at the May 23, 2022 City Council
Study Session.
Reviewed by Council Committees:
Page 39 of 150
Councilmember:Stearns Staff:Tate
Meeting Date:June 6, 2022 Item Number:ORD.B
Page 40 of 150
- - - - - - - - - - - - - - - -
Ordinance No. 6865
May 12, 2022
Page 1 of 4
ORDINANCE NO. 6 8 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
4456 TO PERMIT “LIVE/WORK” LAND USE FOR ONE
PARCEL AND CONSISTENCY WITH CURRENT C-3,
HEAVY COMMERCIAL ZONE.
WHEREAS, the City Council of the City of Auburn, Washington, adopted, on
September 4, 1990, Ordinance No. 4456 which approved a contract rezone consisting of
four parcels from M-1, Light Industrial to C-3, Heavy Commercial; and
WHEREAS, Ordinance No. 4456 was adopted as a contract rezone patterned after
the then, range of land uses allowed in the C-3, Heavy Commercial zoning district but
with a more limited set of land uses that were appropriate given the vicinity and to reduce
or avoid impacts; and
WHEREAS, Ordinance No. 4456 included an extensive list of authorized uses
within the contract rezone, which did not include “Live/Work” as a permitted use because
the development type was not typical; and
WHEREAS, ACC 18.23.030 currently allows for “Live/Work” land uses in the city’s
C-3, Heavy Commercial zoning district; and
WHEREAS, Brent Lambeth, of Lambeth Architecture, Applicant’s Representative,
submitted a rezone application on October 13, 2022 for King County Parcel No. 000080-
0053; and
WHEREAS, the environmental impacts of the proposed rezone were considered
in accordance with procedures of the State Environmental Policy Act with a Determination
of Non-Significance issued on February 10, 2022; and
WHEREAS, after proper notice published in the City’s official newspaper at least
Page 41 of 150
- - - - - - - - - - - - - - - -
Ordinance No. 6865
May 12, 2022
Page 2 of 4
ten (10) days prior to the date of public hearing, the City of Auburn Hearing Examiner
heard public testimony and took evidence and exhibits into consideration; and
WHEREAS, on April 20, 2022 the City of Auburn Hearing Examiner recommended
approval of the contract rezone amendment application, and made and entered findings
of fact and conclusions of law based thereon in support of that recommendation, as set
forth in the Findings of Fact, Conclusions of Law and Recommendation of the Hearing
Examiner attached hereto, marked as Exhibit “A” and incorporated herein by this
reference; and
WHEREAS, the City Council concurs with the findings of fact and conclusions of
law of the Hearing Examiner; and
WHEREAS, Section 4, of Ordinance No. 4456, marked as Exhibit “B” is amended
as follows, only for King County Parcel No. 000080-0053, to add the following:
ZZ. Live/Work Units
The three other parcels indicated in Ordinance No. 4456 are to remain consistent with
Section 4 requirements indicated in Ordinance No. 4456.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner’s Findings of Fact and
Conclusions of Law. The City Council adopts the findings of fact and conclusions of law
based thereon, made and entered by the Hearing Examiner in support of the
Page 42 of 150
- - - - - - - - - - - - - - - -
Ordinance No. 6865
May 12, 2022
Page 3 of 4
recommendation to the City Council, as set forth in the “Findings of Fact, Conclusions of
Law and Recommendation for the Auburn Townhomes Rezone, City File Number REZ21-
0001, dated May 4, 2022”, attached hereto, marked as Exhibit “A”.
Section 2. Approval. The City Council adopts and approves the request to
amend Ordinance No. 4456 to allow “Live/Work” as a permitted applicable to King County
Parcel No. 000080-0053.
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 5. Recordation. Upon the passage, approval and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor’s Division.
Section 6. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
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Ordinance No. 6865
May 12, 2022
Page 4 of 4
Section 7. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage, approval, and publication, as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
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Page 54 of 150
Rezone Recommendation p. 1
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Auburn Townhomes Rezone
REZ21-0001
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION
INTRODUCTION
The Applicant has requested an amendment to a contract rezone, specifically to
authorize live/work units as a permitted use at a parcel located on the north side of
16th St. NW between ‘A’ St. NW and ‘B’ St.. It is recommended that the City
Council approve the requested amendment.
The proposed amendment is straightforward and relatively minor. The City Council
approved a contract rezone for the project site in 1990. The contract rezone included
an extensive list of authorized uses. Live/work units were not included in that list
because that use was not recognized in the City’s zoning code at the time. The
contract rezone designated the property as C-3, the same zoning that applies to
properties on the west, east and south sides of the project site. Live/work units are
currently permitted outright in the C-3 zone1. As discussed in more detail below,
existing surrounding uses are generally compatible with live/work units, most notably
a hotel on the east side of the project site and short-term housing on the west side.
1 Although live/work units are authorized in the C-3 zone, it appears that the same
contract rezone that applies to the subject property also applies to other properties
north of 16th as well. See Ex. 8, p. 5. In this regard, live/work units may not be
authorized in some of the surrounding C-3 property. As shown in the zoning map
excerpt below, however, the project site is in a large area of C-3 zoned property that
extends significantly south of 16th.
Page 55 of 150
Rezone Recommendation p. 2
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TESTIMONY
A computer-generated transcript has been prepared of the appeal hearing to provide
an overview of the hearing testimony. The transcript is provided for informational
purposes only as Appendix A. Since the transcript is computer generated, it is not
100% accurate, but does provide a useful indication of what testimony was presented
during the hearing.
EXHIBITS
Exhibits 1-9 identified in the Exhibit List at page 6 of the April 20, 2022 staff report
were admitted into the record during the April 20, 2022 public hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. The Applicant is Rajinder Khera, Swami Investments, 7812
120th Street Surrey, BC V3W3N2.
2. Hearing. A virtual hearing on the application was held on April 20, 2022
at 5:30 p.m., Zoom Meeting ID No. 863 7728 1404.
Substantive:
3. Site/Proposal Description. The Applicant has requested an amendment to
a contract rezone, specifically to authorize live/work units as a permitted use at a
parcel located on the north side of 16th St. NW between ‘A’ St. NW and ‘B’ St..
The City Council approved the contract rezone in 1990 for four parcels totaling 7.7
acres. The parcel subject to the rezone is approximately 7,500 square feet in area2.
Live/Work is not included as a permitted use in the contract rezone.
A live/work unit is defined by ACC 18.04.527 as follows:
“Live/work unit” means an integrated housing unit and working space,
occupied and utilized by a single household in a structure, either single
dwelling or multi-unit dwelling, that has been designed or structurally
modified to accommodate joint residential occupancy and work activity,
and which includes:
A. A complete dwelling unit; and
2 The staff report identifies the project site as rectangular with a width of 50 feet and
length of 150 feet.
Page 56 of 150
Rezone Recommendation p. 3
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B. Working space reserved for and regularly used by one or more
occupants of the dwelling unit.
The difference between a live/work unit and a work/live unit (defined in
ACC 18.04.913) is that the “work” component of a live/work unit is
secondary to its residential use, and may include only commercial
activities and pursuits that are compatible with the character of a quiet
residential environment, while the work component of a work/live unit is
the primary use, to which the residential component is secondary.
Live/work units are currently authorized in the C-3 zone (Heavy Commercial
District), which is the zoning of the adjoining properties to the south, east and west
(however, see Footnote No. 1).
According to the SEPA checklist for the project site, Ex. 3, the property is
undeveloped and currently used for overflow parking.
4. Characteristics of the Area: As previously mentioned, parcels to the
south, east and west are zoned C-3. The parcel to the north is zoned M-1 Light
Industrial. The subject parcel is located on the north side of 16th St. NW with a
Comfort Inn Hotel located on its east side and a former Clarion Hotel located on its
west side. The C-3 parcels located across 16th St. are either vacant or occupied by
Public Storage and Self Storage. McKeeson Warehousing is located to the north and
an airfield to the northeast. According to the testimony of staff, the Clarion Hotel has
recently been purchased by King County to be used for short term housing. As of a
couple weeks prior to the hearing, staff testified that the Clarion property was “gated
off.” Surrounding zoning is depicted in the zoning map excerpt pasted below:
Page 57 of 150
Rezone Recommendation p. 4
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5. Adverse Impacts. There are no significant adverse impacts associated
with the proposal. The proposed live/work addition to the contract rezone is
compatible with the lodging and residential uses currently in place on the adjoining
Clarion/King County and Comfort in parcels. Live/work units are also already
permitted use in the C-3 zone, which adjoins the property on three sides. It is also not
anticipated that live/work units will create any more significant impacts than all the
other more intense uses already authorized in the contract rezone. The uses
authorized by the contract rezone are identified in a list of almost 70 uses, including
retail stores, hotels, schools and personal service shops. See Ex. 8. In terms of
surrounding uses creating adverse impacts to live/work units, the existing uses
identified in Finding of Fact No. 4 appear to be well suited for proximity to
residential use, except for the airport landing field and warehouse use located to the
north.
There are no critical areas at the project site except for an aquifer recharge area,
which is present at a large portion of the City. The live/work units in any event would
not be expected to create any greater impact to critical areas than the multitude of
uses already authorized by the contract rezone. 16th St. NW, which serves the site, is
a two-lane minor arterial. Live/work units are not anticipated to create any greater
traffic demand on 16th in comparison to other uses authorized for the project site. As
identified in the staff report, any development on the site would be required to
provide adequate facilities of public and private utilities such as water, sewer, and
electricity.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.68.030(B)(1)(a) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone requests
to the City Council if the Planning Director determines that the rezone requests are
consistent with the Comprehensive Plan. The Planning Director has determined that
the rezone request is consistent with the Comprehensive Plan.
Substantive:
2. Comprehensive Plan Land Use Map Designation. The Comprehensive
Plan Land Use Map designation for the proposed rezone area is Heavy Commercial.
3. Case Law Review Criteria and Application. The proposal meets the legal
criteria for approval of a site-specific rezone.
As with many local jurisdictions, the Auburn City Code does not include any criteria
for rezone applications. Washington appellate courts have imposed some rezone
criteria. Those courts require that the proponents of a rezone establish that conditions
Page 58 of 150
Rezone Recommendation p. 5
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have substantially changed since the original zoning and that the rezone must bear a
substantial relationship to the public health, safety, morals or welfare. See Ahmann-
Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone “implements” the
Comprehensive Plan, a showing that a change of circumstances has occurred is not
required. Id. at 112.
The public health, safety and welfare criterion is easily met. As determined in
Finding of Fact No. 5, the proposal will not create any significant adverse impacts.
The proposal will also facilitate the accommodation of urban growth in the City,
which meets numerous policy objectives of the Growth Management Act.
The change in circumstances criterion is not so easily addressed due to some
ambiguities in that judicial requirement. Staff have taken the position that no change
in circumstances is required because the proposal “implements” the comprehensive
plan by being consistent with the comprehensive plan. As testified by Mr. Steiner
during the hearing, the proposed contract amendment is consistent with the
comprehensive plan because it would not necessitate an amendment to the
comprehensive plan “Heavy Commercial” map designation.
The staff position is reasonable, however also somewhat questionable. RCW
36.70A.120 already requires zoning code amendments to be consistent with the
comprehensive plan. Consequently, the staff position on what “implements” means
renders the judicial standard for change of circumstances entirely meaningless.
Under the judicial standard, a change of circumstances is only evaluated if a proposed
rezone is inconsistent with the comprehensive plan. But RCW 36.70A.120 prohibits
the approval of inconsistent rezones, so there would be no reason to ever consider
change of circumstances.
It is recognized that RCW 36.70A.120 was adopted in 1993 and the judicial
requirement for implementing the comprehensive plan traces back to opinions issued
before that date. It is possible that the courts have simply neglected to update their
rezone criteria to factor in the impact of RCW 36.70A.120. Taking a moderately
conservative approach, however, it is best to presume that the Ahmann-Yamane, LLC
court was aware of current law when it applied the comprehensive plan criterion. See
State v. Koontz, No. 30879-1-III (Wash. Ct. App. Nov. 26, 2013) (“The judge is
presumed to know the law.”).
Miriam Webster defines “implement” as “to give practical effect to and ensure of
actual fulfillment by concrete measures.” At the least, if implementing the
comprehensive plan is to mean more than simply being consistent with the plan, the
proposed rezone should better serve to fulfill the objectives of the plan than currently
allowed uses. The “live/work” amendment arguably does provide for that better fit
by adding to the variety of housing in Auburn. The housing element of the
comprehensive plan references a need and goal for a variety of housing in multiple
sections. See Comprehensive Plan Affordable Housing Element Vision (H-1),
Page 59 of 150
Rezone Recommendation p. 6
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Conditions and Trends (H-2, H-4), Healthy Homes and Neighborhoods (H-5), Variety
Policy No. H-10.
Even if the proposal isn’t construed as implementing the comprehensive plan, it still
meets the rezone criteria for approval because of a change in circumstances. As
testified by staff, the King County housing and Comfort Inn uses that surround the
project site were added to the area after the contract rezone was originally adopted in
1990. The addition of these uses qualifies as a change in circumstances since they
provide better assurance that live work arrangements on the subject property will be
compatible with surrounding uses as opposed to the wide range of uses otherwise
permitted in the C-3 zone.
An even more compelling change in circumstance is that the “live/work” use wasn’t a
use that was recognized in Auburn’s zoning code in 1990. According to staff, the
concept was more recently adopted into the C-3 zoning designation. In short, the
proposed amendment seeks to take advantage of a residential use that didn’t exist
when the contract rezone was adopted.
For the reasons identified above, the proposed rezone is justified by both a change in
circumstances and arguably because it serves to implement the comprehensive plan.
All criteria for a rezone are met.
RECOMMENDATION
It is recommended that the City Council approve REZ21-0001.
DATED this 4th day of May, 2022.
City of Auburn Hearing Examiner
Page 60 of 150
Exhibit D – Site Vicinity
Page 61 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6866 (Caillier/Comeau)
Date:
May 25, 2022
Department:
Police
Attachments:
Ordinance No. 6866
Ordinance No. 6866 Exhibit A ACC 9-26
Ordinance No. 6866 Exhibit B ACC 9-42
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council adopt Ordinance No. 6866.
Background for Motion:
Ordinance number 6866 amends ACC 9.26.900 and ACC 9.42.900 to make correct
references to newly created RCW 7.105.
Background Summary:
Ordinance number 6866 amends ACC 9.26.900 and ACC 9.42.900 related to domestic
violence enforcement in the City. These amendments are required to conform to recent state
law changes in ESSHB 1320, which moved several current RCW’s related to domestic
violence to newly created RCW chapter 7.105. Ordinance 6866 updates current City Code to
make the correct references to the new RCW chapter, which takes effect on July 1st, 2022.
Staff recommends the adoption of this ordinance.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier/Comeau
Meeting Date:June 6, 2022 Item Number:ORD.C
Page 62 of 150
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Ordinance No. 6866
May 18, 2022
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS OF THE
AUBURN CITY CODE TO CONFORM TO RCW CHANGES
RESULTING FROM ESSHB 1320
WHEREAS, Auburn City Code (ACC) sections 9.26.900 and 9.42.900 adopt by
reference several sections of RCW 10.14 and RCW 26.50 pertaining to domestic violence
and harassment enforcement;
WHEREAS, on May 10, 2021, the State Legislature passed ESSHB 1320, which
moves the RCW sections adopted by ACC 9.26.900 and 9.42.900 from RCW chapters
10.14 and 26.50 to RCW 7.105, a newly created RCW chapter. This State law change
takes effect on and after July 1, 2022;
WHEREAS, revising ACC 9.26.900 and 9.42.900 is necessary to update these
adopted RCW references to conform with the RCW changes resulting from the passage
of ESSHB 1320.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 9.26.900 of the Auburn City
Code is amended to read as set forth in Exhibit A to this Ordinance.
Section 2. Amendment to City Code. Section 9.42.900 of the Auburn City
Code is amended to read as set forth in Exhibit B to this Ordinance.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Page 63 of 150
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Ordinance No. 6866
May 18, 2022
Page 2 of 2 Rev. 2019
Section 4. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 5. Effective date. Upon its passage, approval, and publication as
provided by law, and to coincide with the effective date in ESSHB 1320, this Ordinance
will take effect and be in force on and after July 1, 2022.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 64 of 150
EXHIBIT A—ORDINANCE NO. 6866
ACC 9.26.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference, as now enacted or
hereafter amended:
RCW
RCW 9A.36.150 Interfering with the reporting of domestic violence
RCW 9A.42.080 Abandonment of a dependent person in the third degree
RCW 10.99.010 Purpose—I and intent
RCW 10.99.020 Definitions
RCW 10.99.040 Restrictions upon and dDuties of court—No-contact order
RCW 10.99.045 Appearances by defendant—Defendant’s history— – No-
contact order
RCW 10.99.080 Domestic violence) pPenalty assessments
RCW 26.09.300 Restraining orders—Notice—Refusal to comply—Arrest—
Penalty—Defense—Peace officers, immunity
RCW 7.105 All sections within RCW Chapter 7.105
26.50.010 Definitions
26.50.020 Commencement of action – Jurisdiction – Venue
26.50.030 Petition for order for protection – Availability of forms and
instructional brochures – Filing fee, when required –
Bond not required
26.50.040 Application for leave to proceed in forma pauperis
26.50.050 Hearing – Service – Time
26.50.060 Relief – Realignment of designation of parties
26.50.070 Ex parte temporary order for protection
26.50.080 Issuance of order – Assistance of peace officer –
Designation of appropriate law enforcement agency
26.50.090 Order – Service – Fees
26.50.110 Violation of order – Penalties
26.50.130 Order – Modification – Transmittal
26.50.140 Peace officers – Immunity
26.50.200 Title to real estate – Effect
26.50.210 Proceedings additional
Page 65 of 150
EXHIBIT B—ORDINANCE NO. 6866
ACC 9.42.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference, as now enacted or
hereafter amended:
RCW
RCW 9.61.240 Telephone harassment – Permitting telephone to be used
RCW 9.61.250 Telephone harassment – Offense, where deemed committed
RCW 9A.46.030 Place where committed
RCW 9A.46.040 Court-ordered requirements upon person charged with crime –
Violation
RCW 9A.46.050 Arraignment – No-contact order
RCW 9A.46.060 Crimes included in harassment
RCW 9A.46.080 Order restricting contact – Violation
RCW 9A.46.090 Nonliability of peace officer
RCW 9A.46.100 “Convicted,” time when
RCW 9A.46.110(6) Stalking [Definitions]
RCW 7.105.455 Enforcement and penalties—Antiharassment protection orders
10.14.170 Criminal penalty [Harassment]
Page 66 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6867 (Caillier/Comeau)
Date:
May 25, 2022
Department:
Police
Attachments:
Ordinance No. 6867
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to adopt Ordinance No. 6867
Background for Motion:
Ordinance 6867 repeals section 9.34.030 of the Auburn City Code in order to be in
compliance with the 2022 Washington State Supreme Court ruling in Bass V. City of
Edmonds.
Background Summary:
Ordinance 6867 repeals ACC section 9.34.030 which regulates discharging firearms in the
City. Similarly, RCW 9.41.230 regulates discharging firearms throughout the State. ACC
9.34.900 has already adopted RCW 9.41.230 by reference. The 2022 State Supreme Court
ruling in Bass v. City of Edmonds declared the State fully occupies and preempts the field of
firearms regulation. This decision establishes that ACC 9.34.030 is preempted by State
RCW and staff recommends the adoption of this ordinance.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier/Comeau
Meeting Date:June 6, 2022 Item Number:ORD.D
Page 67 of 150
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Ordinance No. 6867
May 18, 2022
Page 1
ORDINANCE NO. 6867
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REPEALING SECTION 9.34.030
OF THE AUBURN CITY CODE, RELATED TO DISCHARGING
FIREARMS WITHIN THE CITY
WHEREAS, Auburn City Code (ACC) section 9.34.030 regulates discharging
firearms in the City. RCW 9.41.230 similarly regulates discharging firearms throughout
the State. The City has adopted RCW 9.41.230 by reference in ACC 9.34.900;
WHEREAS, RCW 9.41.290 provides that the State fully occupies and preempts
the field of firearms regulation;
WHEREAS, in Bass v. City of Edmonds (No. 99596-6, Wash. April 21, 2022), the
Washington Supreme Court invalidated an Edmonds firearms ordinance that conflicted
with State firearms law. The Court ruled that RCW 9.41.290 preempted the Edmonds
ordinance;
WHEREAS, the Bass decision establishes that ACC 9.34.030 is similarly
preempted by State law and should be repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Repeal of City Code Section. Section 9.34.030 of the Auburn City
Code is hereby repealed.
Section 2. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
Page 68 of 150
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Ordinance No. 6867
May 18, 2022
Page 2
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
Introduced: ____________________________
Passed: _______________________________
Approved: _____________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
PUBLISHED: ___________________
Page 69 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6869 (Caillier/Comeau)
Date:
May 25, 2022
Department:
Police
Attachments:
Ordinance No. 6869
Ordinance No. 6869 Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council adopt Ordinance No. 6869.
Background for Motion:
Ordinance 6869 amends ACC 10.36.263 to add enforcement measures related to repeat
parking violations in City parking facilities. Generally, Ordinance 6869 will allow the City to
pursue criminal enforcement of repeat offenders in City parking lots. For example, cars that
return to a City lot day after day, can be given a trespass admonishment, can be impounded
in addition to the general infraction route. This will help us have a longer lasting impact with
additional options to use.
Background Summary:
Ordinance 6869 amends ACC 10.36.263 to add enforcement measures related to repeat
parking violations in City parking facilities. The Ordinance defines a “multiple offender” within
a 24 hour period and a corresponding infraction. The amendment adds the ability of the City
to issue a trespass admonishment to an individual associated with a vehicle, after being found
by a court to have committed 3 or more separately issue parking infractions at the specific
location. It also adds the ability to impound a vehicle that has been found by a court to have
committed 3 or more separately issued parking infractions at a specific location.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Caillier/Comeau
Meeting Date:June 6, 2022 Item Number:ORD.E
Page 70 of 150
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Ordinance No. 6869
May 18, 2022
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 10.36.263
OF THE AUBURN CITY CODE RELATED TO CONTINUOUS
OR MULTIPLE VEHICLE PARKING VIOLATIONS ON CITY
OWNED OR CONTROLLED PROPERTY
WHEREAS, Auburn City Code (ACC) section 10.36.263 regulates continuous and
multiple parking violations on City owned or controlled property as a $50.00 infraction;
WHEREAS, repeat and ongoing parking violations at various locations in the City
continue to impact motorists and the community despite the provisions of ACC 10.36.263;
WHEREAS, ACC 10.63.263 should be updated to add potential enforcement
measures that will more effectively address repeat and ongoing parking violations within
the City. Adopting such measures would be in the best interests of the City and its
residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 10.36.263 of the Auburn City
Code is amended to read as set forth in Exhibit A to this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement the
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 71 of 150
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Ordinance No. 6869
May 18, 2022
Page 2 of 2 Rev. 2019
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 72 of 150
EXHIBIT A—ORDINANCE NO. 6869
ACC 10.36.263 Continuous or multiple parking – Multiple violations.
A. Continuous or multiple parking violations. Any person or vehicle in continuous
violation of any parking restriction in this title within a single 24 hour period, or any
person or vehicle found in violation of in continuous violation of any the parking
restriction in time limit provisions of this title 3 or more separate times within a single 24-
hour period , or any person who commits multiple violations of the parking time limit
provisions of this title, within the same 24-hour period, may also be additionally cited
under this section as a multiple offender. This offense is and such act shall be an
infraction which shall be punishable by a $50.00 fine of $50.00.
B. Additional penalties for multiple parking violations.
1. Trespass admonishment. In addition to the subparagraph A penalties, City officials
may issue trespass admonishments to any person owning, operating or otherwise
associated with a vehicle parked at a City owned or controlled parking lot or facility after
being found by a court to have committed 3 or more separately issued parking
infractions at the location. The issued admonishment may prohibit the person from
returning to the location for a time period specified in the admonishment.
2. Vehicle impound. Vehicles parked on a City right of way or at a City owned or
controlled parking lot or facility after being found by a court to have committed 3 or more
separately issued parking infractions at the location may be impounded by the Chief of
Police or designee. Redemption of any such impounded vehicle shall be as provided in
RCW 46.55 and other applicable law.
Page 73 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6871 (Backus)
Date:
June 1, 2022
Department:
Administration
Attachments:
Ordinance 6871
Ordinance 6871 Exhibit
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to adopt Ordinance No. 6871
Background for Motion:
Background Summary:
Ordinance 6871 recognizes Juneteenth and Native American Heritage Day as city legal
holidays.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Backus
Meeting Date:June 6, 2022 Item Number:ORD.F
Page 74 of 150
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Ordinance No. 6871
June 1, 2022
Page 1 of 2 Rev. 2019
ORDINANCE NO. 6871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 2.63.010
OF THE AUBURN CITY CODE TO RECOGNIZE
JUNETEENTH AND NATIVE AMERICAN HERITAGE DAY
AS CITY LEGAL HOLIDAYS
WHEREAS, Auburn City Code (ACC) section 2.63.010 sets forth legal holidays
that City employees are entitled to observe;
WHEREAS, on May 13, 2021, the Washington State Legislature passed SHB
1016, amending RCW 1.16.050 to add June 19 as a State legal holiday to be known as
“Juneteenth”;
WHEREAS, on June 17, 2021, President Biden enacted PL 117-17, amending 5
U.S.C. §6103 to add June 19 as a federally recognized legal public holiday to be known
as “Juneteenth National Independence Day”;
WHEREAS, RCW 1.16.050(1)(k) recognizes the day after Thanksgiving as a
State holiday known as “Native American Heritage Day”; and
WHEREAS, the City wishes to enact similar legislation recognizing June 19 and
the day after Thanksgiving as annually occurring City legal holidays. In doing so, the City
adopts by reference the State Legislature’s findings contained in Section 1 of SHB 1016,
and Governor Jay Inslee’s recitals in his November 25, 2021 Proclamation of Native
American Heritage Month and Native American Heritage Day.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 2.63.010 of the Auburn City
Code is amended to read as set forth on Exhibit A to this Ordinance.
Page 75 of 150
--------------------------------
Ordinance No. 6871
June 1, 2022
Page 2 of 2 Rev. 2019
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Published: ____________________
Page 76 of 150
EXHIBIT A – ORD. 6871
ACC 2.63.010 City Legal HolidaysDesignated generally.
A. City holidays generally. All monthly and hourly employees of the city shall be
entitled to observe the following legal holidays, with the exception of those employees
specifically assigned to operating duties, emergency work, or special maintenance
service, who shall said employees to be granted one working day off in lieu of the
holiday:
1. The first day of January, commonly known as New Year’s Day;
2. The third Monday of January, being celebrated as the anniversary of the birth of
Martin Luther King, Jr.;
3. The third Monday of February, known as Presidents’ Day, celebrating being
celebrated as the anniversariesy of the births of Abraham Lincoln and George
Washington;
4. The last Monday of May, commonly known as Memorial Day;
5. The nineteenth day of June, recognized as Juneteenth, a day of remembrance for
the day that African Slaves learned of their freedom;
65. The fourth day of July, being the anniversary of the Declaration of Independence;
76. The first Monday in September, to be known as Labor Day;
87. The eleventh day of November, to be known as Veterans’ Day;
98. The fourth Thursday in November, to be known as Thanksgiving Day;
10. The day immediately following the fourth Thursday in November, to be known as
Native American Heritage Day, and the day immediately following;
119. December 25th, commonly called Christmas Day; and
120. Any day designated by public proclamation of the chief executive of the state as a
legal holiday or as a day of thanksgiving.
B. Employee election of two additional holidays. In addition to the holidays specified in
subsection A of this section, City employees of the city shall be entitled to select two
additional paid holidays per calendar year in addition to those specified in subsection
A of this sectionby consulting with their supervisor in accordance with City policies.
Subject to City operational requirements, the selected additional holidays may
includeEach employee of the city may select the days on which the employee desires to
Page 77 of 150
take the additional holidays provided for in this subsection after giving two weeks’ notice
to employee’s supervisor; provided, however, any employee may elect to take the day
before Christmas andor the day before New Year’s Dayas the additional holiday,
subject to operational requirements of the city.
C. Labor agreements u naffected. Nothing in this section shall be construed to have the
effect of increasing adding or reducing deleting the number of employee paid holidays
provided for in existing labor agreements between employees and the city.
Page 78 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5667 (Gaub)
Date:
May 25, 2022
Department:
Public Works
Attachments:
Resolution No. 5667
Exhibit A
Vicinity Map (Reservoir 4)
Vicinity Map (Reservoir 8)
Budget Impact:
$121,768.65
Administrative Recommendation:
City Council adopt Resolution No. 5667.
Background for Motion:
This resolution accepts grant funding for a project to retrofit water reservoirs 4a, 4b, 8a, and
8b with seismic valves to protect from catastrophic failures and loss of water supply in the
event of an earthquake.
Background Summary:
Reservoirs 4a, 4b, 8a, and 8b are water storage reservoirs with a total capacity of 5.7 million
gallons. Large diameter pipes convey water from the reservoirs to the distribution system. If a
pipe breaks during an earthquake, the large volume of water in the reservoir could quickly flow
out of the reservoir, causing potential local flooding, property damage, and loss of pressure,
drinking water, and fire flow capability within the water distribution system. The Reservoirs 4
and 8 Seismic Retrofits project will install seismic control valves that will automatically close,
keeping water in the reservoir and maintaining water supplies and pressures for both
firefighting and consumption needs. It will also prevent water from escaping the reservoirs
that could create a secondary flooding emergency.
Due to the importance of maintaining critical water facilities during an emergency, this project
has been awarded a Federal Emergency Management Agency (FEMA) grant through the
Washington State Military Department in the total amount of $1,448,781.25, which includes
State and Federal funds. The estimated required match from the City is $206,968.75, for a
total project cost of $1,655,750.00. The required match funds are available in the City’s
capital water fund (460), of which $85,200 is already budgeted towards the project and the
remaining funds will be requested through a future budget amendment in 2022 (for design
funds) and in the budget process for 2023 (for construction funds) for a total increase of
budget (excluding grant funds) of $121,768.65 above the current authorized budget.
Resolution No. 5667 accepts the hazard mitigation grant funds and authorizes the Mayor to
execute the funding agreement and additional agreements that may be needed to implement
the project within the allocated project budget. The grant requires that the project be
Page 79 of 150
completed by December 31, 2024.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:June 6, 2022 Item Number:RES.A
Page 80 of 150
-----------------------------
Resolution No. 5667
May 17, 2022
Page 1
RESOLUTION NO. 5667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ACCEPTING THE HAZARD
MITIGATION GRANT FOR THE RESERVOIRS 4 AND 8 SEISMIC
RETROFITS PROJECT
WHEREAS, Reservoirs 4a, 4b, 8a, and 8b are storage reservoirs that
provide a combined storage capacity of 5.7 million gallons for the City’s water
system; and
WHEREAS, large diameter pipes convey water from the reservoir to the
distribution system; and
WHEREAS, if a pipe breaks during an earthquake, the large volume of
water in the reservoirs could quickly flow out of the reservoirs, causing local
flooding, and loss of pressure within the water distribution system; and
WHEREAS, installation of automatic seismic control valves will retain water
in the reservoirs and lessen the negative impacts of an earthquake; and
WHEREAS, installation of seismic control valves at the City’s reservoirs
was identified in the City’s Comprehensive Water Plan (October 2015); and
WHEREAS, the City applied for and received approval from the
Washington State Military Department for a Hazard Mitigation Grant to provide
partial funding for the project entitled “Reservoirs 4 and 8 Seismic Retrofits”; and
WHEREAS, it is in the best interest of the City to use federal grant monies
to finance capital improvements to the water utility system.
Page 81 of 150
-----------------------------
Resolution No. 5667
May 17, 2022
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to accept and expend federal grant
funds and execute agreements with the Washington State Military Department,
in substantial conformity with the agreement attached, Exhibit A. The Mayor is
authorized to accept and expend additional grant funding from public or private
sources as long as the City’s matching requirements are within the approved
budget.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and other contracts for all future
phases of the Project, expending up to the total amount of the Project budget,
and to implement administrative procedures necessary to carry out the directions
of this legislation.
Page 82 of 150
-----------------------------
Resolution No. 5667
May 17, 2022
Page 3
Section 3. This Resolution shall take effect and be in full force on
passage and signature.
Dated and Signed this _____ day of _________, 2022.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Kendra Comeau
City Attorney
Page 83 of 150
Mitigation Project Grant Agreement Page 1 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
Washington State Military Department
HAZARD MITIGATION GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Auburn
25 West Main Street
Auburn WA, 98001
2. Total Grant Amount: $1,655,750.00
F: $1,241,812.50; S: $206,968.75; L:
$206,968.75
3. Grant Number:
XXX-XXX
4. Subrecipient Contact, phone/email:
Jacob Sweeting (253) 804-3118
jsweeting@auburnwa.gov
5. Grant Start Date:
April 12, 2022
6. Grant End Date:
December 31, 2024
7. Department Program Manager, phone/email:
Tim Cook, (253) 512-7072
tim.cook@mil.wa.gov
8. Unique Entity ID (UEI): LT4FLVEW5U28
9. UBI # (state revenue):
171-000-010
10. Funding Authority: Washington State Military Department (the “DEPARTMENT”), and Federal Emergency Management Agency (FEMA)
11. Funding Source Agreement #:
FEMA-5320-09-R
12. Program Index #
744F2 / 742L3
13. Assistance Listing # & Title:
97.039 (HMGP)
14. Total Federal Award Amount:
$1,241,812.50
15. Federal Award Date:
04/12/2022
16. TIN or SSN:
91-6001228
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 30th
(BY CONGRESSIONAL DISTRICT): 8th
18. Service Area by County(ies):
King County
19. Women/Minority-Owned, State
Certified?: X N/A NO YES, OMWBE #_________
20. Contract Classification:
Personal Services Client Services x Public/Local Gov’t
Research/Development A/E Other________
21. Contract Type (check all that apply): Contract x Grant x Agreement Intergovernmental (RCW 39.34) Interagency
22. Contractor Selection Process: x “To all who apply & qualify” Competitive Bidding Sole Source A/E RCW N/A Filed w/OFM? Advertised? YES NO ______
23. Contractor Type (check all that apply) Private Organization/Individual For-Profit x Public Organization/Jurisdiction x Non-Profit VENDOR x SUBRECIPIENT x OTHER
24. PURPOSE/DESCRIPTION:
FEMA’s Hazard Mitigation Grant Program provides grants for mitigation planning and cost-effective mitigation actions after a Presidential disaster
declaration to reduce the risk of loss of life and property damage in future disasters. Title: City of Auburn Reservoir 4 and 8 Seismic
Retrofit. The purpose of this Agreement is to provide funds to the SUBRECIPIENT for the herein proposed project as noted in Statement of
Work and/or Description of the Project (Attachment 3), Project Development Schedule (Attachment 4), Project Budget (Attachment 5), and the
FEMA approved project application, each of which are incorporated herein by this reference.
The DEPARTMENT is the Recipient and Pass-through Entity of the Presidential Disaster Declaration #FEMA-FM-5320-WA project FM-5320-09-R
City of Auburn Reservoir 4 and 8 Seismic Retrofit and FEMA State Agreement, which are incorporated by reference, and makes a subaward
of Federal award funds to the SUBRECIPIENT pursuant to this Agreement. The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal
award funds provided under this Agreement and the associated matching funds.
IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, exhibits, references and attachments
hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet; Special Terms & Conditions (Attachment 1); General
Terms and Conditions (Attachment 2); Statement of Work and/or Description of Project (Attachment 3); Project Development Schedule (Attachment 4); Project
Budget (Attachment 5); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions
agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence
in the following order:
1. Applicable Federal and State Statutes and Regulations 5. Special Terms and Conditions
2. DHS Standard Terms and Conditions 6. General Terms and Conditions, and,
3. Presidential Declaration, FEMA State Agreement, 7. Other provisions of the contract
and other associated documents incorporated by reference.
4. Statement of Work and/or Project Description as outlined
in FEMA approved Project Application
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
APPROVED AS TO FORM:
Signature on File 4/17/2020
Brian E. Buchholz Date
FOR THE SUBRECIPIENT:
_________________________________________
Signature Date
Nancy Backus, Mayor
City of Auburn
APPROVED AS TO FORM:
_________________________________________
Date
Resolution 5667 Exhibit A
Page 84 of 150
Mitigation Project Grant Agreement Page 2 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
Assistant Attorney General
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL:
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
Name Jacob Sweeting Name Tim Cook
Title City Engineer Title State Hazard Mitigation Officer
E-Mail jsweeting@auburnwa.gov E-Mail tim.cook@mil.wa.gov
Phone 253-804-3118 Phone 253-512-7072
Name Ingrid Gaub Name Mathew Lebens
Title Public Works Director Title Hazard Mitigation Program Supervisor
E-Mail igaub@auburnwa.gov E-Mail Matthew.Lebens@mil.wa.gov
Phone 253-804-3113 Phone (253) 433-5293
Name Name Chris Credle
Title Title Hazard Mitigation Program Coordinator
E-Mail E-Mail Christopher.credle@mil.wa.gov
Phone Phone (253) 414-5291
ARTICLE II ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements,
and program guidance identified or referenced in this Agreement and the informational documents published by
FEMA applicable to the Presidential Disaster Declaration including, but not limited to, all criteria, restrictions, and
requirements of the “FEMA State Agreement” published by FEMA and the federal regulations commonly
applicable to FEMA grants, all of which are incorporated herein by reference. The FEMA Award Letter and its
attachments are incorporated in this Agreement as Attachment 6.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated
or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR HAZARD MITIGATION GRANTS:
The following requirements apply to all FEMA Hazard Mitigation Grants administered by the
DEPARTMENT.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The SUBRECIPIENT must make a case-by-case determination whether each agreement
it makes for the disbursement of HMGP funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.331.
2. PROJECT FUNDING
The DEPARTMENT will administer the Hazard Mitigation Grant Program (HMGP) and will pass
through the federal match and commit the available state match. The SUBRECIPIENT will commit
the required local match.
Resolution 5667 Exhibit A
Page 85 of 150
Mitigation Project Grant Agreement Page 3 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
a. The total cost of the project (total project cost) for the purposes of this Agreement is
$1,655,750.00 dollars; PROVIDED that, if the total cost of the project when completed,
or when this Agreement is terminated, is actually less than above, the actual cost shall be
substituted herein.
b. The value of the contributions by the SUBRECIPIENT to the project shall be $206,968.75
dollars, or 12.5 percent, at minimum, of the total project cost. The SUBRECIPIENT’s
contributions may be cash or in-kind, must be from a non-federal source, must be
reasonable, allowable and allocable, and must comply with all Federal requirements and
regulations.
c. When the DEPARTMENT enters into an agreement with the Federal Emergency
Management Agency (FEMA) to contribute federal funds to this project, that federal
contribution will be $1,241,812.50 dollars, or 75 percent of the total project cost,
whichever is less.
d. The value of the contributions by the DEPARTMENT to the project shall be $206,968.75
dollars, or 12.5 percent, at minimum, of the total project cost. The DEPARTMENT’s
contributions must be from a non-federal source and must comply with all Federal
requirements and regulations.
e. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in
Subsections c and d above, unless that additional amount has been approved in advance
by both the DEPARTMENT and SUBRECIPIENT and is incorporated by written
amendment into this Agreement.
f. A written amendment will be required if the SUBRECIPIENT expects cumulative transfers
between project budgets, as identified in the Project budget (Attachment 5) and the
Statement of Work and/or description of Project (Attachment 3), to exceed 10% of the
Grant Agreement Amount. Any changes to project budgets other than in compliance with
this paragraph will not be reimbursed.
3. GRANT AGREEMENT PERIOD
Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall only be those after the obligation of federal funds on April 12, 2022 and shall
terminate on December 31, 2024. This period shall be referred to herein as the Grant Agreement
Period and/or Period of Performance, unless expressly stated otherwise. Costs incurred during
the Grant Agreement Period shall include pre-award costs authorized in writing by FEMA as well
as eligible costs incurred after the effective date of the Grant Agreement Period and before
termination.
a. The SUBRECIPIENT shall complete the project as described in the FEMA approved
project application FM-5320-09-R, incorporated in and made a part of this Agreement by
reference, and as described in Attachments 3, 4, and 5. In the event of extenuating
circumstances, the SUBRECIPIENT may request, in writing, that the DEPARTMENT
extend the deadline for Grant Agreement completion.
b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA
approval of the Grant Agreement Period followed by execution of a mutually agreed written
amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT
addressing extensions of the Department’s underlying federal grant performance period
or to provide additional time for completion of the SUBRECIPIENT’s project(s).
c. No expenditure made, or obligation incurred, before or after the Grant Agreement Period
shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs
authorized in writing by FEMA. In addition to any remedy the DEPARTMENT may have
under this Agreement, the amounts set out in Article II, section A.2 Project Funding,
above, may be reduced to exclude any such expenditure from participation.
Resolution 5667 Exhibit A
Page 86 of 150
Mitigation Project Grant Agreement Page 4 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
d. Failure to complete the project in a timely manner, as outlined in Attachment 4, is a
material breach of this Agreement for which the DEPARTMENT is entitled to termination
or suspension under Attachment 2, section A.36.
4. REIMBURSEMENT AND BUDGET REQUIREMENTS
The DEPARTMENT, using disaster funds from PL 93-288, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as amended, and the State of Washington, for the Hazard
Mitigation Grant Program, shall issue payments to the SUBRECIPIENT as follows:
a. All payment requests shall be made to the SUBRECIPIENT upon submission and
approval of eligible, reimbursable work completed and billed on an A-19, form, State of
Washington Invoice Voucher Distribution. Approval is subject to receipt of acceptable
documentation by the DEPARTMENT, to include, but not limited to, copies of receipts for
all goods and services purchased, copies of invoices from contractors and subcontractors
for work completed, and copies of timesheets for staff involved with the project, sign-
in/sign-out sheets for donated personnel and/or volunteer time spent on the project, and
documentation to support other in-kind contributions.
b. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the
total project cost, as specified in Article II, Section A.2.f Project Funding, to the
SUBRECIPIENT until the project has been completed and given final approval by the
DEPARTMENT.
c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60
days after submission by the SUBRECIPIENT of the final report, final A-19, Voucher
Distribution, and completion of all final inspections by the DEPARTMENT.
Final payment by the DEPARTMENT also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
d. Within the total Grant Amount of this Agreement, budget categories will be reimbursed on
an actual cost basis unless otherwise provided in this Agreement.
e. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Amount of this Agreement.
f. For travel costs, SUBRECIPIENTs shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov,
and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by DEPARTMENT’s Key Personnel.
g. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the SUBRECIPIENT consistent with record
retention requirements of this Agreement, and be made available upon request by the
DEPARTMENT, and local, state, or federal auditors.
h. The SUBRECIPIENT will submit reimbursement requests to the DEPARTMENT by
submitting a properly completed State A-19 Invoice Form, Interagency Electronic Funds
Transfer, or Agency/Business invoice with support documentation detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted by email to both the DEPARTMENT’s Hazard Mitigation Program Coordinator
and the Program Manager no later than the due dates listed within the Grant Timeline
(Attachment 4), but not more frequently than monthly.
i. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the DEPARTMENT within 45 days
after the Grant Agreement End Date, except as otherwise authorized by written
amendment of this Agreement and issued by the DEPARTMENT.
Resolution 5667 Exhibit A
Page 87 of 150
Mitigation Project Grant Agreement Page 5 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
j. If applicable, no costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the SUBRECIPIENT, its contractor, or
any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced
by the vendor.
k. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Project Development Schedule
Attachment 4) will prohibit the SUBRECIPIENT from being reimbursed until such complete
reports and reimbursement requests are submitted and the DEPARTMENT has had
reasonable time to conduct its review. Final reimbursement requests will not be approved
for payment until the SUBRECIPIENT is current with all reporting requirements contained
in this Agreement.
l. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose.
The SUBRECIPIENT may be required to demonstrate and document that the reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
5. REPORTING REQUIREMENTS
In addition to the reports as may be required elsewhere in this Agreement, the SUBRECIPIENT
shall promptly prepare and submit the following reports to the DEPARTMENT’s Key Personnel:
a. Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter,
indicating the status of the project, to include a brief narrative on progress during the
quarter. The report shall identify the costs incurred to date, the percentage of work
completed, the anticipated completion date of the project, and whether cost under runs or
over runs are expected. In addition, the SUBRECIPIENT should note any challenges or
issues associated with the project. Failure to submit a complete quarterly report within 15
days following the end of the quarter will result in suspension of all payments to the
SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT.
b. A final report when the project is completed, prematurely terminated, or project assistance
is terminated. The report shall include a final accounting of all expenditures and a
description of work accomplished. If the project is not completed, the report shall contain
an estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project. The report shall account for all expenditures not previously
reported and shall include a summary for the entire project.
c. The SUBRECIPIENT shall submit a quarterly progress report describing current activities
as outlined in the Timeline.
d. The SUBRECIPIENT shall submit a Final Report with final reimbursement no later than
45 days after Agreement End Date.
e. The SUBRECIPIENT shall also comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note),
and complete and return to the DEPARTMENT the FFATA Form located at
http://mil.wa.gov/emergency-management-divison/grants/requiredgrantforms; which is
incorporated by reference and made a part of this Agreement.
6. PROCUREMENT
The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Attachment 2, A.11.
7. TIME EXTENSIONS
Resolution 5667 Exhibit A
Page 88 of 150
Mitigation Project Grant Agreement Page 6 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
A time extension request for Agreement completion must be submitted by the SUBRECIPIENT
to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time
extension request must be in writing and identify the project, the reason the project will not be
completed within the approved Period of Performance, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion
date for the completion of the remaining work. Failure to timely submit a complete time extension
request may result in denial of the time extension and loss of funding for the project.
8. SUBRECIPIENT MONITORING
a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to
closeout. The goal of the DEPARTMENT’S monitoring activities will be to ensure that
agencies receiving federal pass-through funds are in compliance with this Agreement,
federal and state audit requirements, federal grant guidance, and applicable federal and
state financial regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
SUBRECIPIENT shall complete and return to the DEPARTMENT 2 CFR Part 200 Subpart
F Audit Certification Form” located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, e-mails, and correspondence;
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements;
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations;
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined
above and in 2 CFR Part 200, for any non-federal entity to which the SUBRECIPIENT
makes a subaward as a pass-through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
9. CLOSE-OUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing the date completed and
total amount expended on the project on FINAL PROJECT REPORT form to the DEPARTMENT.
After receipt of the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site
inspection and review supporting documentation for compliance with the requirements of the
Agreement.
Prior to project close-out, the SUBRECIPIENT shall provide the DEPARTMENT with acceptable
documentation supporting compliance with the Agreement. General documentation supporting
compliance with the Agreement typically includes, but is not limited to, the following:
• Photographs of the structures or properties involved in the project prior to project
implementation and after project implementation.
• Digital geospatial coordinates (latitude and longitude) for each structure with an accuracy of
± 20 meters (64) feet.
• Certificate of occupancy or equivalent documentation from the appropriate regulatory
authority for each structure to certify it is code-compliant.
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• Certification that the SUBRECIPIENT has met the environmental and historic preservation
conditions of the grant award as described in this Agreement.
• Copies of all compliance and consultation documentation required by the grant award as
described in the Agreement (e.g., coastal zone management consistency determination from
Department of Ecology).
• Copies of all documentation related to inspection for and removal and disposal of asbestos
and other hazardous materials from each property.
Specific additional documentation requirements for projects to acquire properties for open space
include, but are not limited to, the following:
• Signed Statement of Voluntary Participation from owner of each acquired property.
• Documentation of dates of acquisition and structure demolition or removal from property for
each property.
• Copy of recorded open space deed restrictions for each acquired property.
• Copy of AW-501 form filed with National Flood Insurance Program for each acquired repetitive
loss property.
• Documentation of consultation with Army Corps of Engineers and State Department of
Transportation regarding future use of each property.
Specific additional documentation requirements for projects to elevate structures above the base
flood elevation include, but are not limited to, the following:
• Photographs of the structures prior to elevation, and front, rear and side photos post-elevation.
• Copies of the pre-project elevation certificate for each structure, or documentation of
methodology used to calculate the first-floor elevations.
• Copies of the post-project elevation certificate for each structure.
• Copies of certificate of occupancy for each elevated structure to certify that it is code
compliant.
• Certification by an engineer, floodplain manager or other senior official of the SUBRECIPIENT
that each completed structural elevation is in compliance with local ordinances and National
Flood Insurance Program regulations and technical bulletins.
• Copy of AW-501 form filed with National Flood Insurance Program for each elevated repetitive
loss property.
• Copies of proof of flood insurance for each elevated structure.
• Copies of the recorded deed restriction related to maintenance of flood insurance for each
property within the Special Flood Hazard Area.
The DEPARTMENT will consult with the SUBRECIPIENT regarding other documentation
requirements of the Agreement throughout the Period of Performance.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the
source and application of all mitigation grant funds for six years following the closure of this grant.
For all funds received, source documentation includes adequate accounting of actual costs and
recoveries incurred.
10. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
All SUBRECIPIENTs must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
SUBRECIPIENTs of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language assistance services,
including oral interpretation and written translation. Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency (August 11, 2000), requires federal
agencies to issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the required recipient guidance
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in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as
how a recipient can determine the extent of its obligation to provide language services; selecting
language services; and elements of an effective plan on language assistance for LEP persons.
For additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-
supported-organizations-provide-meaningful-access-people-limited and additional resources on
http://www.lep.gov.
11. ADDITIONAL SPECIAL CONDITIONS
a. Construction Documents, Contracts, Change Orders
i. Construction Document Approval: The SUBRECIPIENT agrees to submit one
copy of all construction plans and specifications to the DEPARTMENT for review
and approval prior to solicitation of bids for construction.
ii. The SUBRECIPIENT shall use a competitive procurement process in the
procurement and award of any contracts with contractors or sub-contractors that
are entered into under the original contract award. The procurement process
followed shall be in accordance with 2 CFR Part 200.318 General procurement
standards through 200.326 Contract Provisions. Copies of all bids and contracts
awarded shall be submitted to the DEPARTMENT upon request. Where all bids
are substantially in excess of project estimates, the DEPARTMENT may, by notice
in writing, suspend the project for determination of appropriate action, which may
include termination of the Agreement.
iii. Construction Change Order: All change orders must be in writing and shall be
submitted to the DEPARTMENT. The SUBRECIPIENT shall pay any increase in
the cost of the project as the result of a change order, unless the DEPARTMENT
has agreed to the change with a written amendment to this Agreement.
12. EQUIPMENT AND SUPPLY MANAGEMENT
a. If applicable, SUBRECIPIENTs and any non-federal entity to which the SUBRECIPIENT
makes a subaward shall comply with 2 CFR 200.318 – 200.326, to include but not limited
to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the SUBRECIPIENT,
or a recognized non-federal entity to which the SUBRECIPIENT has made a
subaward, for which a contract or other means of legal transfer of ownership is in
place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be
recorded and maintained in the SUBRECIPIENT’s inventory system.
iii. Equipment records shall include: a description of the property; the manufacturer’s
serial number, model number, or other identification number; the source of the
equipment, including the Federal Award Identification Number (FAIN); Assistance
Listing number; who holds the title; the acquisition date; the cost of the equipment
and the percentage of Federal participation in the cost; the location, use and
condition of the equipment at the date the information was reported; and
disposition data including the date of disposal and sale price of the property.
iv. The SUBRECIPIENT shall take a physical inventory of the equipment and
reconcile the results with the property records at least once every two years. Any
differences between quantities determined by the physical inspection and those
shown in the records shall be investigated by the SUBRECIPIENT to determine
the cause of the difference. The SUBRECIPIENT shall, in connection with the
inventory, verify the existence, current utilization, and continued need for the
equipment.
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v. The SUBRECIPIENT shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The SUBRECIPIENT shall develop appropriate
maintenance schedules and procedures to ensure the equipment and supplies are
well maintained and kept in good operating condition.
vi. The SUBRECIPIENT must obtain and maintain all necessary certifications and
licenses for the equipment.
vii. The SUBRECIPIENT shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any loss, damage,
or theft shall be investigated and a report generated and sent to the Department.
viii. If the SUBRECIPIENT is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return.
ix. If, upon termination or at the Grant Agreement End Date, there is a residual
inventory of unused supplies exceeding $5,000 in total aggregate value which will
not be needed for any other Federal award, or when original or replacement
equipment is no longer needed for the original project or program or for other
activities currently or previously supported by a Federal agency, the
SUBRECIPIENT must comply with following procedures:
a) The SUBRECIPIENT may retain the supplies for use on other non-Federal
related activities or sell them, but must compensate the Federal sponsoring
agency for its share.
b) The SUBRECIPIENT must dispose of equipment as follows:
i). Items of equipment with a current per-unit fair market value of less
than $5,000 may be retained, sold or otherwise disposed of by the
SUBRECIPIENT with no further obligation to the awarding agency.
ii). Items of equipment with a current per-unit fair market value of more
than $5,000 may be retained or sold and the SUBRECIPIENT shall
compensate the Federal-sponsoring agency for its share.
x. Records for equipment shall be retained by the SUBRECIPIENT for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six year period, the records
shall be retained by the SUBRECIPIENT until all litigation, claims, or audit findings
involving the records have been resolved.
b. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award
funds.
c. Equipment purchased with DHS federal award funds is to be marked with “Purchased with
funds provided by the U.S. Department of Homeland Security” when practicable.
d. As a SUBRECIPIENT of federal funds, the SUBRECIPIENT must pass on equipment and
supply management requirements that meet or exceed the requirements outlined above
to any non-federal entity to which the SUBRECIPIENT makes a subaward of federal award
funds under this Agreement.
B. DHS FFY22 STANDARD TERMS AND CONDITIONS
As a SUBRECIPIENT of HMGP funding, the SUBRECIPIENT shall comply with all applicable
FEMA/DHS terms and conditions of the FEMA Award Letter and its associated documents for DHS,
which are incorporated in and made a part of this Agreement as Attachment 6.
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Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Mitigation Grants
A.1 DEFINITIONS
As used throughout this Agreement, the following terms will have the meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "DEPARTMENT” means the Washington State Military Department, as a state agency, any
division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other
officials lawfully representing that Department. DEPARTMENT is a recipient of a federal award
directly from a federal awarding agency and is pass-through entity making a subaward to a
subrecipient under this Agreement.
b. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to
the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the DEPARTMENT. However, the definition of “subrecipient” is the same as in 2 CFR 200.93
for all other purposes. “
c. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
d. “Project” shall mean those activities as described in the FEMA approved project application
(insert application number), which are incorporated in and made a part of this Agreement by
reference, and as described in Attachments 3, 4, and 5.
e. “Investment Justification” means grant application investment justification submitted by the
SUBRECIPIENT describing the project for which federal funding is sought and provided under
this Agreement. Such grant application investment justification is hereby incorporated in and
made a part of this Agreement by reference.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement. The SUBRECIPIENT shall not invoice the DEPARTMENT in advance
of delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change.
However, such amendment or modification shall not be binding, take effect or be incorporated herein
until made in writing and signed by the authorized representatives of the DEPARTMENT and the
SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The SUBRECIPIENT 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 telecommunication.
A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to
eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
A.6 ASSURANCES
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement by any federal department or agency.
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The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
divison/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this Agreement
shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that
it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
“covered transactions” by any federal department or agency. “Covered transactions” include
procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant
or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-
recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with
this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or
by checking the System for Award Management (http://www.sam.gov) maintained by the federal government.
The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any party on the Washington
State Department of Labor and Industries’ “Debarred Contractor List”
(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). The
SUBRECIPIENT also agrees not to enter into any agreements or contracts for the purchase of goods and services
with any party on the Department of Enterprise Services’ Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be
included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into, and is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible
for determining compliance with, any and all applicable federal, state, and local laws, regulations,
executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order
11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60);
Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15);
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act
(PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination
Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2
CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR
Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12),
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State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State
Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations.
In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion.
The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable
laws, regulations, executive orders, OMB Circulars or policies.
A10. CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
or its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement. The SUBRECIPIENT shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to this provision.
A.11 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award
of any contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 2CFR Part
200.318 General procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT
under this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
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determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency.
The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, Uniform Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to
the SUB-GRANTEE. All subcontracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient must comply with the requirements of 37 CFR
Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds 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
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connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
11) Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the
Comptroller General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the SUBRECIPIENT has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94–163, 89 Stat. 871).
b. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents, and require the SUBRECIPIENT to make changes to bring its plans and documents
into compliance with the requirements of 2 CFR Part 200.318 through 200.326/. The
SUBRECIPIENT must ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail to support the costs of
the project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination
on eligibility of project costs.
c. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.12 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT’s
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other
law or court order.
A.13 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the DEPARTMENT, a representative appointed by the
Contractor and a third party mutually agreed upon by both parties. The panel shall, by majority vote,
resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs,
and share equally the cost of the third panel member.
A.14 DUPLICATION OF BENEFITS
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The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery
against any party or parties whose negligence or other intentional or tortious conduct may have caused
or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will
repay the DEPARTMENT any funds recovered by settlement, judgment or other court order in an action
to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as
possible and work cooperatively in conjunction with the DEPARTMENT and FEMA to ensure appropriate
apportionment of any duplicated or recovered payment.
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site
for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the
DEPARTMENT the results of its inspection and investigation and all other knowledge the
SUBRECIPIENT has as to the presence of any hazardous substances at the proposed
development/construction project site. The SUBRECIPIENT will be responsible for any
associated clean-up costs. "Hazardous Substance" is defined in RCW 70.105D.020 (10).
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold
harmless the DEPARTMENT, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, assigns,
agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out
of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
State of Washington and their authorized agents and employees in any litigation; including payment of
any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of
the SUBRECIPIENT, or SUBRECIPIENT’s agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the federal government in carrying out the provisions of the
Stafford Act.
A.17 LIMITATION OF AUTHORITY – Authorized Signature
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the DEPARTMENT’s Authorized Signature representative and the
Authorized Signature representative of the SUBRECIPIENT or Alternate for the SUBRECIPIENT,
formally designated in writing, shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and
signed by both parties Authorized Signature representatives. Further, only the Authorized Signature
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representative or Alternate for the SUBRECIPIENT shall have signature authority to sign reimbursement
requests, time extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by or required under
this Agreement.
A.18 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a “Termination for Cause” without providing the SUBRECIPIENT an opportunity to cure. Alternatively,
the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to
comply with new funding limitations and conditions, although the DEPARTMENT has no obligation to do
so.
A.19 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the SUBRECIPIENT.
A.20 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The SUBRECIPIENT represents and warrants that its work place does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT’s
performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to
indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages
and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against
the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all liabilities
arising from the ownership and operation of the project and agrees to hold the DEPARTMENT, the state
of Washington, and the United States government harmless from any and all causes of action arising
from the ownership and operation of the project.
A.24 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.25 PRIVACY
Personal information collected, used or acquired in connection with this agreement shall be used solely
for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without the
express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT
agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to
personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing or
investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of placing
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a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the contract and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT’s unauthorized use, loss or disclosure of personal
information.
For purposes of this provision, personal information includes, but is not limited to, information identifiable
to an individual that relates to a natural person’s health, finances, education, business, use or receipt of
governmental services, or other activities, names, addresses, telephone numbers, social security
numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other
identifying numbers.
A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.27 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or language
used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s judgment,
be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity
matters without the prior written consent of the DEPARTMENT.
The SUBRECIPIENT may copyright original work it develops in the course of or under this Agreement;
however, pursuant to 2 CDR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use the work for government
purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by Assistance Listing number, and a statement that the publication does not
constitute an endorsement by FEMA or reflect FEMA’s views.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal, state, and local laws and/or the provisions of the Agreement, the DEPARTMENT
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
SUBRECIPIENT of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture
provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees
from the SUBRECIPIENT.
A.29 RECORDS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
SUBRECIPIENT’s contracts, subawards, grant administration, and payments, including all direct
and indirect charges, and expenditures in the performance of this Agreement (the “records”).
b. The SUBRECIPIENT’s records related to this Agreement and the projects funded may be
inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor,
DHS, FEMA or their designees, by the Comptroller General of the United States or its designees,
or by other state or federal officials authorized by law, for the purposes of determining compliance
by the SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level
of funding to be paid under the Agreement.
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c. The records shall be made available by the SUBRECIPIENT for such inspection and audit,
together with suitable space for such purpose, at any and all times during the SUBRECIPIENT’s
normal working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and
the funded project(s) for a period of at least six (6) years following final payment and closure of
the grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement shall
be liable for the costs incurred by the state and federal governments in responding to such disaster. In
addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent
actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and
the United States in efforts to recover expenditures under this Grant Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project) by providing Federal award funds pursuant to this Agreement, the project itself
remains the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility
to the SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including but not limited to FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which
may be brought against the SUBRECIPIENT in connection with the project.
The SUBRECIPIENT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of
their employees or agents, for any performance, assistance, or any payment or indemnity, including but
not limited to cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by
any third party related to any design, development, construction, implementation, operation and/or
maintenance of a project.
A.32 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as SUBRECIPIENTs of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a State, local government, Indian tribe, institution of higher education, or non-profit organization
that carries out a federal award as a recipient or SUBRECIPIENT.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and
requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State
Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as
appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200
Subpart F.
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The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any sub-contractors also maintain auditable records.
The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
its sub-contractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The SUBRECIPIENT must respond to DEPARTMENT
requests for information or corrective action concerning audit issues or findings within 30 days of the date
of request. The DEPARTMENT reserves the right to recover from the SUBRECIPIENT all disallowed
costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT’s fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If SUBRECIPIENT claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F,
SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption
no later than nine (9) months after the end of the SUBRECIPIENT fiscal year(s) to the address listed
above.
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from
the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the SUBRECIPIENTs failure to comply with said audit requirements may
result in one or more of the following actions in the DEPARTMENT’s sole discretion: a percentage of
federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F;
the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is
conducted and submitted; or termination of the federal award.
A.34 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as
nor claim to be an officer or employee of the DEPARTMENT by reason of this Agreement, nor will the
SUBRECIPIENT make any claim, demand, or application to or for any right or privilege applicable to an
officer or employee of the DEPARTMENT or of the State of Washington by reason of this Agreement,
including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
state college, state community college, state board, or state commission, that the officers and employees
are employed by the state of Washington in their own right and not by reason of this Agreement.
A.35 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
A.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENT’s Key Personnel identified in the
Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
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Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the SUBRECIPIENT.
Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional
obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as
authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law.
A.37 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARTMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill
in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition
so as to endanger performance hereunder, is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend
or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBRECIPIENT
an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any
time allowed for cure shall not diminish or eliminate the SUBRECIPIENT liability for damages or otherwise
affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of
the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or
as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the
DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a
decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to, any cost difference between the original Agreement and the replacement or
cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to
perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be
deemed to be a “Termination for Convenience”.
A.38 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require
the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for
the performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement termination,
and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i) completed work and
services and/or equipment or supplies provided for which no separate price is stated, (ii) partially
completed work and services and/or equipment or supplies provided which are accepted by the
DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the
DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability
of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for
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termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as
the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or
liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are
in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing,
the SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such portion
of the work under the Agreement as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT
may require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPARTMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps
allowed by law to assure that minority firms, women's business enterprises, and labor surplus area firms
are used when possible and will take all necessary affirmative steps allowed by law to utilize business
firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this
Agreement. The following steps are required by the subrecipient if any contracts with contractors or sub-
contractors are entered into under the original contract award:
a. Placing qualified small and minority businesses and women’s business enterprises on solicitation
lists;
b. Assuring that small and minority businesses, and women’s business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women’s business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women’s business enterprises; and
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the
State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of City of Auburn, Washington. The SUBRECIPIENT,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.41 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision
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of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this Agreement.
Resolution 5667 Exhibit A
Page 105 of 150
Mitigation Project Grant Agreement Page 23 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
Attachment 3
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
SUBRECIPIENT: City of Auburn
PROJECT TITLE: City of Auburn Reservoir 4 and 8 Seismic Retrofit
The purpose of this project is for The City of Auburn to
(Provide brief, nontechnical description of the project, to include address(es) of structures/properties involved)
complete seismic retrofits at 4 Reservoirs, including seismic control valves on existing piping. Reservoir 4A & 4B
at 30455 132nd Avenue SE, Auburn, WA 98092 Lat/Long: 47.32821, -122.16690; Reservoir 8A & 8B 5037 Auburn
Way S, Auburn, WA 98092 Lat/Long: 47.27870, -122.16495.
A specific and more detailed scope of work is found in the FEMA approved Project Application FM-5320-09-R
which is incorporated herein by reference.
City of Auburn Agrees To:
1. Comply with the terms of this Agreement and all Attachments, including but not limited to, accomplish tasks
and conditions outlined in the Statement of Work And/Or Description of Project-Attachment 3, comply with
the Project Development Schedule-Attachment 4, and comply with the Project Budget-Attachment 5.
2. Submit quarterly reports that cover the previous three months no later than the 15th of the following month
(or the next work day) in January, April, July and October until all requirements are fulfilled. Quarterly reports
are required regardless of the level of work completed during the reporting period. Quarterly reports must
include sufficient narrative to determine the degree to which the project has been implemented, the estimated
time for completion, and significant developments such as delays or adverse conditions that might raise costs
or delay completion, as well as favorable conditions allowing lower costs or earlier completion. Failure of the
SUBRECIPIENT to submit a complete quarterly report within 15 days following the end of the quarter will
result in suspension of all payments until a complete quarterly report is received by the DEPARTMENT.
3. Submit pen-and-ink signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work
completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify
the task(s) completed and any other funding identification pertinent to the task(s), including match.
Supporting documentation is required for all costs, to include tracking of staff time spent on the project
through timesheets or other documentation approved by the DEPARTMENT; dated invoices from all
contractors and subcontractors for work completed; dated invoices for goods and services purchased; and
documentation tracking in-kind contributions of personnel, equipment and supplies, if used on the project.
Project costs must be tracked and reported by approved budget cost categories as found in Project Budget,
Attachment 5. Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19, along with documentation to substantiate all
project costs.
4. Return by DEPARTMENT staff of invoices to the SUBRECIPIENT if the SUBRECIPIENT is unable to provide
sufficient documentation to staff within 15 calendar days of the staff’s written request for additional
documentation to support the reimbursement request.
5. Submit a signed final project report before final reimbursement is made by the DEPARTMENT.
6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
In completing this project, the SUBRECIPIENT must adhere to the following programmatic, environmental
and historic preservation conditions:
a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible
as long as they do not change the nature or total project cost of the activity, properties identified in the
application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0.
Requests must be supported by adequate justification, including a description of the proposed change;
a written explanation of the reason or reasons for the change; an outline of remaining funds available to
support the change; and a full description of the work necessary to complete the activity.
A proposed change to the approved Scope of Work (as presented in the FEMA approved project
application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re-
evaluation for compliance with National Environmental Policy Act (NEPA) and other Laws and Executive
Orders. Prior approval for a change to the approved Scope of Work must be obtained from the
Resolution 5667 Exhibit A
Page 106 of 150
Mitigation Project Grant Agreement Page 24 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a
revised Scope of Work could result in ineligibility of resulting costs.
b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate
federal, state and local environmental permits and clearances may jeopardize federal funding provided
by this Agreement.
c. Ensure that all completed work is in compliance with applicable state and local buildings codes.
d. Monitor site work during ground-disturbing activities for evidence of potential archaeological resources
that are uncovered. SUBRECIPIENT must halt the project in the event historically or archaeologically
significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence
may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and
features such as fire pits or structural elements. All reasonable measures must be taken to avoid or
minimize harm to such resources until such time as the SUBRECIPIENT notifies the DEPARTMENT,
and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native
American tribes, determines appropriate measures have been taken to ensure that the project is in
compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal
remains, the SUBRECIPIENT is required by state law to notify the county coroner and local law
enforcement in the most expeditious manner possible and to immediately stop any activity which may
cause further ground disturbance.
e. Determine the presence of hazardous materials and/or toxic waste, and identifying, handling, managing,
abating and disposing of such materials in accordance with the requirements and to the satisfaction of
the governing local, state and federal agencies, including but not limited to the Washington Department
of Ecology. Such materials may include, but are not limited to, asbestos, lead-based paint, propane
cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of
pesticides, lead-acid batteries, items containing chlorofluorocarbons (CFCs), motor oil and used oil filters,
and unlabeled tanks or containers.
f. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or
disposed of in a floodplain and/or a wetland.
g. Confirm with the State Department of Ecology whether this project will require a consistency
determination under the Coastal Zone Management Act. If required, the SUBRECIPIENT shall obtain
and comply with all requirements of the determination prior to starting the project.
h. Select, implement, monitor, and maintain Best Management Practices (BMPs) to control soil erosion and
sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be
stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from
transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the
existing building footprint area and not beyond undisturbed portions of the site.
i. (Additional requirements as noted by FEMA in grant award document).
j. Cost overruns in excess of the approval budget are fully the responsibility of the SUBRECIPIENT,
including those costs resulting from a change in the Scope of Work. The project must remain cost
effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun.
For Hazard Mitigation Grant Program (HMGP) only: A request for additional funds to cover a cost
overrun may be granted by the DEPARTMENT and FEMA only if funds are available within the HMGP
ceiling for this disaster, FEMA-FM-5320-WA. A request for additional funds must be fully documented
and justified.
The Military Department Agrees To:
1. Provide staff coordination and input regarding grant administration for funding and technical assistance for
project and reviews for mitigation construction projects, as necessary.
2. Except as otherwise provided in Article II, A.4, of this Agreement, reimburse City of Auburn within 30 days
of receipt and approval of signed, dated invoice voucher(s) (state form A-19) with sufficient documentation
of costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs
must be categorized according to the budget item and cost classification shown in the Project Budget,
Attachment 5. The DEPARTMENT will return invoices to the SUBRECIPIENT if the SUBRECIPIENT is
unable to provide sufficient documentation within 15 calendar days of the DEPARTMENT’s written request
for additional documentation to support the reimbursement request.
Resolution 5667 Exhibit A
Page 107 of 150
Mitigation Project Grant Agreement Page 25 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
3. Coordinate with the staff of City of Auburn to schedule any sub-recipient monitoring, site visits or final
inspections by DEPARTMENT staff.
Resolution 5667 Exhibit A
Page 108 of 150
Mitigation Project Grant Agreement Page 26 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
Attachment 4
PROJECT DEVELOPMENT SCHEDULE
SUBRECIPIENT: City of Auburn
PROJECT TITLE: City of Auburn Reservoir 4 and 8 Seismic Retrofit
DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE
Consultant Selection/Contract Execution 8/31/22
Design 8/31/23
Permitting 10/31/23
Bid Project/Execute Construction Contract 1/31/24
Project Construction 10/31/24
Final Inspection and Closeout 12/31/24
Total Time Required to Complete This Project: 29 months
Quarterly Reports Due on Project Progress, Final
Project Report and all documentation, site visits and
inspections.
July 15, 2022;
October 15, 2022;
January 15, 2023;
April 15, 2023;
July 15, 2023;
October 15, 2023;
January 15, 2024;
April 15, 2024;
July 15, 2024;
Resolution 5667 Exhibit A
Page 109 of 150
Mitigation Project Grant Agreement Page 27 of 27 City of Auburn, EXX-XXX
Form 4/17/2020
Attachment 5
PROJECT BUDGET
SUBRECIPIENT: City of Auburn
PROJECT TITLE: City of Auburn Reservoir 4 and 8 Seismic Retrofit
APPROVED BUDGET CATEGORY ESTIMATED COST
Project Management Costs, Legal Expenses, etc. $45,750.00
Architectural, Engineering, Geotechnical, etc. $390,000.00
Project Inspection Fees $180,000.00
Construction $1,040,000.00
Subtotal $86,855.22
SubMC – This category is restricted to eligible
grant administration costs, including indirect
costs, and is limited fo 5% of eligible project
expenditures. The amount shown here reflects
the maximum amount available, based on the
approved project budget.
$80,000.00
TOTAL $1,655,750.00
Tracking and Reporting Project Costs: Project expenses for which reimbursement is sought must
be tracked and reported by approved budget cost categories, above. Documentation of
expenditures by approved budget cost categories should be made on a separate spreadsheet or
table and included with each A-19. Supporting documentation of all costs shall include, but not be
limited to: tracking of staff time spent on the project through timesheets or other similar
documentation; dated invoices from contractors and subcontractors for work completed; dated
invoices for goods and services purchased; and documentation of in-kind contributions of personnel,
equipment and supplies.
Final Payment: Final payment of any remaining, or withheld, funds will be made upon
submission by the SUBRECIPIENT within 60 days of completion of the project of the final report
and an A-19, Voucher Distribution, and completion of all final inspections by the DEPARTMENT.
Final payment also may be conditioned upon a financial review, if determined necessary by the
DEPARTMENT. Adjustments to the final payment may be made following any audits conducted
by the DEPARTMENT, Washington State Auditor's Office, the United States Inspector General, or
their authorized representatives.
For Hazard Mitigation Grant Program only: A request for additional funds to cover a cost overrun may be
granted by the DEPARTMENT and FEMA only if funds are available within the HMGP ceiling for this
disaster, FEMA-FM-5320-WA. A request for additional funds must be fully documented and justified.
Resolution 5667 Exhibit A
Page 110 of 150
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
Reservoir 4A and 4B Seismic Retrofits - Vicinity Map
1in =667 ft
5/24/2022Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Project Location
Page 111 of 150
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
1:8,000
Reservoir 8A and 8B Seismic Retrofits - Vicinity Map
1in =667 ft
5/24/2022Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Project Location
Page 112 of 150
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5668 (Faber)
Date:
May 31, 2022
Department:
Parks/Art and Recreation
Attachments:
Res 5668
Interlocal Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Resolution 5668 authorizes the Mayor to Execute an updated Interlocal Cooperative
Agreement with King County for the purpose of accepting funds in the amount of $83,050.00
to reimburse the City for the property purchases for salmon habitat
Background for Motion:
On January 17, 2022, the City Council approved Resolution 5614, which concerned two
agreements, an updated King County Conservation Futures grant agreement and a WRIA
grant agreement. The Conservation Futures agreement was not attached to the resolution,
instead the WRIA agreement was attached twice. Due to the fact that the Conservation
Futures Agreement was not attached to the resolution, the mayor is not authorized to execute
the updated agreement. The County updated the Conservation Futures agreement in order
to address inconsistencies between the agreement and the King County Code, to allow use
of bond proceeds for certain projects, and to make other technical changes. This agreement
appropriates $83,050.00 of Conservation Futures levy funds to reimburse the City for
purchase of 7.33 acres along Mill Creek, a salmon bearing tributary of the Green River.
Background Summary:
Resolution 5668 authorizes the Mayor to enter into an Interlocal Agreement with King County
for reimbursement of funds related to salmon habitat.
Reviewed by Council Committees:
Councilmember:Jeyaraj Staff:Faber
Meeting Date:June 6, 2022 Item Number:RES.B
Page 113 of 150
--------------------------------
Resolution No. 5668
DATE May 18, 2022
Page 1 of 3 Rev. 2019
RESOLUTION NO. 5668
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN UPDATED INTERLOCAL COOPERATION
AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF
ACCEPTING FUNDS IN THE AMOUNT OF $83,050.00 TO
REIMBIURSE THE CITY FOR PROPERTY PURCHSASES FOR
SALMON HABITAT.
WHEREAS, on January 17, 2022, the City Council approved Resolution 5614,
which concerned two agreements, an updated King County Conservation Futures grant
agreement and a WRIA grant agreement, and
WHEREAS, the Conservation Futures agreement was not attached to the
resolution, instead the WRIA agreement was attached twice; and
WHEREAS, because the updated Conservation Futures Agreement was not
attached to the resolution, the mayor is not authorized to execute the updated agreement,
and.
WHEREAS, King County updated the Conservation Futures agreement in order
to address inconsistencies between the agreement and the King County Code, to allow
use of bond proceeds for certain projects, and to make other technical changes; and
WHEREAS, the agreement appropriates $83,050.00 of Conservation Futures levy
funds to reimburse the City for purchase of 7.33 acres along Mill Creek, a salmon bearing
tributary of the Green River.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
Page 114 of 150
--------------------------------
Resolution No. 5668
DATE May 18, 2022
Page 2 of 3 Rev. 2019
Section 1. Acceptance. The City of Auburn City Council authorizes the Mayor
of the City of Auburn to execute the agreement attached as Exhibit A, concerning King
County Conservation Futures grant funds.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to carry out
the directives of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 115 of 150
--------------------------------
Resolution No. 5668
DATE May 18, 2022
Page 3 of 3 Rev. 2019
EHIBIT A
Page 116 of 150
1
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN
FOR CONSERVATION FUTURES-FUNDED
OPEN SPACE ACQUISITION PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is a grant agreement
entered into between the CITY OF AUBURN (“City”) and KING COUNTY (“County”),
(collectively, “parties”).
Article I. Recitals
On February 27, 1989, the King County Council passed Ordinance 8867, which
established a process to allocate the proceeds of the Conservation Futures Fund.
On September 21, 1989, the King County Council passed Ordinance 9128, which
established a Conservation Futures Levy Fund to provide for the receipt and
disbursement of Conservation Futures tax levy proceeds and established conditions for
use of the Fund, including conditions covering allowable costs and expenses.
On July 21, 2003, the King County Council passed Ordinance 14714, authorizing
funding allocation procedures for King County Conservation Futures tax levy collections
and amending Ordinance 8867, Section 2, as amended.
The Conservation Futures Advisory Committee has recommended an allocation
of Conservation Futures proceeds to specific projects from the Conservation Futures
Levy Fund following notification to the cities that proceeds were available, provision of
an opportunity for the cities to respond and receipt by the committee of requests for
funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714.
Page 117 of 150
2
Starting in 1990 and through 2017, the King County Executive, as authorized by
the King County Council, executed Interlocal Cooperation Agreements with the cities of
Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines,
Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park,
Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond,
Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park
District. Many of these agreements were amended over time to add new projects.
The existing Interlocal Cooperation Agreements remain in place with an
indefinite term for the projects for which Conservation Futures proceeds were disbursed.
The agreements require the properties to be maintained as open space in perpetuity.
The King County Council, by Ordinance 18978, has approved a new Interlocal
Cooperation Agreement for future projects in order to add terms for the use of bond
proceeds for certain projects, achieve consistency between the agreement and the King
County Code, and make other technical changes.
Pursuant to chapter 39.34 RCW, the parties agree to the following:
Article II. Definitions
1. Open Space
The term “open space” or “open space land” means: (a) any land area so
designated by an official comprehensive land use plan adopted by any city or county and
zoned accordingly; or (b) any land area, the preservation of which in its present use
would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or
water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes,
Page 118 of 150
3
or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife
reserves, natural reservations or sanctuaries, or other open space, or (v) enhance
recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along
highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state
tracts of land of not less than one acre situated in an urban area and open to public use on
such conditions as may be reasonably required by the legislative body granting the open
space classification, or (c) any land meeting the definition of “farm and agricultural land”
conservation under subsection (8) of RCW 84.34.020. As a condition of granting open
space classification, the legislative body may not require public access on land classified
under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands.
2. Project
The term “Project” means the specific projects described in Exhibit A or
added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this
agreement.
3. Conservation Futures
The term “Conservation Futures” means developmental rights which may
be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by
eminent domain, and may consist of fee simple or any lesser interest, development right,
easement, covenant, or other contractual right necessary to protect, preserve, maintain,
improve restore, limit future use of, or otherwise conserve open space land, all in
accordance with chapter 84.34 RCW and K.C.C. chapter 26.12.
Article III. Purpose of the Agreement
Page 119 of 150
4
The purpose of this agreement is to create a cooperative arrangement between the
City and the County relating to the Project and to define the terms and conditions
governing both parties’ obligations created by this agreement.
Article IV. Term of Agreement
This agreement shall be continued in full force and effect and binding upon the
parties hereto upon execution of the agreement by both parties. The terms of the
agreement shall be indefinite. The agreement will be terminated if the City is: 1) unable
or unwilling to expend the proceeds provided through this agreement; 2) unable or
unwilling to satisfy the matching requirements contained in this agreement; and 3) upon
reimbursement by the City to the County of all unexpended proceeds provided by the
County pursuant to this agreement in the manner and amounts described below and
payment of all amounts due pursuant to Section 8.1.
Article V. Conditions of Agreement
Section 5.1 – Project Descriptions. Proceeds available pursuant to this agreement
may be used only for the Projects listed in Exhibit A, such substituted Projects as may be
approved by the County as set forth below, or Projects added by follow-on amendments
to disburse proceeds pursuant to Section 8.2 of this agreement. All County funded
Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C.
chapter 26.12.
Section 5.2 – Use of Proceeds. Proceeds provided to the City pursuant to this
agreement as well as moneys provided by the City as match pursuant to this agreement
may be used only to pay capital costs related to property acquisition. Those costs include
Page 120 of 150
5
appraisals, title searches, negotiations, administrative overhead, and the cost of actual
acquisition or purchase options, and all other costs meeting the requirements of K.C.C.
26.12.010. The City shall have the property valued by an appraisal performed by an
independent state-certified real estate appraiser with a current general real estate
appraiser license, and reviewed by an independent state-certified general real estate
appraiser. In requesting reimbursement of proceeds for the Project, the City shall
demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant
to this agreement may not be used to purchase land obtained through the exercise of
eminent domain.
Section 5.3 – Completion/Substitution/Deletion of Projects. The City shall
complete the Project described in Section 5.1 of this Agreement within a two-year period
from the effective date of the County ordinance appropriating funding for the Project. If
the City does not meet this two-year requirement, unless the City demonstrates to the
Advisory Committee a compelling reason for continuance of CFT funding for the Project
beyond the two-year limit or a reprogramming request is timely approved as provided for
below, the County shall be released from any obligation to fund the Project, and the
County in its sole discretion may reallocate such proceeds for other projects in other
jurisdictions. The City may submit specific requests for project reprogramming to the
County for its approval within the two-year period. All projects proposed for
reprogramming must meet open space criteria as described in chapter 84.34 RCW and
K.C.C. chapter 26.12, be submitted for recommendation by the County’s Advisory
Committee or its successor, and be approved by action of the King County Council. All
Page 121 of 150
6
reprogramming requests shall be submitted to the County’s Department of Natural
Resources and Parks, Open Space Acquisitions Unit, or its successor.
Section 5.4 – Eminent Domain. If any Project requires the exercise of eminent
domain to acquire the property, all proceeds provided pursuant to this agreement plus
accrued interest on such proceeds shall be reprogrammed as provided in this agreement
or repaid to the County.
Article VI. Responsibilities of the City
Section 6.1 – Matching Requirements. Except for acquisitions of property
interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by
Conservation Futures Levy proceeds shall be supported by the City in which the Project
is located with a matching contribution, which is no less than the amount of Conservation
Futures Levy proceeds allocated to the Project. This contribution may be in the form of
cash, land match with a valuation verified by an appraisal by an independent state-
certified real estate appraiser with a current general real estate appraiser license, or the
cash value, excluding King County conservation futures contributions, of other open
spaces acquired within the previous two years from the date of submittal of the
application by the City. The appraisal, to be reviewed, shall have been performed within
two years of the application deadline set for the annual allocation of conservation futures
tax levy proceeds under which the Property received funding. Properties considered as
land match or cash value of other open space acquisitions should be directly linked to the
property under application. Any City match, other than cash, shall require County
Page 122 of 150
7
approval. County approval and County acceptance of the City’s match will be
transmitted in writing to the City by the County’s Designated Representative.
Section 6.2 – Reporting. All proceeds received pursuant to this agreement and
accrued interest therefrom will be accounted for separately from all other City moneys,
accounts and moneys. Until the property described in the Project is acquired and all
proceeds provided pursuant to this agreement have been expended, the City shall provide
the reports required by K.C.C. 26.12.035.
Section 6.3 – Disposition of Remaining Proceeds. If the City does not expend all
proceeds obligated to be provided through this agreement and no substitute project is
requested or approved as to the excess proceeds, such proceeds, if held by the City, shall
be refunded to the County. For purposes of this section, “proceeds” shall include all
moneys obligated to be provided by the County plus interest accrued by the City on such
moneys. Any proceeds in excess of those required to be provided by the County for the
actual costs of the Project shall remain with the County for use in its sole discretion.
Section 6.4 – Maintenance in Perpetuity. Except as provided in this Section 6.4,
the City, and any successor in interest, agree to maintain properties acquired with
proceeds provided pursuant to this agreement as open space in perpetuity and, as required
by the County, to include in the real property records notice of this restriction. Projects
carried out by the City in whole or in part with funds provided for under the terms of this
agreement shall not be transferred or conveyed except by agreement with an agency or
nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land
Page 123 of 150
8
or interest in land shall be continued to be used for the purposes of K.C.C. chapter 26.12,
and in strict conformance with the uses authorized under chapter 84.34 RCW.
The City shall not change the status or use of properties acquired with proceeds
provided pursuant to this agreement unless the City provides equivalent lands or cash in
exchange for the land to be changed to a different use. The land shall be valued in its
changed status or use, and not based upon its value as open space, and the replacement
land or payment amount must be approved by the County. If requested by the County, at
its own cost the City will provide the County an appraisal performed within the previous
year by an independent state-certified real estate appraiser with a current general real
estate appraiser license. The value established by the appraisal will not be binding on the
County. If the County approves replacement land, the City shall complete the
replacement within one year of approval. If the County approves cash reimbursement,
the City shall pay the County within 90 days of approval.
Section 6.5 – Tax Covenants. The City acknowledges that proceeds provided by
the County for a Project may be proceeds of tax-exempt bonds (the “Bonds”) subject to
certain requirements of the Internal Revenue Code of 1986, as amended (the “Tax
Code”), including any implementing regulations and any administrative or judicial
interpretations. The City will comply with Tax Code requirements, including those set
forth in Exhibit B, which is incorporated herein, applicable to Bond-financed Projects
identified in Exhibit A, which is incorporated herein, as well as Bond-financed Projects
identified in subsequent amendments to this agreement.
Page 124 of 150
9
Article VII. Responsibilities of the County
Subject to the terms of this agreement, the County will provide Conservation
Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as
well as in those amounts and for those Projects identified in subsequent amendments to
this agreement. The City may request additional proceeds; however, the County has no
obligation to provide proceeds to the City in excess of the amount shown in Exhibit A.
The County assumes no obligation for future support of the Project described herein
except as expressly set forth in this agreement.
Article VIII. Other Provisions
Section 8.1 – Hold Harmless and Indemnification.
A. The County assumes no responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees,
contractors or others by reason of this agreement. The City shall protect, indemnify, and
save harmless the County, its officers, agents and employees from any and all claims,
cost and whatsoever occurring or resulting from: 1) the City’s failure to pay any
compensation, fees, wages, benefits, or taxes; and 2) the supplying to the City of work,
services, materials or supplies by City employees, agents, or other contractors, or
suppliers in connection with or in support of performance of this agreement.
B. The City further agrees that it is financially responsible for and will repay
the County all indicated amounts following an audit exception, which occurs due to the
negligent or intentional acts of this agreement by the City, its officer, employees, agents,
or representatives arising out of the performance of the terms of this agreement.
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C. The City shall protect, indemnify, and save harmless the County from any
and all costs, claims, judgments, or awards of damages, arising out of or in any way
resulting from the negligent acts or omissions of the City, its officers, employees, or
agents in the performance of its obligations under the terms of this agreement. For the
purposes of this agreement only, the City agrees to waive the immunity granted it for
industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its
obligations under this paragraph to any claim, demand, or cause of action brought by or
on behalf of any employee, including judgments, awards, and costs arising therefrom
including attorney’s fees.
D. To the extent permitted by law, and except to the extent caused by the sole
negligence of the County, the City agrees, at its expense, to pay, and to indemnify and
hold the County, its officers, employees or agents harmless of, from and against, any and
all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits,
and other proceedings and costs and expenses (including attorneys’ fees) of every
conceivable kind, character or nature whatsoever, arising directly or indirectly from or
out of, or in any way connected with any examination or audit of any Bond issued to
finance or refinance costs of any Bond-financed Project identified in Exhibit A as well as
Bond-financed Projects identified in subsequent amendments to this agreement by the
Internal Revenue Service, or any determination by the Internal Revenue Service or a
court of competent jurisdiction that the interest on any such Bond is or should be subject
to federal income taxation; provided, however, that the City shall not be liable for any
payment made by the County with respect to any settlement of any such examination or
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audit, or of any other proceeding related thereto, entered into without the consent of the
City.
Section 8.2 – Amendment. The parties reserve the right to amend or modify this
agreement. Amendments or modifications to disburse proceeds approved by the County
Council must be by written instrument signed by the parties substantially in the form of
Exhibit C. Other amendments also must be approved by the respective City and County
Councils.
Section 8.3 – Contract Waiver. No waiver by either party of any term or
condition of this agreement shall be deemed or construed to be a waiver of any other term
or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any
subsequent breach whether of the same or different provision of this agreement. No
waiver shall be effective unless made in writing.
Section 8.4 – Entirety. This agreement is the complete expression of the terms
hereto and any oral representations or understandings not incorporated are excluded.
This agreement merges and supersedes all prior negotiations, representations and
agreements between the parties relating to the Project and constitutes the entire
agreement between the parties. The parties recognize that time is of the essence in the
performance of the provisions of this agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
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KING COUNTY CITY OF AUBURN
____________________________ ________________________
Dow Constantine Nancy Backus
King County Executive Mayor
Date: _________________ Date: _________________
Acting under the authority of Acting under the authority of
Ordinance 18978 Resolution 5668
Approved as to form: Approved as to form:
____________________________ ________________________
Dan Satterberg Kendra Comeau
King County Prosecuting Attorney City Attorney
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EXHIBIT A
2022 CONSERVATION FUTURES LEVY
CITY OF AUBURN ALLOCATION
Jurisdiction Project Allocation
Auburn Mill Creek Assemblage $83,050
TOTAL $83,050
Project Description:
Project #1141597: Auburn – Mill Creek Assemblage
The City of Auburn proposes to acquire property for future habitat improvement of
wetlands and the riparian corridor of Mill Creek, a salmon-bearing tributary to the Green
River. The city has identified 7.33 acres as current targets, with a total of 12.18 acres in
the long-term scope. Project funding was authorized in King County Ordinance 19364.
Is this a Bond-financed Project? No
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EXHIBIT B
Tax Covenants
The City acknowledges that proceeds provided by the County for the Project may be
proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all
actions with respect to the Project, and proceeds received for the Project, necessary to
assure the exclusion of interest on the Bonds from the gross income of the owners of the
Bonds, including but not limited to the following:
(a) Expenditure of Proceeds. The City will expend proceeds of the Bonds
received from the County for capital expenditures for federal income tax purposes within
the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to
pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness
incurred for capital expenditures of the Project.
(b) Notice. The City will provide notice of action taken or planned to issue any
tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness,
to finance Project costs.
(c) Treatment as Grant.
(1) The City is a governmental entity possessing substantial taxing,
eminent domain and police powers and constituting a political
subdivision of the State.
(2) The City is not acting as an agent of the County.
(3) The grant of proceeds for the Project does not impose any obligation
or condition to directly or indirectly repay any amount to the County
(excluding obligations or conditions intended solely to assure
expenditure of the transferred moneys in accordance with the
governmental purpose of the transfer).
(4) The grant is required to be used for open space as required under
Article II but does not impose any conditions relating to the use of the
Project or other property of the City by the County or any of its
agencies or authorities.
(5) This agreement is a grant agreement.
(d) Limitations on Disposition of Project. The City will not sell or otherwise
dispose of any components of the Project without prior approval by the County and
compliance with timeframes for completion of land replacement or cash reimbursement as
provided in Section 6.4.
(e) Record Retention. The City will retain its records of all accounting and
monitoring it carries out with respect to the Bond proceeds received and with respect to the
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Project for at least three years after the Bonds mature or are redeemed as provided in the
amendment granting such Bond proceeds to the City.
(f) Cooperation. The City will provide tax certificates when and as requested by
the County or County’s bond counsel in order to establish or maintain the tax-exempt status
of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue
Service, including disclosure of any record, contracts and other materials relating to the
Bond proceeds received by the City and the Project.
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EXHIBIT C
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF ________
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation
Futures Levy Fund and appropriated proceeds to King County and certain cities. This
amendment is entered into to provide for the allocation of additional proceeds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF and
KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal
Cooperation Agreement entered into between the parties on the _____ day of (Month),
(Year), as previously amended.
The parties agree to the following amendment:
The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached
hereto.
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment __.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF AUBURN
____________________________ ________________________
Dow Constantine Mayor
King County Executive
Date: _________________ Date: _________________
Approved as to form: Approved as to form:
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____________________________ ________________________
Dan Satterberg
King County Prosecuting Attorney City Attorney
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EXHIBIT 1
[YEAR] CONSERVATION FUTURES LEVY PROCEEDS
CITY OF ________ ALLOCATION
Jurisdiction Project Name (Project Number) Allocation
[City Name] [Project Name] ([Project
Number])
$
TOTAL $
Project Description:
[Project Number] [City Name] – [Project Name]
[Project Description used in legislation approving proceeds]
Is this a Bond-financed Project?
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5669 (Comeau/Faber)
Date:
June 1, 2022
Department:
Legal
Attachments:
Resolution No. 5669
Max House Purchase and Sale Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Resolution No. 5669.
Background for Motion:
City staff recommend the adoption of Resolution 5669, approving the purchase and sale
agreement for the purchase of real property, King County parcel number 0489000085.
Background Summary:
On July 24, 2021, a fire severely damaged the building (commonly known as the Max House)
situated on King County parcel number 0489000085. Damage from the fire caused the Max
House building to have to be demolished. As a result, the Auburn Avenue Theater, located
next to the Max House property, is unusable.
Previous investments by the City into this block include the development of the Arts and
Culture Center, Auburn Arts Alley and the tree lighting around the B Street parking lot.
Purchase of the Max House property will not only further support the previous investments
made, but show continued dedication to Auburn’s downtown, Auburn residents, the creative
arts, and the formation of an Art’s District by providing the additional property needed to
redevelop and/or reconstruct the Theater.
Staff commissioned an appraisal prior to making the offer to purchase. The offer is for the full
listing amount, which is consistent with the consideration of the appraisal.
Reviewed by Council Committees:
Councilmember:Baggett Staff:Comeau/Faber
Meeting Date:June 6, 2022 Item Number:RES.C
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Resolution No. 5669
5/23/2022
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE PURCHASE
AND SALE AGREEMENT FOR THE CITY’S ACQUISITION OF
REAL PROPERTY, KING COUNTY PARCEL NUMBER
0489000085.
WHEREAS, on July 24, 2021, a fire severely damaged the building, situated on King
County parcel number 0489000085, commonly known as the Max House; and
WHEREAS, the City-owned Auburn Avenue Theater located adjacent to the north of the
Max House sustained significant damaged from this same fire; and
WHEREAS, damage from the fire, as well as the work associated with the fire, has caused
the Auburn Avenue Theater to be unusable and created the need to redevelop or reconstruct the
theater; and
WHEREAS, after demolishing the Max House the owners of the property elected to list
the property for public sale; and
WHEREAS, the City recognizes the importance of having a vibrant, creative district in the
downtown core to benefit the residents of Auburn; and
WHEREAS, the City has previously invested funds into this block to develop the Arts and
Culture Center, Auburn Arts Alley, and the Auburn Ave as economic drivers and destination
locations in downtown Auburn; and
WHEREAS, acquiring King County parcel 0489000085 provides the additional property
needed to redevelop and/or reconstruct a Theater located in largely the same area as the existing
Theater and on the same block as previous Creative District investments have been made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
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Resolution No. 5669
5/23/2022
Page 2 of 2 Rev. 2020
Section 1. The Auburn City Council approves the City’s purchase of King County
parcel number 0489000085 in substantial conformity with the terms of the purchase and sale
agreement attached as “Exhibit A.”
Section 2. The Mayor is authorized to implement those administrative procedures
and/or execute minor amendments necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
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