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HomeMy WebLinkAbout05-13-2013 MUNICIPAL SERVICES COMMITTEE AGENDA Municipal Services Committee May 13, 2013 - 3:30 PM City Hall Council Conference Room AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. April 22, 2013 Minutes* III.ACTION A. Resolution No. 4942* (Tiedeman) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an interlocal agreement with the City of Algona for Innovation & Technology services and support. B. Resolution No. 4943* (Coleman) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute first amendment to agreement between the City of Auburn and Redflex Traffic Systems, Inc. C. Resolution No. 4945* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for, and if awarded, to accept state grant funds in the amount of $6,000.00 from the Washington State Department of Transportation Aviation Division to update the 2000-2020 Airport Master Plan and authorizing the execution of the grant agreement therefor D. Resolution No. 4944* (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the conversion to, and sale of Auburn Police Canine Bodi as surplus property of the City of Auburn. IV.DISCUSSION ITEMS A. Project Matrix* V.ADJOURNMENT 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. *Denotes attachments included in the agenda packet. Page 1 of 37 AGENDA BILL APPROVAL FORM Agenda Subject: April 22, 2013 Minutes Date: May 2, 2013 Department: Police Attachments: April 22, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:May 13, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 37 Municipal Services Committee April 22, 2013 - 3:30 PM City Hall Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Finance Director Shelley Coleman, Acting Planning and Development Director Jeff Tate, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Public Affairs and Marketing Manager Glenda Carino, Administrative/Business Services Manager Darcie Hanson and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. April 8, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. DISCUSSION ITEMS A. Ordinance No. 6461 - Electric Fence Code Updates (Tate) Acting Planning and Development (P&D) Director, Jeff Tate provided the Committee with the background for Ordinance No. 6461. P&D was approached by by CEVA Logistics, located in North Auburn, regarding the electric fence that was installed on their property due to their intricate warehousing and storage of sensitive materials. After an annual inspection by the VRFA they learned that electric fences under Page 1 of 4 CA.A Page 3 of 37 Auburn City Code are not allowed. As such, the property owner and staff from the fencing company met with P&D staff to discuss code amendment and rationale behind city ordinance for the dis allowance of electric fences for that type of facility. Staff researched and found that the prohibition of electric fences was enacted in 1957 by the City. This Ordinance removes the designation of electric fences as a public nuisance, establishes locations where this type of security would be allowed, adds standards in the City's plan use code for fencing, and standards for the management of technology. This Ordinance has been reviewed by the Legal department, a public hearing was held, and all necessary environmental studies have been completed. Committee discussion followed. B. Mountain View Cemetery Update (Faber) Parks, Arts and Recreation Director Daryl Faber updated the Committee on the Cemetery's finances for first quarter 2013. There has been a $35,000.00 increase in revenue over this same period in 2012. This success can be attributed to changes that have been implemented including a ten percent (10%) adjustment across the board to the Endowed Care, Lot and other sales fees, reduction in office staff by one FTE, and delayed the hiring of seasonal staff by a few weeks. Vice Chair Osborne commended Director Faber on the work that has been done. Member Partridge inquired about signage and Director Faber stated they will take a look at all signage to make sure nothing is too outdated and worn out. Committee discussion followed. C. Auburn Golf Course Financial Review (Coleman) Finance Director Shelley Coleman provided the Committee with a financial report on the Auburn Golf Course operations for first quarter of 2013. The GC operations are up by $27,000.00 in revenue versus this same time period last year. The weather has been far better this year and staff also aerated in March as opposed to April. Overall, the total operating expenses are below twenty five percent (25%) of the budget. Chair Peloza inquired about the $50,000.00 payback discussed in a previous MSC meeting and Director Coleman advised that the payment has been made but does not show up on this quarterly report as it was paid in the month of April. Member Partridge stated it would be helpful to view the financial information in a month- to-month (Pro Forma) format as opposed to looking at it in a quarterly format against the annual budget. Director Coleman will provide the new report format at a MSC meeting in May. Committee discussion followed. D. Animal Control Licensing Program (Coleman) Page 2 of 4 CA.A Page 4 of 37 Finance Director Shelley Coleman presented a cost analysis between Auburn Valley Humane Society (AVHS) and King County Animal Control (KCAC) as requested by Council. The comparison was based on a "what-if" scenario sent to the City from KCAC in July 2012 showing 2013 costs for their services. The 2013/2014 City budget was used to determine the AVHS costs. Marketing costs were included in this comparison. No indirect administrative costs are included in this report. The conclusion is that the budget savings to the City in 2013 is $19,700.00 and in 2014 it's estimated to be $164,000.00. Vice Chair Osborne wanted to know what the exact amount is that is coming out of the General Fund for animal control. Mayor Lewis stated that Finance will provide the Committee a Pro Forma listing all the costs and the income for the first year. Director Coleman will provide this information to Council. Committee discussion followed. E. SCORE Jail Stats (Coleman) Finance Director Shelley Coleman distributed SCORE jail statistics and costs to the Committee for informational purposes only. The costs for each member City for SCORE maintenance and operations (based on the Interlocal Agreement) is based on each City's average daily population (ADP). The ADP is a 12-month average per City and the period runs from April 1 through March 31 of the preceding budget year. The significance of this information is the City of Auburn's ADP has decreased from the prior year and the 2014 SCORE budget is now set based on the ADP of 84 instead of 122. This represents a six and one half percent (6-1/2%) reduction or a $1.17 million dollars in savings for the 2014 budget year. The decrease can be attributed to the change in court systems from Auburn Municipal to King County District and the sentencing philosophy. Committee discussion followed. F. Redflex Contract (Coleman) Mayor Lewis advised that based on the request at the previous Municipal Services Committee meeting Finance Director Shelley Coleman has met with Redflex regarding the extension of their current contract. Redflex responded to the request and is willing to extend the contract for one year under the existing terms. The new expiration date would be May 31, 2014. King County District Court will bill the City for court services related to photo enforcement hearings during this time. The Committee's recommendation to do a Request for Proposals (RFP) will begin and will be brought back to the MSC within the next 90-120 days. Committee discussion followed. G. Red Light Photo Enforcement Update (Lee) Assistant Chief of Police Bill Pierson presented the first quarter 2013 Page 3 of 4 CA.A Page 5 of 37 report on the Red Light Photo Enforcement program. The program was launched to assist in traffic safety and enforcement in the City of Auburn on June 30, 2006. Since that time statistics show a consistent reduction of red light violations and associated collisions, along with incidents of speeding in designated school zones. The camera located at M Street SE and Auburn Way South is currently inoperable due to construction and the camera system at this intersection is down while construction continues. Additionally, the camera at Arthur Jacobsen was installed at the school's request and is adjusted based on morning drop off and afternoon pick up times. Committee discussion followed. H. Project Matrix The following updates were made to the Project Matrix. Item 10P: Review date changed to 7/22/13. Item 20P: Review date changed to 7/8/13. Item 24P: Status updated. Item 27P: Review date changed to 5/28/13. Status updated. Item 29P: Review date changed to 7/22/13. Item 31P: Review date changed to 7/22/13. Status updated. Item 5I: Review of Cemetery Endowment Care fund was removed. Item 6I: Review date changed to 6/24/13. Item number updated to 5I. New Item of Interest added and assigned Item 6I. Title is SCORE Jail Stats; lead is Director Shelley Coleman; review date is 7/22/13. Status included. IV. ADJOURNMENT The meeting was adjourned at 5:21 p.m. The next regular meeting is scheduled for May 13, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this __________ day of May, 2013. ___________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 CA.A Page 6 of 37 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4942 Date: April 23, 2013 Department: Information Services Attachments: Resolution 4942 Algona IT Services Renewal Budget Impact: Administrative Recommendation: I & T recommends approval of this interlocal agreement with the City of Algona. The interlocal includes three additional components; increase in monthly service costs, CPI- Adjustments annually and a three year term. We feel our process for managing, and supporting Algona is streamlined and this makes good business sense for both Cities. Background Summary: City of Auburn has been providing I & T services to the City of Algona for approximately 2 years. The contract was originally written for a one year term, with an option to renew twice. During that period, the cost of services has not increased. Service calls remain steady, and a majority of the work is done remotely saving time making the services affordable. The interlocal allows the City of Algona to partner with Auburn, utilizing economies to achieve their similar business and operational needs. The City of Auburn has numerous Interlocal Agreements for the shared use of services, and reimbursement based on actual costs. Reviewed by Council Committees: Municipal Services Councilmember:Staff:Tiedeman Meeting Date:May 13, 2013 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINEDACT.B Page 7 of 37 -------------------------------------- Resolution No. 4942 April 22, 2013 Page 1 of 2 RESOLUTION NO. 4 9 4 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF ALGONA FOR INFORMATION SERVICES TECHNOLOGY WHEREAS, RCW 39.34 authorizes public agencies to enter into interlocal agreements; and WHEREAS, the City of Algona has the need for professional information technology services; and WHEREAS, the City of Auburn is able and willing to provide those services, at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Interlocal Agreement between the City of Auburn and the City of Algona for Information Technology Services in substantial conformity with the Agreement attached hereto as Exhibit “A” and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. ACT.B Page 8 of 37 -------------------------------------- Resolution No. 4942 April 22, 2013 Page 2 of 2 Dated and Signed this _____ day of _________________, 2013. CITY OF AUBURN _______________________________ PETER B. LEWIS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.B Page 9 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 1 of 10 CITY OF AUBURN – CITY OF ALGONA INTERLOCAL AGREEMENT FOR INFORMATION SERVICES TECHNOLOGY THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the _____ day of __________________, 2013, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as “Auburn”), and the CITY OF ALGONA, a municipal corporation of the State of Washington (hereinafter referred to as “Algona”), W I T N E S S E T H : WHEREAS, Algona seeks professional information technology (“IT”) services; and WHEREAS, Auburn has the requisite skills, resources and experience necessary to provide such services and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the parties hereto do hereby agree as follows: 1. SCOPE OF SERVICES Auburn agrees to perform for Algona, in a good and professional manner the tasks described on Exhibit A which is attached hereto and by this reference made a part of this Agreement. (The tasks described on Exhibit A shall be individually referred to as a “task,” and collectively referred to as the “services.”) Auburn shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with Algona. Auburn shall perform the services described in Exhibit A which is attached hereto and by this reference made a part of this Agreement. 2. AMENDMENT REQUIRED FOR ADDITIONAL SERVICES In the event additional IT services are required by Algona beyond those specified in Exhibit A and the compensation listed in this Agreement, and further provided that Auburn has the time and resources to provide such additional services and is willing to provide such services, a contract amendment shall be set forth in writing and shall be executed by the respective parties prior to Auburn’s performance of the additional IT services, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment for additional services, such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as ACT.B Page 10 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 2 of 10 originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. PERFORMANCE OF ADDITIONAL SERVICES PRIOR TO EXECUTION OF AN AMENDMENT The parties hereby agree that situations may arise in which IT services other than those described on Exhibit A are desired by Algona and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of Auburn’s performance of the requested services. Auburn hereby agrees that it shall perform such services upon the request of an authorized representative of Algona at a rate of compensation to be mutually negotiated in connection therewith. Any such additional IT services shall be memorialized in a written amendment in accordance with Section 2 of this Agreement. The invoice procedure for any such additional services shall be as described in Section 6 of this Agreement. 4. ALGONA’S RESPONSIBILITIES Algona shall do the following in a timely manner so as not to delay the services of Auburn: a. Designate in writing a person to act as Algona’s representative with respect to the services described in Exhibit A. Algona’s designee shall have complete authority to transmit instructions, receive information, interpret and define Algona’s policies and decisions with respect to the services, except in the event of an emergency as described in Exhibit A. b. Furnish Auburn with all information, criteria, objectives, schedules and standards for the services provided for herein. c. Arrange for access to the property or facilities as required for Auburn to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by Auburn and render decisions regarding such documents in a timely manner to prevent delay of the services. 5. ACCEPTABLE STANDARDS Auburn shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to Algona. ACT.B Page 11 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 3 of 10 6. COMPENSATION Compensation for Auburn’s performance of the services provided for herein are attached hereto as Exhibit B and by this referenced made a part of this Agreement. Annual sum shall be increased January 1, 2014 with advance notice given to Algona, and each January 1 thereafter, by an amount equal to 5% or the most recent Seattle-Tacoma-Bremerton Consumer Price Index - U whichever is greater for the term of this Agreement. Auburn shall submit to Algona a monthly invoice and Algona shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to Auburn thereafter in the normal course, subject to any conditions or provisions in this Agreement or Amendment. 7. TIME FOR PERFORMANCE AND TERM OF AGREEMENT Auburn shall perform the services provided for herein in accordance with the direction and scheduling provided in Exhibit A, unless otherwise agreed to in writing by the parties. The term of this Agreement shall be in effect for three (3) years beginning January 1, 2013 through December 31, 2016 and may be extended thereafter by written agreement of the Parties not later than 60 days prior to term end. It is provided, however, that either party may cancel this Agreement upon sixty (60) days written notice to the other party consistent with Paragraphs 11 and 12 of this Agreement. 8. OWNERSHIP AND USE OF DOCUMENTS All documents, reports, memoranda, diagrams, sketches, plans, design calculations, working drawings and any other materials created or otherwise prepared by Auburn as part of its performance of this Agreement (the “Work Products”) shall be owned by and become the property of Algona, and may be used by Algona for any purpose beneficial to Algona. Public records requests shall be the responsibility of Algona; however, Auburn may assist at Algona’s request at hourly rates provided under Exhibit B for onsite support. 9. RECORDS INSPECTION AND AUDIT All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by Algona for a period of up to three (3) years from the final payment for work performed under this Agreement. 10. CONTINUATION OF PERFORMANCE ACT.B Page 12 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 4 of 10 In the event that any dispute or conflict arises between the parties while this Contract is in effect, Auburn agrees that, notwithstanding such dispute or conflict, Auburn shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. Provided that, if Algona fails to pay for the services provided by Auburn, Auburn can cease providing such services until payment is made. 11. ADMINISTRATION OF AGREEMENT This Agreement shall be administered by Ron Tiedeman, Innovation and Technology Director or designee on behalf of Auburn, and by Diana Quinn, City Administrator or designee on behalf of Algona. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: CITY OF AUBURN Innovation & Technology Ron Tiedeman 25 W Main St Auburn, WA 98001-4998 Phone: 253-288-3160 Fax: 253-804-3116 E-mail: rtiedeman@auburnwa.gov CITY OF ALGONA City Administration Diana Quinn 402 Warde St. Algona, WA 98001 Phone: 253-833-2897 Fax: 253-939-3366 E-mail: dianaq@algonawa.gov 12. NOTICES All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 13. INSURANCE Algona shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage. This requirement shall be deemed satisfied by evidence of Algona's membership in a municipal self-insurance pool, including evidence of limits of coverages, exclusions and limits of liability satisfactory to Auburn. ACT.B Page 13 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 5 of 10 Auburn shall maintain in full force throughout the duration of this Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage. This requirement shall be deemed satisfied by evidence of Auburn's membership in a municipal self-insurance pool, including evidence of limits of coverages, exclusions and limits of liability satisfactory to Algona. 14. INDEMNIFICATION a. Algona shall indemnify and hold Auburn and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Auburn arising out of, in connection with, or incident to the execution of this Agreement and/or Algona’s performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of Auburn, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Algona; and provided further, that nothing herein shall require Algona to hold harmless or defend Auburn, its agents, employees and/or officers from any claims arising from the sole negligence of Auburn, its agents, employees, and/or officers. No liability shall attach to Auburn by reason of entering into this Agreement except as expressly provided herein. b. Auburn shall indemnify and hold Algona and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Algona arising out of, in connection with, or incident to the execution of this Agreement and/or Auburn’s performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of Algona, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Auburn; and provided further, that nothing herein shall require Auburn to hold harmless or defend Algona, its agents, employees and/or officers from any claims arising from the sole negligence of Algona, its agents, employees, and/or officers. No liability shall attach to Algona by reason of entering into this Agreement except as expressly provided herein. 15. WAIVER OF SUBROGATION Algona and Auburn hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be ACT.B Page 14 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 6 of 10 insured against under fire insurance contracts including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington, provided, that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of Algona or Auburn. 16. COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 17. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other party. 18. ATTORNEYS’ FEES If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party’s reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any appellate courts. 19. NONDISCRIMINATION Each of the parties, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, sexual orientation, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. 20. MISCELLANEOUS a. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto. b. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County, Washington. c. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. ACT.B Page 15 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 7 of 10 d. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. e. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. Operational review and service meetings shall be held every six (6) months, with representatives from both cities to review and discuss service and support delivery. f. No provision of this Agreement shall relieve either party of its public agency obligations and or responsibilities imposed by law. g. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time either party shall have the right to terminate the Agreement. h. This Agreement constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. i. Copies of this Agreement shall be filed with the King County Auditor’s Office and the respective Clerks of the parties hereto. ACT.B Page 16 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 8 of 10 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN ___________________________________ Peter B. Lewis Auburn Mayor CITY OF ALGONA ___________________________________ Print Name:________________________ Title: ______________________________ Attest: ___________________________________ Danielle Daskam, Auburn City Clerk Attest: ___________________________________ Print Name:________________________ Title: ______________________________ Approved as to form: ___________________________________ Daniel B. Heid Auburn City Attorney Approved as to form: ___________________________________ Print Name:________________________ Title: ______________________________ ACT.B Page 17 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 9 of 10 EXHIBIT A SCOPE OF SERVICES Services Provided: • General network and desktop support • Operating system patch management • Virus protection software management • Technical recommendations Requesting support: All requests for service should be emailed to helpdesk@auburnwa.gov. The request will be forwarded to City of Auburn technical staff for resolution. Persons authorized to request support on a non-emergency basis are City of Algona staff and designees. Service levels: For requests e-mailed Monday through Friday from 7:00 am to 5:00 pm, we will try to respond within 30 minutes. During high call volumes, we will assist you as soon as possible. With authorization by Mayor, Police Chief or City Administrator, support outside regular business hours will be provided on an emergency basis. If you need an immediate response during off hours and have the appropriate authorization, please email helpdesk@auburnwa.gov with the name of authorizing person and nature of issue or call 253-876-1947. Your issue will be forwarded to the on-call technician for resolution. Service limitations: • City of Auburn will assist and provide recommendations on network security but security remains the responsibility of City of Algona. • City of Auburn will assist and provide recommendations on hardware and software purchases. All hardware and software purchases are the responsibility of City of Algona. Billing: All service will be billed monthly according to Attachment B. Services that are billed on an hourly basis will include a brief description of the service and the department where the service was performed. ACT.B Page 18 of 37 INTERLOCAL AGREEMENT April 16, 2013 Page 10 of 10 EXHIBIT B COST OF SERVICES Support Function Operating Hours Billing rate Monthly cost General Network and desktop maintenance and support including operating system patch management, virus system software management, general troubleshooting and problem resolution that can be via remote access/phone. M - F, 7 a.m. - 5 p.m. excluding holidays $525.00 / month $525.00 Network and desktop repair and maintenance that require onsite support. M - F, 7 a.m. - 5 p.m. excluding holidays $75 / hour Per hour as required All support responses by City of Auburn technical support staff. Note: COA technical support staff will not respond without authorization from Mayor, Police Chief or City Administrator. Non business hours $110 / hour with one hour minimum Per incident as required Netmotion Client Software n/a Client billed at actual cost when added to Algona PC Maintenance billed at actual cost when invoiced to City of Auburn by Netmotion Per event Virus Protection Software n/a Yearly maintenance billed per machine at actual cost when invoiced to City of Auburn by software vendor Yearly ACT.B Page 19 of 37 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4943 Date: May 7, 2013 Department: Finance Attachments: Resolution No. 4943 Exhibit A Budget Impact: $0 Administrative Recommendation: City Council approve Resolution No. 4943. Background Summary: Review and discuss Redflex first amendment draft to extend the Agreement to May 31, 2014. Reviewed by Council Committees: Municipal Services, Public Works Councilmember:Peloza Staff:Coleman Meeting Date:May 13, 2013 Item Number:ACT.C AUBURN * MORE THAN YOU IMAGINEDACT.C Page 20 of 37 -------------------------------- Resolution No. 4943 April 23, 2013 Page 1 of 2 RESOLUTION NO. 4 9 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF AUBURN AND REDFLEX TRAFFIC SYSTEMS, INC. WHEREAS, the City of Auburn and Redflex Traffic Systems, Inc. (Redflex) entered into an Agreement on December 16, 2005, for photo red light and mobile speed enforcement, adopted by Resolution No. 3949; and WHEREAS, the Agreement between the City and Redflex expires on May 31, 2013; and WHEREAS, the parties would like to extend the Agreement to May 31, 2014. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an amendment to the Agreement between the City of Auburn and Redflex Traffic Systems, Inc. dated December 16, 2005, which amendment shall be in substantial conformity with the First Amendment to Agreement attached hereto as Exhibit “A” and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of ACT.C Page 21 of 37 -------------------------------- Resolution No. 4943 April 23, 2013 Page 2 of 2 this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of ____________________, 2013. CITY OF AUBURN _______________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.C Page 22 of 37 EXHIBIT A ACT.C Page 23 of 37 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF AUBURN, WA. AND REDFLEX TRAFFIC SYSTEMS, INC. RELATING TO PHOTO SPEED AND PHOTO RED LIGHT ENFORCEMENT This First Amendment to the Agreement is made this ____ day of __________, 2013 (the “Effective Date”) by and between Redflex Traffic Systems, Inc. with offices at 23751 N. 23rd Ave. #150, Phoenix, AZ 85085 (“Redflex”), and the City of Auburn, WA , 25 West Main Street, Auburn, WA 98001 (the “City”) (Redflex and the City are collectively referred to as the “Parties”). RECITALS A. This First Amendment is entered into pursuant to Auburn City Council authorization. B. On December 16, 2005 the City and Redflex entered An Agreement between The City of Auburn, WA and Redflex Traffic Systems, Inc. relating To Photo Speed and Photo Red Light Enforcement (the “ December 16, 2005 Agreement”), by which, generally, Redflex provided the City with a set of digital traffic enforcement cameras and related services, in return for the City’s payment in accordance with the payment provisions of the Agreement. On April 13, 2006 the Parties entered Addendum No. 1. The December 16, 2005 Agreement and Addendum No. 1 are collectively referred to as the “Agreement”. The term of the Agreement expires on May 31, 2013. C. Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, and applications related to digital photo red light and digital speed enforcement systems. D. The City desires to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the City are able to monitor, identify and enforce speed and red light running violations. E. It is a mutual objective of both Redflex and the City to reduce the incidence of vehicle collisions on the streets and at the intersections that are monitored pursuant to this First Amendment. TERMS AND CONDITIONS Redflex and the City agree as follows: 1. INCORPORATION BY REFERENCE. This First Amendment incorporates by Amendment – Auburn, WA ACT.C Page 24 of 37 reference all terms and conditions set forth in the Agreement Unless expressly modified by this First Amendment, the terms of the Agreement and Addendum No. 1 remain in full force and effect. 2. TERM OF FIRST AMENDMENT. The term of the First Amendment shall be from the Effective Date of this First Amendment to May 31, 2014. 3. NOTICES. NOTICES TO REDFLEX: Redflex Traffic Systems, Inc. 23751 N. 23rd Ave., #150 Phoenix, AZ 85085 Attention: Account Management Facsimile: (623) 207-5552 NOTICES TO THE CITY: City of Auburn With a copy to: 25 West Main Street City of Auburn Auburn, WA 98001 25 West Main Street Attention: William Pierson Auburn, WA 98001 Facsimile: (253) 931-5108 Attention: City Attorney Facsimile: (253) 931-5108 4. ENTIRE AGREEMENT. This First Amendment together with the Agreement comprises the entire integrated understanding between the City of Auburn and Redflex concerning the services described in the Agreement and this First Amendment. IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first above written. CITY OF AUBURN: CONTRACTOR: _________________________________ ___________________________ (Signature) Redflex Traffic Systems, Inc. _________________________________ ___________________________ (Name and Title) (Name and Title) APPROVED AS TO FORM: Amendment – Auburn, WA ACT.C Page 25 of 37 Amendment – Auburn, WA  (Signature) ____________________________ (Name and Title) ACT.C Page 26 of 37 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4945 Date: May 7, 2013 Department: Finance Attachments: Resolution No. 4945 Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 4945. Background Summary: The City’s Airport is in need of a mid-term update of the 2000-2020 Airport Master Plan (AMP) which will allow the City the opportunity to look at improvements to ensure the airport is in compliance with FAA standards, review aircraft population and forecast airport capacity, and update the Airport Layout Plan (ALP). The cost to update the AMP is estimated to total $225,000.00, funding for which will come from the FAA, the Washington State Department of Transportation (grant), and the City of Auburn. In 2012, the City applied for the FAA grant via Resolution No. 4815. An FAA grant in the amount of $202,500.00 was awarded to the City of Auburn on September 4, 2012. This request is to apply for, and accept, the proposed award of $6,000.00 from the Washington State Department of Transportation (WSDOT), Aviation Division. Requested state funding is based upon 5.0% of the anticipated expenditures for the master plan update ($120,000.00) from July 1, 2013 through completion date of February 2014 as the State funding cycle for the current state fiscal period is closed. Funding will be as follows: Airport Master Plan Update Sources of Funding: Federal Funds (FAA) received in 2012 $202,500.00 State Funds (WSDOT) this resolution $6,000.00 AUBURN * MORE THAN YOU IMAGINEDACT.D Page 27 of 37 Local Funds (Airport Fund #435) $16,500.00 Total $225,000.00 * Based upon 5.0% of $120,000.00, which is the amount anticipated to be spent starting July 1, 2013 coinciding with the new State funding cycle. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:May 13, 2013 Item Number:ACT.D AUBURN * MORE THAN YOU IMAGINEDACT.D Page 28 of 37 --------------------------- Resolution No. 4945 April 29, 2013 Page 1 of 3 RESOLUTION NO. 4945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO APPLY FOR, AND IF AWARDED, TO ACCEPT STATE GRANT FUNDS IN THE AMOUNT OF $6,000.00 FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AVIATION DIVISION TO UPDATE THE 2000-2020 AIRPORT MASTER PLAN AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT THEREFOR WHEREAS, the Auburn Municipal Airport is in need of a mid-term update to the 2000-2020 Airport Master Plan at a total cost of $225,000.00 in order to ensure the airport is in compliance with FAA standards, WHEREAS, the City of Auburn has already applied for, and has been awarded the Federal Aviation Administration grant per Resolution No. 4815 in the amount of Two Hundred Two Thousand and Five Hundred Dollars ($202,500.00), representing funds to be used towards preparing the update to the Airport Master Plan as specified above; and WHEREAS, the City of Auburn will submit to the Washington State Department of Transportation (WSDOT) a request for state grant funds in the amount of Six Thousand Dollars ($6,000.00) or 5.0% of the cost of the project to be spent in the new State funding cycle which begins July 1, 2013, representing funds to be used towards preparing the update to the Airport Master Plan as specified above; and WHEREAS, the City of Auburn has available and is willing to provide the remaining amount up to Sixteen Thousand Five Hundred Dollars ($16,500.00) needed as the City’s local match, and ACT.D Page 29 of 37 --------------------------- Resolution No. 4945 April 29, 2013 Page 2 of 3 WHEREAS, by virtue of this Resolution the City Council has expressed its statement of support of this project; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Auburn City Council does hereby express its statement of support for the mid-term update of the Auburn Municipal Airport Master Plan. The Auburn City Council does hereby authorize the City’s expenditure of Sixteen Thousand Five Hundred Dollars ($16,500.00) needed to complete this project. The Mayor of the City of Auburn is hereby authorized to apply for the Washington State Department of Transportation, Aviation Division grant, and to accept this grant should it be awarded to the City of Auburn. 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 THIS ______ DAY OF ______________, 2013. ACT.D Page 30 of 37 --------------------------- Resolution No. 4945 April 29, 2013 Page 3 of 3 CITY OF AUBURN ___________________________ PETER B. LEWIS, MAYOR ATTEST: ____________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid, City Attorney ACT.D Page 31 of 37 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4944 Date: May 8, 2013 Department: Police Attachments: Resolution No. 4944 Sale-Hold Harmless Agreement Budget Impact: $0 Administrative Recommendation: City Council approve Resolution No. 4944. Background Summary: Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:May 13, 2013 Item Number:ACT.G AUBURN * MORE THAN YOU IMAGINEDACT.G Page 32 of 37 ------------------------------ Resolution No. 4944 April 24, 2013 Page 1 of 2 RESOLUTION NO. 4 9 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CONVERSION TO, AND SALE OF AUBURN POLICE CANINE BODI AS SURPLUS PROPERTY OF THE CITY OF AUBURN WHEREAS, City of Auburn Police Canine Officer Samuel Betz has been promoted to Sergeant; and WHEREAS, the City of Auburn Police Department has evaluated Officer Betz’s Police Service Dog, Bodi, and has determined that it is best to retire the dog instead of trying to train the dog to a new officer; and WHEREAS, Sergeant Betz has expressed the desire to acquire sole and exclusive ownership of Bodi; and WHEREAS, there is an understanding between Canine Handling Officers and the City of Auburn that at the conclusion of a Police Service Dog’s usefulness, the City will sell the Police Service Dog to its Canine Handling Officer and his or her family for the sum of one dollar and no/100 ($1.00). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Auburn has determined that Canine Bodi has reached the end of a reasonable service period and therefore determined that the property status of said canine should be surplussed and should be sold consistent with the understanding and practice between the City and Canine Handlers, to Auburn City Police Officer Samuel Betz for the amount of one dollar ACT.G Page 33 of 37 ------------------------------ Resolution No. 4944 April 24, 2013 Page 2 of 2 and no/100 ($1.00) upon execution of the sale and waiver agreement as described in Exhibit A attached hereto and incorporated herein by this reference. Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. CITY OF AUBURN ___________________________ Peter B. Lewis Mayor ATTEST: ___________________________ Danielle E. Daskam City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid City Attorney ACT.G Page 34 of 37 SALE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT is entered into this ____ day of ______________, 2013, by and between the City of Auburn, its agents, employees and assigns (hereinafter referred to as the “City”) and Samuel Betz (hereinafter referred to as Sergeant Betz), his heirs and assigns. Police Canine Bodi, having come to the end of his service duty, may be purchased by his handler, Sergeant Betz, for the sum of one dollar and no/100 ($1.00). Sergeant Betz seeks to purchase Bodi under the terms of this Agreement and the City seeks to relieve itself of ownership of Bodi and any potential exposure to additional costs and/or other issues that may arise during the remainder of Bodi’s life. Sergeant Betz acknowledges and agrees that the Cit y has no basis upon which to render any warranty or guarantee regarding Bodi’s suitability for non-law enforcement activities, including suitability as a traditional pet or suitability for any particular purpose, and accordingly the city offers no warrant or guarantee and disclaims any warranty in law or equity that might otherwise accompany a sale. Sergeant Betz voluntarily accepts these conditions and disclaimers. For sufficient consideration, including Sergeant Betz’s payment under the terms of this Agreement and the City’s agreement to sell Bodi in lieu of other means of disposal and for other consideration as set forth in this agreement, Sergeant Betz agrees to release, acquit and forever discharge the City of and from any and all actions, claims, demands, claims for attorney’s fees or other claims of any variety on account of or in any way arising out of Sergeant Betz’s ownership of Bodi. Sergeant Betz specifically acknowledges that the sale of Bodi is “as is” that the City has not agreed to provide any further care or treatment for Bodi as a condition of sale, and agrees that he will not make any claim against the City after the sale for anything associated with Bodi’s medical or other needs or conditions, whether those needs and conditions occurred prior to or after this sale. Sergeant Betz agrees that Bodi is solely his property and that he bears full responsibility for Bodi’s care, behavior and actions from the time of purchase forward. By signing this Agreement, Sergeant Betz acknowledges that he has executed this Agreement of his own free will and is a voluntary act. _______________________________ ________________________________ Sergeant Samuel Betz, Purchaser By: Bob Lee, Chief of Police On behalf of the City of Auburn ACT.G Page 35 of 37 AGENDA BILL APPROVAL FORM Agenda Subject: Project Matrix Date: May 2, 2013 Department: Police Attachments: Project Matrix Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:May 13, 2013 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 36 of 37 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. DATE STATUS 10P Red Light Photo Enforcement Bob Lee 7/22/2013 Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. RedFlex contract will expire 6/22/13. 20P Animal Control and Rescue Bob Lee 7/8/2013 On-Going Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 1st meeting of the month. Animal Shelter and Service began January 1, 2013. 24P Fireworks Update Bob Lee 5/28/2013 On-Going Council met with MIT on 10/17/12 and reviewed the 2012 Fireworks season. 27P Animal Control Licensing Program Darcie Hanson 5/28/2013 On-Going Jan (Prev Oct-Dec); April (Prev Jan-Mar); July (Prev Apr- June); October (Prev Jul-Sep) 2nd meeting of the month. 28 P Solid Waste Rate Review Shelley Coleman 6/10/2013 Through MSWMAC input from other cities will help COA determine if it will change to direct billing. New rates will go into effect January 1 (2013 & 2014). Annual rate increases are planned in the next 4-5 years to end the commercial subsidy for residential service. 29P Golf Course & Restaurant Working Capital Review and Future Plans Shelley Coleman 7/22/2013 On-Going Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. 31P Cemetery Update Daryl Faber 7/22/2013 Quarterly update to review Marketing Plan. 2nd meeting of the month. NO.ITEM OF INTEREST 3 I Shopping Cart Update Randy Bailey 7/8/2013 January (Prev July-Dec), July (Prev Jan-June). 4 I Ordinance No. 6398 - Pull Tabs Dan Heid 1/13/2014 Annual review of taxation basis to determine if any changes need to be made -dependent upon status of economy. Ordinance No. 6398 was enacted 2/21/12. 5I Review all non-Utility Enterprise Fees/Funds Daryl Faber 6/24/2013 6I SCORE Jail Stats Shelley Coleman 7/22/2013 Review of SCORE Jail statistics. 7I Concealed Pistol Licenses Benefit Cost Analysis John Partridge 9/9/2013 Determine if we have appropriate costs for this task.This item has been assigned to Councilmember Partridge to take to the Regional Law Safety &Justice Committee meetings. Last Revision Date: 4/23/13 E:\AGENDA\MunicipalServicesPaperlessPacket\2013\9-May 13\Resources\Matrix 04-23-13.xls DI.A Page 37 of 37