HomeMy WebLinkAbout09-09-2013 MUNICIPAL SERVICES COMMITTEE AGENDA PACKET
Municipal Services Committee
September 9, 2013 - 3:30 PM
City Hall Conference Room 3
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. August 26, 2013 Minutes*
III.DISCUSSION ITEMS
A. Ordinance No. 6473* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Ordinance No. 6432, the 2013-2014 Biennial Budget Ordinance, as amended by
Ordinance No. 6456, Ordinance No. 6462, and Ordinance No. 6472, authorizing
amendment to the City of Auburn 2013-2014 Budget as set forth in Schedule "A"
and "B".
B. Ordinance No. 6480* (Faber)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 2.97 of the Auburn City Code, Defining a process for considering
requests for placement of monuments, memorials and structures to be located in
City Parks and on City Property.
C. Resolution No. 4990* (Tiedeman)
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 Black Diamond for Information Technology Services.
D. Project Matrix*
IV.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 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
August 26, 2013 Minutes
Date:
August 28, 2013
Department:
Police
Attachments:
August 26, 2013 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:September 9, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 43
Municipal Services Committee
August 26, 2013 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room
3 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, Parks, Arts & Recreation Director Daryl
Faber, Finance Director Shelley Coleman, City Attorney Dan Heid,
Assistant City Attorney Steve Gross, Auburn Municipal Airport
Manager Jamelle Garcia and Police Secretary/Scribe Terry Mendoza.
Others present: Citizen Scot Pondelick and Auburn Reporter
Representative Robert Whale.
B. Announcements
C. Agenda Modifications
Resolution No. 4987 was added as an action item. This is a
Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement
between the City of Auburn and Century West Engineering Corp., for
civil engineering services at the Auburn Municipal Airport. Finance
Director Shelley Coleman briefed the Committee on the contract that
Assistant City Attorney Steve Gross and Auburn Municipal Airport
Manager Jamelle Garcia have been working on since June 2013.
Every five years we are required to fulfill grant assurances by
conducting a selective process to reevaluate engineering services.
The advertisement was completed in June with the selection review
taking place in July. There were two firms interviewed and Century
West was selected. As such, this Resolution allows us to enter into a
contract with Century West for design work at the airport. Vice Chair
Osborne requested clarification on Exhibit A as listed in the
Resolution. City Attorney Dan Heid stated that the Contract is Exhibit
A and it will be notated correctly on the Final document. Committee
discussion followed.
Page 1 of 3
CA.A Page 3 of 43
Vice Chair Osborne moved to forward Resolution No. 4987 to full
Council for consideration. Member Partridge seconded. Chair Peloza
concurred.
MOTION PASSED: 3-0
II. CONSENT AGENDA
A. August 12, 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. Animal Control Licensing Program (Coleman)
Finance Director Shelley Coleman provided an update to the
Committee. At the request of Chair Peloza, Director Coleman
distributed updated charts showing the Sales and Revenue data
separately. Year to date revenue through July shows we are at
$90,855.00 compared to our budget goal of $96,000.00. Licenses
sold through July totals 3,057 as compared to King County's 2012
total of 3,535. Additionally, a chart was provided illustrating how the
AVHS loan of $102,548.00 would be repaid to the City of Auburn.
Committee discussion followed.
B. Resolution No. 4984 (Faber)
Mayor Lewis led the discussion by advising the Committee that the
information provided on the (green) Agenda was incorrect. The
original intent of Resolution No. 4984 was to express support for
veteran recognition measures in the City of Auburn and identify
methods through which such recognition will be addressed. This draft
Resolution now defines a process for approval of requests for
structures in City parks and subject to approval by the City Council as
to which structures would be approved and where the structures
would be located. It also references a City policy that is intended to
define the City's position with regards to control of such structures in
City parks. A few corrections to the draft Resolution were identified by
the committee and the appropriate changes will be included in the
final version. City Attorney Dan Heid distributed a sample of this
same type of Monument Policy from the City of San Jose, California,
as a reference for the Committee.
In addition, Chair Peloza, handed out a computer photo rendering to
the Committee and Mayor reflecting the Les Gove Community Center
with a Pavilion of Flags surrounding the front court yard. Also, Chair
Page 2 of 3
CA.A Page 4 of 43
Peloza suggested that a copy of this photo be given to the PCDC as
well during their review of Resolution No. 4984.
C. Police Equipment (Lee)
Assistant Police Chief Bill Pierson briefed the Committee on new
Officer Equipment and Uniform costs for New Recruit & Academy
Uniform, Post Academy Items and commissioned Officer Uniform.
Portable radios are currently being replaced through King County and
the costs per radio have increased due to advances in technology and
software. Protective vests are replaced every five years. In addition,
the Committee was briefed on Patrol Car Equipment &
Technology. The Auburn Police Department (APD) currently has 28
patrol cars and since the APD is a solo patrol agency there is one
officer assigned to a car per shift. Two (2) Officers are used on
special circumstances. Vehicles are replaced based on mileage.
Committee discussion followed.
D. Project Matrix
The following updates were identified for the Project Matrix:
Item 24P: Review date changed to 6/9/14.
Item 27P: Review date changed to 9/23/14.
IV. ADJOURNMENT
The meeting was adjourned at 4:20 p.m. The next regular meeting is
scheduled for Monday, September 9, 2013 at 3:30 p.m. in Conference
Room 3 of City Hall, 25 West Main Street, Auburn, WA.
Signed this _____________ day of September, 2013.
_______________________ __________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 3 of 3
CA.A Page 5 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6473
Date:
September 3, 2013
Department:
Finance
Attachments:
Memo
Ordinance No. 6473
Schedule A and B
Budget Impact:
$375,240.00
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6473
Background Summary:
Ordinance No. 6473 (Budget Amendment #4) amends the 2013-2014 Revised Budget
as presented in the attached transmittal memorandum and supporting attachments.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Backus Staff:Coleman
Meeting Date:September 9, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 6 of 43
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: September 3, 2013
Re: Ordinance #6473 – 2013-2014 Budget Amendment #4
This amendment is the fourth budget amendment for the 2013-2014 biennium. Proposed amendments to
the 2013 budget are as follows:
Lea Hill Park (CP#1003): A total of $155,000.00 in additional budget authority is requested to enable
installation of the restroom and roadway resurfacing for Lea Hill Park. Construction of the park is
substantially complete with the exception of these two items. Source of funding will be from a transfer-
in of available real estate excise taxes from the municipal construction fund (Fund #328) in the amount
of $105,000 and an in-fund adjustment of $50,000.00 from unspent park improvement funds (Fund
#321). Approval of this proposed amendment would increase the project budget to $946,025.00.
Auburn Community Center (CP0925) and Auburn Activity Center (CP1015): $80,240.00 in
additional budget authority for the Auburn Community Center and $85,000.00 in additional budget
authority for the Auburn Activity Center is requested to fund completed design services from BLRB
Architects. Source of funding will be from a transfer-in of available real estate excise taxes from the
municipal construction fund (Fund #328). Approval of this proposed amendment would increase the
Auburn Community Center project budget to $108,536.50 and the Auburn Activity Center budget to
$85,000.00.
Airport Runway and Apron Rehabilitation: $110,000 in new budget authority is requested to fund
design work related to rehabilitation and seal-coating of runway and apron areas at the Auburn Airport.
Funding for this phase of the project will include a grant from the Federal Aviation Administration (90%
or $100,000), the Washington State Department of Transportation (5% or $5,000), and City Airport
fund balance (5% or $5,000). Council authorization to apply for this grant was previously approved by
Resolution 4928. The FAA has given verbal confirmation of award with formal notification forthcoming.
Construction work will occur in 2014 and will be included as part of the mid-biennial budget
amendment. This phase of the work will cost $265,000 and will be FAA and State grant funded in a
similar fashion to the design work presented above.
DI.A Page 7 of 43
The following table summarizes the current and revised city-wide budget as a result of this
amendment.
Table 1: 2013 Budget as Amended
2013 Budget as Amended $ 256,169,481.06
Budget Amendment #4 (Ord #6473) 375,240.00
Budget as Amended $ 256,544,721.06
Attachments:
1. Proposed Ordinance #6473 (budget adjustment #4)
2. Summary of proposed 2013 budget adjustments by fund and department (Schedule A)
3. Summary of approved changes to adopted 2013 budget by fund (Schedule B)
DI.A Page 8 of 43
ORDINANCE NO. 6473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6432, THE 2013-2014 BIENNIAL BUDGET ORDINANCE, AS
AMENDED BY ORDINANCE NO. 6456, ORDINANCE NO.
6462, AND ORDINANCE NO. 6472, AUTHORIZING
AMENDMENT TO THE CITY OF AUBURN 2013-2014
BUDGET AS SET FORTH IN SCHEDULE “A” AND
SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2012, adopted Ordinance No. 6432 which adopted the City of Auburn 2013-2014
Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of March 4, 2013,
adopted Ordinance No. 6456 (BA#1) which amended Ordinance No. 6432 which
adopted the City of Auburn 2013-2014 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of May 28, 2013,
adopted Ordinance No. 6462 (BA#2) which amended Ordinance No. 6456 which
amended the City of Auburn 2013-2014 Biennial budget; and
WHEREAS, the Auburn City Council at its regular meeting of August 5,
2013, adopted Ordinance No. 6472 (BA#3) which amended Ordinance No. 6462
which amended the City of Auburn 2013-2014 Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2013 budget as outlined in this Ordinance (BA#4);
and
WHEREAS, this Ordinance has been approved by one more than the
majority of all councilpersons in accordance with RCW 35A.34.200.
-------------------------
Ordinance No. 6473
September 3, 2013
Page 1 of 3 DI.A Page 9 of 43
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2013-2014 Biennial Budget. The 2013-
2014 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts
shown on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and
Schedule “B” is on file with the City Clerk and available for public inspection.
Section 2. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the
remainder of such code, ordinance or regulation or the application thereof to other
person or circumstance shall not be affected.
Section 3. Implementation. The Mayor is hereby 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 five (5) days from and after its passage, approval and publication as provided
by law.
-------------------------
Ordinance No. 6473
September 3, 2013
Page 2 of 3 DI.A Page 10 of 43
-------------------------
Ordinance No. 6473
September 3, 2013
Page 3 of 3
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
PETER B. LEWIS, MAYOR
ATTEST:
____________________________
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
____________________________
Daniel B. Heid
City Attorney
PUBLISHED:__________________
DI.A Page 11 of 43
Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #4 Ordinance 6473
C:\Users\tmendoz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6KBKCWKN\BA#4 - Sched A and B.xlsx 1
Municipal Park Construction Fund (#321)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget 613,497.00 1,216,770.00 1,505,000.00 325,267.00
BA#1 (Adopted Ordinance #6456)626,025.00 477,296.50 1,103,321.50 0.00
BA#2 (Adopted Ordinance #6462)(809,407.00)626,025.00 0.00 (183,382.00)
BA#3 (Adopted Ordinance #6472)0.00 0.00 0.00 0.00
Lea Hill Park (cp1003)0.00 0.00 155,000.00 (155,000.00)
Miscellaneous Park Improvements (bud321)0.00 0.00 (50,000.00)50,000.00
REET2 transfer-in from F328 0.00 105,000.00 0.00 105,000.00
Auburn Community Center (cp0925)0.00 0.00 80,240.00 (80,240.00)
Auburn Activity Center (cp1015)0.00 0.00 85,000.00 (85,000.00)
REET1 transfer-in from F328 0.00 165,240.00 0.00 165,240.00
BA#4 (Proposed Ordinance 6473)0.00 270,240.00 270,240.00 0.00
2013 Revised Budget 430,115.00 2,590,331.50 2,878,561.50 141,885.00
Total Resources / Expenditures 3,020,446.50 3,020,446.50
Capital Improvements Fund (#328)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget 5,268,537.00 1,551,487.00 2,053,720.00 4,766,304.00
BA#1 (Adopted Ordinance #6456)675,543.50 109,734.00 854,277.50 (69,000.00)
BA#2 (Adopted Ordinance #6462)468,394.50 0.00 11,408.00 456,986.50
BA#3 (Adopted Ordinance #6472)0.00 0.00 0.00 0.00
REET1 transfer-out to F321 0.00 0.00 165,240.00 (165,240.00)
REET2 transfer-out to F321 0.00 0.00 105,000.00 (105,000.00)
BA#4 (Proposed Ordinance 6473)0.00 0.00 270,240.00 (270,240.00)
2013 Revised Budget 6,412,475.00 1,661,221.00 3,189,645.50 4,884,050.50
Total Resources / Expenditures 8,073,696.00 8,073,696.00
DI.A Page 12 of 43
Schedule A
Summary of 2013 Budget Adjustments by Fund
Budget Amendment #4 Ordinance 6473
C:\Users\tmendoz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6KBKCWKN\BA#4 - Sched A and B.xlsx 1
Airport Fund (#435)Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget 727,073.00 724,880.00 907,801.00 544,152.00
BA#1 (Adopted Ordinance #6456)145,846.00 0.00 145,846.00 0.00
BA#2 (Adopted Ordinance #6462)-54,007.00 86,346.00 0.00 32,339.00
BA#3 (Adopted Ordinance #6472)0.00 0.00 0.00 0.00
Airport Runway/Apron rehabilitation and seal coat
FAA Grant Funding (90%; in process)0.00 100,000.00 100,000.00
State Grant Funding (5%; in process)0.00 5,000.00 5,000.00
Project Design Expenses 110,000.00 (110,000.00)
BA#4 (Proposed Ordinance 6473)0.00 105,000.00 110,000.00 -5,000.00
2013 Revised Budget 818,912.00 916,226.00 1,163,647.00 571,491.00
Total Resources / Expenditures 1,735,138.00 1,735,138.00
Grand Total - All Funds Beg. Fund Balance
2013
Revenues 2013 Expenditures
Ending Fund
Balance
2013 Adopted Budget 66,056,411.00 160,298,583.00 168,557,536.00 57,797,458.00
BA#1 (Adopted Ordinance #6456)16,059,938.79 2,415,936.37 18,667,324.75 (191,449.59)
BA#2 (Adopted Ordinance #6462)9,441,816.90 1,896,795.00 5,423,410.80 5,915,201.10
BA#3 (Adopted Ordinance #6472)0.00 0.00 0.00 0.00
BA#4 (Proposed Ordinance 6473)0.00 375,240.00 650,480.00 (275,240.00)
2013 Revised Budget 91,558,166.69 164,986,554.37 193,298,751.55 63,245,969.51
Total Resources / Expenditures 256,544,721.06 256,544,721.06
September 3, 2013
Prepared by City of Auburn Finance Department
F:\Budget Directory\2013 Budget\Amendments\BA#3\Budget Adjustments Summary
DI.A Page 13 of 43
Schedule B
2013 Appropriations by Fund
2013 Appropriation Authority by Fund
2013 Adopted BA#1 BA#2 BA#3 BA#4 Total 2013 Revised
Fund Budget (Ord 6456) (Ord 6462) (Ord 6472) (Ord 6473) Amendments Budget
General Fund (#001)62,679,549.00 359,086.00 4,973,008.93 - - 5,332,094.93 68,011,643.93
Arterial Street Fund (#102)14,420,588.00 1,470,704.87 190,961.00 - - 1,661,665.87 16,082,253.87
Local Street Fund (#103)2,744,920.00 390,000.00 228,163.00 - - 618,163.00 3,363,083.00
Hotel Motel Fund (#104)171,181.00 - 17,982.00 - - 17,982.00 189,163.00
Arterial Street Preservation Fund (#105)4,215,857.00 60,000.00 (34,068.00) - - 25,932.00 4,241,789.00
Drug Forfeiture Fund (#117)1,200,390.00 - (61,016.00) - - (61,016.00) 1,139,374.00
Housing and Community Development Grant Fund (#119)505,647.00 - 129,765.00 - - 129,765.00 635,412.00
Recreation Trails Fund (#120)29,571.00 - - - - - 29,571.00
Business Improvement Area Fund (#121)76,680.00 - 2,816.00 - - 2,816.00 79,496.00
Cumulative Reserve Fund (#122)7,316,905.00 - 39,053.00 - - 39,053.00 7,355,958.00
Mitigation Fees Fund (#124)3,248,612.00 - 692,567.00 - - 692,567.00 3,941,179.00
1998 Library Fund (#229)326,654.00 - - - - - 326,654.00
2010 Annex A&B Bond Debt Fund (#230)1,696,678.00 - - - - - 1,696,678.00
2010 C&D Local Revitalization Debt Fund (#231)594,570.00 - - - - - 594,570.00
LID Guarantee Fund (#249)44,588.00 - - - - - 44,588.00
LID #250 (#250)56,741.00 - - - - - 56,741.00
LID #350 (#275)7,245.00 - 5,631.00 - - 5,631.00 12,876.00
Municipal Park Construction Fund (#321)1,830,267.00 1,103,321.50 (183,382.00) - 270,240.00 1,190,179.50 3,020,446.50
Capital Improvements Fund (#328)6,820,024.00 785,277.50 468,394.50 - - 1,253,672.00 8,073,696.00
Local Revitalization Fund (#330)- 667,975.89 - - - 667,975.89 667,975.89
Golf Course Debt Service Fund (#417)390,429.00 - - - - - 390,429.00
Water Fund (#430)26,035,130.00 6,672,167.40 525,982.70 - - 7,198,150.10 33,233,280.10
Sewer Fund (#431)29,802,836.00 (12,620,753.00) 1,787,492.09 - - (10,833,260.91) 18,969,575.09
Storm Drainage Fund (#432)19,621,816.00 3,893,475.00 332,250.21 - - 4,225,725.21 23,847,541.21
Sewer Metro Fund (#433)- 14,000,000.00 - - - 14,000,000.00 14,000,000.00
Solid Waste Fund (#434)12,679,564.00 825,000.00 293,193.34 - - 1,118,193.34 13,797,757.34
Airport Fund (#435)1,451,953.00 145,846.00 32,339.00 - 105,000.00 283,185.00 1,735,138.00
Cemetery Fund (#436)1,062,416.00 30,000.00 168,692.05 - - 198,692.05 1,261,108.05
Golf Course Fund (#437)1,611,664.00 - (15,292.38) - - (15,292.38) 1,596,371.62
Insurance Fund (#501)1,986,779.00 - 43,902.08 - - 43,902.08 2,030,681.08
Facilities Fund (#505)4,563,249.00 120,674.00 432,752.96 - - 553,426.96 5,116,675.96
Innovation and Technology Fund (#518)7,237,981.00 589,100.00 258,060.19 - - 847,160.19 8,085,141.19
Equipment Rental Fund (#550)7,624,754.00 - 1,048,260.94 - - 1,048,260.94 8,673,014.94
Fire Pension Fund (#611)2,663,285.00 - (38,441.71) - - (38,441.71) 2,624,843.29
Cemetery Endowment Fund (#701)1,636,471.00 (16,000.00) (455.00) - - (16,455.00) 1,620,016.00
Total 226,354,994.00 18,475,875.16 11,338,611.90 - 375,240.00 30,189,727.06 256,544,721.06
September 3, 2013
Prepared by City of Auburn Finance Department
F:\Budget Directory\2013 Budget\Amendments\BA#3\Budget Adjustments Summary
DI.A Page 14 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6480
Date:
September 5, 2013
Department:
Parks, Arts & Recreation
Attachments:
Ordinance No. 6480
Budget Impact:
$0
Administrative Recommendation:
For discussion in Municipal Services Committee meeting.
Background Summary:
The proposed ordinance seeks to establish a process for City Council or Mayor
decisions (depending upon the size or value) of monuments, memorials and structures
to be located in City Parks or on City Parks or on City property. The Ordinance
addresses criteria to be applied and does so so as to distinguish these monuments and
memorials as Government Speech (the right of the government to express itself in City
parks and on City property) rather than opening the door for competing expressios of
individual first amendment rights in a public forum. in essence, the Ordinance seeks to
prevent such monuments from becoming a public forum for which individuals would be
able to make the decision - ostensibly deciding what goes in City parks, for instance.
The process and criteria are intended to make sure that the City (Mayor or City Council)
is the recognized authority entitled to make the decisions of what monuments shall be
permitted to be located on City property and (if so) where on the City property they shall
be located.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Backus Staff:Faber
Meeting Date:September 9, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 15 of 43
----------------------------
Ordinance No. 6480
September 4, 2013
Page 1 of 8
ORDINANCE NO. 6 4 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 2.97 OF THE AUBURN CITY CODE, DEFINING
A PROCESS FOR CONSIDERING REQUESTS FOR
PLACEMENT OF MONUMENTS, MEMORIALS AND
STRUCTURES TO BE LOCATED IN CITY PARKS AND ON
CITY PROPERTY
WHEREAS, the City of Auburn is an inclusive community and strives to make all
of its citizens feel welcome and a part of the City; and
WHEREAS, the City also recognizes the importance of parks and City property in
the community; and
WHEREAS, different than the first amendment – freedom of speech - rights of
individuals or entities to express themselves, whether in City Parks or other public
forums, the City recognizes its rights to control what structures are constructed on City
Parks and on its property; and
WHEREAS, it is appropriate that a process be defined so that any citizens,
groups or entities who are proposing, requesting or interested in monuments, memorials
and structures to be located in City Parks and City property know the process through
which those requests would be considered and approved; and
WHEREAS, the City also desires to preserve its rights to control what permanent
structures are erected in City Parks and/or on City property, and the City reserves the
right to determine which structures convey a positive community messages in keeping
with the City’s Policy, as stated herein, for structures to be located in City Parks and/or
on City property; and
DI.B Page 16 of 43
----------------------------
Ordinance No. 6480
September 4, 2013
Page 2 of 8
WHEREAS, the City is receptive to and inviting of requests by individuals and
organizations to have monuments, memorials and structures placed in City parks, within
the parameters of the City’s so long as they are in keeping with the City’s policy for
monuments, memorials and structures to be located in City Parks and on City property,
as described and referenced herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Creation of a New Chapter to the City Code.
A new Chapter 2.97 of the Auburn City Code (ACC) be, and the same hereby is
created to read as follows:
Chapter 2.97
MONUMENTS TO BE LOCATED IN CITY PARKS
AND ON CITY PROPERTY
Sections
2.97.010 Purpose and introduction.
2.97.020 Definitions.
2.97.030 Government speech on monuments.
2.97.040 Administration.
2.97.050 Donated and private funding of monuments.
2.97.060 Review process.
2.97.070 Review criteria.
2.97.080 Public right of way.
2.97.090 Other policies.
2.97.010 Purpose and introduction.
A. The City may, from time to time, decide to install permanent outdoor
Monuments on City property to provide the City’s commemoration of persons or events
of note, or to otherwise convey the City’s position on various topics (“referred to as
“Government Speech”).
B. By placing Monuments on City property, the City intends only to engage in
Government Speech and does not intend to open a public forum for free speech activity.
C. The purpose of this Chapter is to establish criteria and guidelines for the
consideration and installation of Monuments outdoors on City-owned property deemed
by the City to be appropriate to serve as the site for a Monument. In doing so, the City
recognizes the following considerations:
DI.B Page 17 of 43
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Ordinance No. 6480
September 4, 2013
Page 3 of 8
1. Monuments can convey a powerful connection between Auburn and its
history, and in some instances its future.
2. It is therefore important that the placement of Monuments be limited to
circumstances of the highest community-wide importance, both to maintain the
significance of such Monuments and to minimize conflicts with the active and variable
use of public spaces.
Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject
a proposal for a Monument and/or may determine the appropriate site for any and all
City Monuments.
2.97.020 Definitions.
“Monument” means a marker, statue, or other similar permanent structures and
installations to express Government Speech, as further described in this Chapter, and
which are installed by the City on City property, or which are accepted by the City and
installed on City property with City permission. Monuments may be in various forms
including statues, fountains, buildings, or gardens among other forms of monuments as
determined by the City.
Monuments do not include items dedicated in parks, such as benches, trees,
small plaques (plaques not larger than two feet by three feet [2’ x 3’]), and other
memorials with a dollar value that does not exceed Five Thousand Dollars ($5,000.00),
as determined by the estimated or anticipated cost of purchase or construction and
installation or placement; Provided, however, that if the monument requires a building
permit, it shall be included in the definition of monuments.
Monuments do not include memorial signs as defined in the City’s Memorial Sign
Program (Chapter 12.68 ACC)
2.97.030 Government speech on monuments.
A. City’s Government Speech Topics. The City may install or accept City-
approved Monuments on City property as a form of “Government Speech” (per
doctrines addressed in Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S.
819, 115 S.Ct. 2510, 132 L.Ed.2d 700 [1995] and cases relying thereon) as City
recognition of significant events or people or to provide information from the City on
topics approved by the City, as set forth below:
1. The contributions of individuals or groups who made a substantial impact
upon the City, the Auburn Community, King County, Pierce County, Washington State,
or the United States;
2. The City’s position on topics of interest to the community, as determined
by the City Council;
3. The history of Auburn, the State of Washington, or of the United States;
4. Historical or cultural influences on Auburn;
5. Native flora, fauna and wildlife of Auburn and the greater Auburn Area –
the area surrounding Auburn and regionally in the vicinity of Auburn;
6. Local innovation or creativity that has contributed to Auburn’s growth and
prosperity; or
DI.B Page 18 of 43
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Ordinance No. 6480
September 4, 2013
Page 4 of 8
7. Other criteria selected by the City Council and set forth in an amendment
to this Chapter.
B. The City shall not place Monuments on City property which have the
purpose of promoting, favoring or inhibiting any religion or which would appear to a
reasonable person that the City is promoting, favoring, or opposing a religion.
2.97.040 Administration.
A. The Mayor may recommend to City Council the approval or denial of
monument proposals. The Mayor may enact administrative guidelines and procedures
to implement this Chapter, including without limitation, designation of locations deemed
amenable to Monuments. The Mayor shall also designate the Lead Department or
Departments for Monuments located on City property depending on the proposed
location of the Monument and the potential impact to City Departments.
B. Notwithstanding that certain City property is operated or managed by a
private operator pursuant to an agreement, the evaluator of the Monument and the final
decision maker shall be the City and not the private operator or manager.
C. The Director of the Lead Department shall coordinate with the Director of
Parks, Art and Recreation if there are any questions or issues as to whether a proposed
Monument is primarily Public Art, or whether it otherwise fits into the City’s Public Art
programs.
2.97.050 Donated and private funding of monuments.
A. In accordance with Chapter 2.87 ACC, the City encourages private
donations to the City to support various City programs and City operations, which may
include without limitation, the cost of acquisition, installation and maintenance of
Monuments on City property. The City prefers to receive private donations in the form of
funds that may be used by the City to review, design, fabricate, acquire, install and/or
maintain Monuments, rather than the donation of a completed Monument.
B. However, the City may from time to time, at City’s sole option, consider
accepting a completed Monument as a form of Government Speech, provided that the
Monument meets the City’s approved Government Speech topics and also meets all of
the other criteria set forth in this Chapter and in any related administrative guidelines or
procedures. After City’s acceptance of a Monument which acceptance shall be through
an appropriate process approved by the City, and subject to City’s explicit approval of
installation of the Monument upon City property, title to the Monument shall vest with
City and the City may remove, relocate and shall otherwise have sole control over the
Monument.
C. While the City appreciates donations of Monuments to the City, the City is
under no obligation to accept any donated Monument even if the Monument meets, or
could be said to meet, all of the criteria set forth in this Chapter. The City’s decision to
accept a donated Monument may also depend upon the cost to the City of design,
fabrication, installation and maintenance of the Monument and site considerations,
among other factors.
D. The City may, at its option, decide for budgetary reasons to prioritize
Monuments where the City expects to receive donated funding to cover the cost of
DI.B Page 19 of 43
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Ordinance No. 6480
September 4, 2013
Page 5 of 8
design, fabrication, installation and maintenance of the Monument. Unless otherwise
agreed by City Council, the donor of a proposed Monument is responsible for providing
the City with funds to cover the cost of review, design, fabrication, installation and
maintenance to ensure adequate care for the Monument.
2.97.060 Review process.
A. The Mayor or his or her designee shall provide the initial screening of
Monument proposals to determine if the proposed Monument complies with the
provisions of this Chapter including without limitation, to evaluate the suitability of the
proposed Monument site, if any. The Mayor (or his or her designee) shall decide
whether to forward the proposal for further review or to decline further City consideration
of the proposed Monument based upon considerations consistent with this Chapter. If
the Mayor’s decision is to conduct further review of the proposal, the proposal shall be
referred to the appropriate department.
B. The Lead Department shall prepare a report for consideration by the
Mayor and such board or commission designated by the Mayor or City Council, if any,
and shall coordinate with other affected departments. The Lead Department shall make
an advisory recommendation to the Mayor regarding the Monument based upon the
factors set forth in this Chapter and the Review Criteria set forth below.
C. The City shall have final approval of a City project to design and construct
a Monument, or to accept a donated Monument. The Mayor shall consider the Lead
Department’s recommendation and make a final determination regarding the proposed
Monument and whether to approve the Monument or to seek City Council approval of
the Monument if the cost or value of the Monument exceeds the Mayor’s purchasing
authority level as set forth in ACC 3.10.020.
D. The Mayor shall, on at least a quarterly basis, informing the City Council of
all of the Monument donations and application proposals received by the Mayor, and
the Mayor’s decision regarding each proposal.
E. Each Monument applicant or donor shall be informed in writing of their
right to appeal the Mayor’s decision, as described below, in the Monument
donation/application materials prepared by the City. If a proponent for a proposed
Monument disagrees with the Mayor’s decision regarding a proposed Monument, the
proponent may submit a written appeal of the decision to the City Clerk’s Office within
10 calendar days of the Mayor’s decision.
F. The City Council shall evaluate the merits of the appeal of any decision of
the Mayor. The City Council shall make a final determination on the approval or denial
of the Monument proposal by evaluating (i) the merits of the Monument proposal based
upon the criteria set forth in this Chapter, (ii) the Mayor’s reason for denial and, (iii) the
results of any staff review of the proposal.
G. All required environmental review shall be approved by the City’s planning
department before the City commits to installing a Monument. The Monument shall be
consistent with adopted City master plans unless those plans are amended as a part of
the review process.
DI.B Page 20 of 43
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Ordinance No. 6480
September 4, 2013
Page 6 of 8
H. While a formal building permit is not required, the Building Official shall
review the structure and site plan to ensure conformance with the building code adopted
by Washington State.
I. Notwithstanding the foregoing, the City may decide, in its sole discretion,
to reject a proposal for a Monument and/or may determine the appropriate site for any
and all City Monuments.
J. Notwithstanding any other provisions of the Auburn City Code, the
process set forth in this Chapter shall be the only City process for reviewing the siting or
location of monuments.
2.97.070 Review criteria.
A. A proposed Monument must:
1. Pass City safety and liability exposure review.
2. Conform to the approved Government Speech topics.
3. Be made of durable materials, able to withstand the elements for a
minimum of 50 years with minimum maintenance.
4. Be made of materials resistant to vandalism and graffiti as much as is
reasonably possible.
5. Be of a scale, materials, color and style appropriate and consistent with
aesthetics of the proposed location of the Monument and such other reasonable factors
as the City determines, including but not limited to sight distance, safety, and other
applicable requirements for structures as set forth in the Auburn City Code.
6. Conform to the requirements of the Americans with Disability Act (ADA) to
ensure that there is a path that allows access to the monument.
7. Conform to the adopted building code to ensure that the footing and
monument are structurally adequate.
B. The City shall also consider whether:
1. The person, group or event being memorialized deemed by the City to
have made a significant enough contribution to merit a Monument of the scale, cost and
visibility of the proposed Monument.
2. The Monument duplicates existing Monument themes. Multiple
monuments for similar or related groups are disfavored.
3. The Monument proposal has been the subject of one or more public
meetings conducted by the Monument’s proponents. The public meeting shall be
conducted in accordance with ACC Section 18.02.030.
4. The proposed Monument has the general support of the persons or
community that the Monument is intended to honor. If through the public meeting
process, the Mayor finds that a proposed Monument is a source of substantial
dissention or discord within the City, the Mayor shall seek direction from such board or
commission designated by the Mayor or City Council, if any, before making a final
determination.
5. The proposed site in the park or plaza for the Monument is related to the
underlying purpose of the Monument or the site in the park or plaza has been
designated in a master plan or other approval of the City Council or Mayor as a
particularly appropriate site for a proposed Monument.
DI.B Page 21 of 43
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Ordinance No. 6480
September 4, 2013
Page 7 of 8
6. The Monument has been designed by or under the direct supervision of a
qualified professional in the art or design field, and provides a quality, scale, and
character commensurate with the location, circulation, and use patterns of the City
property. Qualified professionals include registered architects, engineers, landscape
architects and artists who can demonstrate professional recognition in the form of public
commissions or permanent public installations. The City may solicit input from such
professionals, and from planners or urban designers in making this determination.
Monuments shall not displace the intended function and or use of said property, as
articulated in adopted master plans or similar City documents.
7. There is a committed and verifiable funding source for the review, design,
fabrication, installation and maintenance of the Monument before proceeding to incur
City costs and staff time. The proponents of the Monument agree to enter an agreement
to provide the City with funds that cover the cost of review, design, fabrication and
installation, and an adequate endowment to cover the cost of the Monument’s
maintenance as determined by City. Alternatively, the City may consider accepting an
agreement from a group to maintain a Monument in perpetuity and in accordance to
City Standards rather than a cash endowment.
8. If the monument proposes to fly the flag on another country, the Mayor or
City Council shall consider whether there are other opportunities for monuments,
memorials or similar structures to convey the messages or accomplish the purposes of
the proposed monument where the foreign flag is or could be flown, in Auburn, or
elsewhere.
2.97.080 Public right of way.
The public right of way shall not be considered as a site for Monuments, except
as provided for in Chapter 12.68 ACC.
2.97.090 Other policies.
A. Nothing in this Chapter is intended to supersede or limit any other City
Code Sections or Administrative Policies, including, but not limited to: the City’s Policies
and Procedures for its Art in Public Places programs, whether the art is privately or
publicly funded, and the provisions of Ordinance No. 6243 (including Chapter 2.85
ACC) and Resolution No’s. 4546 (Percent for Art) and 4323 (Integrated Artwork), and
the Auburn Parks, Arts and Recreation Department Policies and Procedures for Gift
Acceptance and Donor Recognition.
B. This Chapter does not cover temporary installations on City property, nor
does it limit the City’s ability to place signage or plaques on City property to provide
donor or sponsor recognition, public information regarding a City project, or to place
historical markers or to provide other information to the public.
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.
DI.B Page 22 of 43
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Ordinance No. 6480
September 4, 2013
Page 8 of 8
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 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
______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.B Page 23 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4990
Date:
September 5, 2013
Department:
Information Services
Attachments:
Resolution No. 4990
Interlocal Agreement DRAFT
Budget Impact:
$0
Administrative Recommendation:
Innovation & Technology recommends committee and council approval of resolution
4990 to provide I & T services to City of Black Diamond Police with an option to support
entire City based on further negotiation and Council/ Committee approval.
Background Summary:
City of Black Diamond Police department is seeking Auburn I & T technical services to
help support their systems. Initial agreement is designed to assist BDPD with immediate
needs they have identified as "priority" which includes Spillman Law Enforcement
services and administration, in vehicle and department computer support. ILA is based
on estimated up-front costs to stabilize their system, with continued ongoing monthly
support remotely similar to I & T support model provided to other municipalities.
As with other IT services agreements, we feel this is an economy of scale solution
allowing a majority of support to occur remotely, with onsite support charged at an
appropriate level to include administrative fees, mileage, yearly CPI increases and
appropriate hourly wages.
Black Diamond police department has had numerous technical issues related to
systems, support and services. The police department consists of approximately 3
standalone computers and 8 laptop mobile computers utilizing the same systems
Auburn PD and Valley Communications uses currently. The police department has
specifically requested Auburn I & T, although the City of Black Diamond does have 1
support person. Due to economies, we've presented the Inter-local to include the
addition of City wide or additional Auburn IT services at a later date if desired and
appropriately negotiated.
Reviewed by Council Committees:
Municipal Services
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 24 of 43
Councilmember:Partridge Staff:Tiedeman
Meeting Date:September 9, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 25 of 43
--------------------------------------
Resolution No. 4990
September 5, 2013
Page 1 of 2
RESOLUTION NO. 4 9 9 0
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 BLACK DIAMOND FOR
INFORMATION TECHNOLOGY SERVICES
WHEREAS, RCW 39.34 authorizes public agencies to enter into
interlocal agreements; and
WHEREAS, the City of Black Diamond 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 Black Diamond 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.
DI.C Page 26 of 43
--------------------------------------
Resolution No. 4990
September 5, 2013
Page 2 of 2
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
DI.C Page 27 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 1 of 14
CITY OF AUBURN – CITY OF Black Diamond
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 Black Diamond, a municipal corporation of the State of Washington (hereinafter
referred to as “Black Diamond”),
W I T N E S S E T H :
WHEREAS, Black Diamond 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 Black Diamond, in a good and professional manner the
tasks specific to support the Black Diamond Police Department (“BDPD”) 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 Black Diamond. 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 Black Diamond 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
DI.C Page 28 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 2 of 14
the same force and effect as if the terms of such Amendment were a part of this
Agreement as 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 Black Diamond 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 Black Diamond 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. Black Diamond’S RESPONSIBILITIES
Black Diamond 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 Black Diamond’s representative
with respect to the services described in Exhibit A. Black Diamond’s designee
shall have complete authority to transmit instructions, receive information,
interpret and define Black Diamond’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.including
passwords, facility access and data systems to which Black Diamond is
requesting support. Auburn shall use “remote access” technology to support
Black Diamond systems where possible to limit onsite costs. Such examples
include Firewall, router, computer, Domain controller, active directory, Spillman
DI.C Page 29 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 3 of 14
and secured/ encrpyted access to systems designated by Black Diamond to be
supported by Auburn.
f. BDPD must complete, and authorize necessary state documents related
to “Agency Authorization” designating City of Auburn as IT Technical contact and
complete a “Management Control Agreement” filed with WSPthat will allow
Auburn IT staff to work with CJIS and ACCESS information including SSID,
Mneumonics and ORI informaiton to support the system.
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 Black Diamond.
6. COMPENSATION
Compensation for Auburn’s performance of the services provided for herein are
attached as Exhibit B . Annual sum shall be increased January 1, 2014 with
advance notice given to Black Diamond, and each January 1 thereafter, by an
amount equal to 2% or the most recent Seattle-Tacoma-Bremerton Consumer
Price Index - U whichever is greater for the term of this Agreement.
Auburn shall submit to Black Diamond a monthly invoice and Black Diamond
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 initial term of this agreement shall be twelve (12)
months and may be extended thereafter by written agreement of the Parties 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.
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 Black Diamond, and
may be used by Black Diamond for any purpose beneficial to Black Diamond.
DI.C Page 30 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 4 of 14
Public records requests shall be the responsibility of Black Diamond, however
Auburn may assist at Black Diamond 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 Black Diamond for a period of up to
three (3) years from the final payment for work performed under this Agreement.
10. CONTINUATION OF PERFORMANCE
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 Black Diamond 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 &
Technology Director or designee on behalf of Auburn, and by Mark E. Hoppen,
City Administrator or designee on behalf of Black Diamond. 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 BLACK DIAMOND
City Administration
Mark E. Hoppen
24301 Roberts Drive
Black Diamond, WA 98010
(360) 886-5700
mhoppen@ci.blackdiamond.wa.us
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
DI.C Page 31 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 5 of 14
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
Black Diamond shall maintain in full force throughout the duration of this
Agreement comprehensive general liability insurance with a minimum coverage
of $1,000,000.00 per occurrence/aggregate for personal injury and property
damage. This requirement shall be deemed satisfied by evidence of Black
Diamond's membership in a municipal self-insurance pool, including evidence of
limits of coverages, exclusions and limits of liability satisfactory to Auburn.
Auburn shall maintain in full force throughout the duration of this Agreement
comprehensive general liability insurance with a minimum coverage of
$1,000,000.00 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 Black Diamond.
14. INDEMNIFICATION
a. Black Diamond 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
Black Diamond’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
Black Diamond; and provided further, that nothing herein shall require Black
Diamond 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 Black Diamond 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 Black Diamond
DI.C Page 32 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 6 of 14
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 Black Diamond, 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 Black Diamond, its agents, employees and/or
officers from any claims arising from the sole negligence of Black Diamond, its
agents, employees, and/or officers. No liability shall attach to Black Diamond by
reason of entering into this Agreement except as expressly provided herein.
15. WAIVER OF SUBROGATION
Black Diamond 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 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 Black Diamond 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
DI.C Page 33 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 7 of 14
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.
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. Semi-annual operational review and service meetings shall be held
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.
DI.C Page 34 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 8 of 14
i. Copies of this Agreement shall be listed by the parties on their websites as
provided for in RCW 39.34.040.
DI.C Page 35 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 9 of 14
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 Black Diamond
___________________________________
Rebecca Olness
Black Diamond Mayor
Attest:
___________________________________
Danielle Daskam,
Auburn City Clerk
Attest:
___________________________________
Brenda L. Martinez,
Black Diamond City Clerk
Approved as to form:
___________________________________
Daniel B. Heid
Auburn City Attorney
Approved as to form:
___________________________________
Print Name:________________________
Title: ______________________________
DI.C Page 36 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 10 of 14
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ON THIS ________ day of ____________________________, 2011, before me personally
appeared _________________________________ and _________________________________
to me known to be the ____________________________ and ____________________________
of _____________________________________, a municipal corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
_____________________________________
NOTARY PUBLIC in and for the State
of Washington, residing at ____________
My Commission Expires:______________
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ON THIS ________ day of ____________________________, 2011, before me personally
appeared _________________________________ and _________________________________
to me known to be the ____________________________ and ____________________________
of _____________________________________, a municipal corporation, the corporation that
executed the within and foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute said instrument, and
the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
_____________________________________
NOTARY PUBLIC in and for the State
of Washington, residing at ____________
My Commission Expires:______________
DI.C Page 37 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 11 of 14
EXHIBIT A
SCOPE OF SERVICES
Services Provided:
· General network and desktop support
· Application and software end user support
· Operating system patch 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 Black Diamond Police
Department 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 of Mayor, City Administrator or Police Chief, 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 Black Diamond.
· City of Auburn will document, and present information relevant to technical audits
however compliance will be the responsibility of Black Diamond, including CJIS
and ACCESS Audits.
· City of Auburn will assist and provide recommendations on hardware and
software purchases. All hardware and software purchases are the responsibility
of City of Black Diamond.
· Unless otherwise specified via addendum or SOW “additional services”
identified below will be the responsibility of Black Diamond.
DI.C Page 38 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 12 of 14
Additional Services:
Current IT support is based on needs and requests of Black Diamond Police. City of
Auburn may provide City-wide support based on same hourly rate, however all non-
police department support will be in addition to the basic services and support payment.
Black Diamond representatives may negotiate to add interim city-wide support services
or additional services to this ILA through an addendum process in the event additional
ongoing services are needed while both parties seek appropriate Mayor and Council
approval.
Additional services include but are not limited to:
GIS Services
Spillman hosting and support
Licensing Support : Netmotion and Virus Protection
Web Application and Design Services
Publishing and Design Services
Multimedia/ Film Services
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. Monthly charges for service are based on an estimated 100
helpdesk requests annually. In the event annual helpdesk requests exceed 100 tickets,
City of Black Diamond agrees to negotiate these additional services which may include
mutually agreed adjustments to monthly service charges.
DI.C Page 39 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 13 of 14
EXHIBIT B
COST OF SERVICES
Support Function Operating Hours Billing rate Monthly cost
Project Specific one-time start-up Fees:
Evaluation of current needs identifies
upfront hours of support to stabilize
Police services, software and systems.
We estimate approximately 20-30 hours
of onsite work to accomplish specific
requests in a timely fashion. Estimate
includes: Firewall and VPN configuration,
Vehicle MDC reimaging, profile updates,
State Link activation, and network
administration
Staff will coordinate
with Black Diamond
on appropriate times
to accomplish work
onsite. Billing will be
based on time spent,
and billed for actual
hours as they occur.
$1500.00 -
$2250.00 plus
mileage. First
month will be
prorated based on
completion of 20-
30 hours.
n/a
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 and minimal Black
Diamond Auburn office visits where
deemed possible allowing equipment
drop off and minimal hands on
configuration support.
M - F, 7 a.m. - 5 p.m.
excluding holidays
$400.00 / month
effective October
1, 2013 and
monthly thereafter
$400.00
Network and desktop repair and
maintenance that require onsite support.
M - F, 7 a.m. - 5 p.m.
excluding holidays
$75.00 / hour plus
mileage based on
IRS standard
mileage rate
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 City of
Black Diamond Mayor, Police Chief or
City Administrator.
Non business hours,
afterhours,
emergency response
$110.00 / hour
with one hour
minimum plus
mileage based on
IRS standard
mileage rate
Per incident as
required
Netmotion Client Software n/a n/a Per event
DI.C Page 40 of 43
INTERLOCAL AGREEMENT
April 17, 2013
Page 14 of 14
Virus Protection Software n/a n/a Yearly
DI.C Page 41 of 43
AGENDA BILL APPROVAL FORM
Agenda Subject:
Project Matrix
Date:
August 28, 2013
Department:
Police
Attachments:
Project Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:September 9, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 42 of 43
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE
EST.
COMPL.
DATE
STATUS
10P Red Light Photo Enforcement Bob Lee 10/28/2013
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept)
2nd meeting of the month. The amended contract
expires 5/31/14. City will initiate RFP process.
20P Animal Control and Rescue Bob Lee 10/14/2013 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.
21P AVHS Board Review Shelley Coleman 9/23/2013 On-Going Report will be provided monthly after the 3rd Thursday.
24P Fireworks Update Bob Lee 6/9/2014 On-Going The Council Operations Committee/MIT met on 5/28/13.
Further MIT Fireworks improvements were announced.
27P Animal Control Licensing Program Shelley Coleman 9/23/2013 On-Going Monthly staff report to be provided at 2nd meeting of the
month.
28 P Solid Waste Rate Review Shelley Coleman 12/9/2013
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 10/28/2013 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 10/28/2013 Quarterly update to review Marketing Plan. 2nd meeting
of the month.
NO.ITEM OF INTEREST
3 I Shopping Cart Update Randy Bailey 1/13/2014 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.
6I SCORE Jail Stats Shelley Coleman 10/28/2013
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-
Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd
meeting of the month. Review 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 for discussions.
8I Street Sweeping Schedule Randy Bailey 11/12/2013 Review street sweeping schedule.
Last Revision Date: 8/27/13 E:\AGENDA\MunicipalServicesPaperlessPacket\2013\17-September 9\Resources\Matrix 08-26-13.xls
DI.D Page 43 of 43