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HomeMy WebLinkAbout09-23-2013 09-23-13 Agenda Packet FINAL Municipal Services Committee September 23, 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. September 9, 2013 Minutes* III.ACTION A. Century West Task Order* (Coleman) Engineering design services for proposed improvements at Auburn Municipal Airport. B. Resolution No. 4991* (Coleman) 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 Mead & Hunt, Inc., for a Wildlife and Habitat Assessment at the Auburn Municipal Airport. IV.DISCUSSION ITEMS A. AVHS Board Review (Coleman) Monthly report on AVHS Board meeting. B. Animal Control Licensing Program* (Coleman) Monthly report on animal licensing sales and revenue. C. 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. D. Resolution No. 4993* (Heineman) A Resolution of the City Council of the City of Auburn, Washington, approving the Interlocal Agreement between the City of Auburn and Association of Washington Cities Employee Benefit Trust for Health Care. E. Project Matrix* V.ADJOURNMENT Page 1 of 62 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 2 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: September 9, 2013 Minutes Date: September 11, 2013 Department: Police Attachments: September 9, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:September 23, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 62 Municipal Services Committee September 9, 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, City Attorney Dan Heid, Innovation & Technology Director Ron Tiedeman, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Economic Development Planner Bill Thomas and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. August 26, 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. 6473 (Coleman) Finance Director Shelley Coleman briefed the Committee on the fourth Budget Amendment for the 2013-2014 biennium. The proposed amendments include the following three items: (1) Airport Runway and Apron Rehabilitation; (2) Auburn Community Center and Activity Center; and (3) Lea Hill Park. The City is in receipt of a Federal grant covering expenses for the rehabilitation/repair of the taxiway, ramp areas and the runway at the Airport. It is anticipated Page 1 of 3 CA.A Page 4 of 62 that approximately $100,000.00, with a 5% match from WSDOT (Washington State Department of Transportation) and $5,000.00 from the City of Auburn would be budgeted for design services. Regarding the Auburn Community and Activity Center, the City has received two invoices from the design architects, BLRB, that were for services from three years prior (2010). Since the invoices were not brought forward until recently this budget amendment would increase the projected Community and Activity Center budget in order to pay the invoices. The Lea Hill Park project is substantially complete with the exception of two items: the installation of a restroom and roadway resurfacing for Lea Hill Park. It is estimated that it will require $155,000.00 in additional funding to complete the park project. Committee discussion followed. B. Ordinance No. 6480 (Faber) Parks, Arts and Recreation Director Daryl Faber and City Attorney Dan Heid provided information to the Committee on the draft Ordinance No. 6480 which creates a new Chapter 2.97 of the Auburn City Code. The proposed ordinance will set in place general guidelines for City Council and Mayor decisions on monuments, memorials and structures to be located in/on City Parks or on City property. Mayor Lewis commented that because there is no policy currently in place, prior to this Ordinance any/every request for a monument, statue, park bench, or some type of memorial would need only to go through Parks. Committee discussion followed and several changes were identified to include: (1) addition of 'Government Speech' definition to 2.97.020; (2) deletion of the term 'outdoor/outdoors' as it relates to the location of a monument; (3) deletion of 2.97.070, Section B, item number 8; (4) changes throughout the draft Ordinance to reflect that City Council is the decision-making authority of this Ordinance and has final approval and (5) an application for this process will be designed. Additionally, City Attorney Heid will provide an executive summary to Committee members on 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. In addition, with the creation of Ordinance No. 6480, the previously drafted Resolution No. 4984 will no longer be needed. Note for these minutes: Agenda Item C. was discussed after Agenda Item A. C. Resolution No. 4990 (Tiedeman) Innovation and Technology Director Ron Tiedeman informed the Committee on Resolution No. 4990. The City of Black Diamond Police Department (BDPD) has had numerous technical issues related to their systems, support and services. Since they utilize the Page 2 of 3 CA.A Page 5 of 62 same systems as the Auburn Police Department and Valley Communications, BDPD is requesting I&T technical services from the City of Auburn to help support their systems and immediate needs. The Interlocal Agreement (ILA) is based on estimated costs to stabilize their system and provide ongoing monthly support remotely, similar to other ILAs that I&T is currently engaged in with other local municipalities. Contracting with the BDPD does not create a need for additional City of Auburn staff as current resources and existing staff are sufficient to provide the requested support. The ILA also provides an option to support the entire City of Black Diamond based on further negotiation and Council/Committee approval. This I&T ILA Support Services is similar to the one the City has recently contracted with the City of Algona for like services. Committee discussion followed. D. Project Matrix The following update was identified for the Project Matrix. Item 7I: Review date changed to 11/25/13. IV. ADJOURNMENT The meeting was adjourned at 4:44 p.m. The next regular meeting is scheduled for Monday, September 23, 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 6 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: Century West Task Order Date: September 17, 2013 Department: Finance Attachments: Task Assignment Budget Status Sheet Budget Impact: $0 Administrative Recommendation: Recommendation to move Task Assignment #435-2013-001 on to City Council for approval. Background Summary: On September 16, 2013 the City Council authorized Ordinance No. 6473, which allocated funding for engineering design services for proposed improvements at Auburn Municipal Airport to include crack seal and slurry seal of the airfield. At this time, City staff is seeking City Council approval of Task Assignment #435-2013- 001 in the amount of $110,000 which engages Century West Engineering, as the City’s ‘on-call’ airport planning and engineering firm, to proceed with this design phase of the project. Project funding is through a Federal Aviation Administration (FAA) grant of $100,000.00 with a 5% City and 5% State match ($5,000.00 each). Reviewed by Council Committees: Municipal Services, Public Works Councilmember:Peloza Staff:Coleman Meeting Date:September 23, 2013 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 7 of 62 EXHIBIT A TASK ASSIGNMENT AGREEMENT #: TASK #: 435-2013-001 CONSULTANT: Century West Engineering PROJECT #/Name: Asphalt Rehabilitation and Seal Coat The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Auburn Municipal Airport Maximum Amount Payable per this Task Assignment: $ 110,000.00 Completion Date: October 31, 2014 Scope of Work: The scope of this project is to provide engineering design services for proposed improvements at Auburn Municipal Airport to include crack seal and slurry seal of airfield. Approvals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: City Mayor, if Task Assignment is over $5,000: Signature: Date: ACT.A Page 8 of 62 1 of 1 Project No: CPxxxx Project Title: Project Manager: Jamelle Garcia Initiation/Consultant Agreement Initiation Date: _________ Permission to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20132014 Future Years Total FAA Grant -$ 100,000.00$ 237,500.00$ -$ 337,500.00$ 435 Fund - Airport - 5% contribution - 5,000.00 13,750.00 - 18,750.00 WSDOT - State - 5% grant **- 5,000.00 13,750.00 - 18,750.00 Total- 110,000.00 265,000.00 - 375,000.00$ Activity PriorYears 2013 2014 FutureYears Total BUDGET STATUS SHEET Asphalt Rehabilitation and Seal Coat Date: August 30, 2013 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Activity Prior Years 2013 2014 Future Years Total Design Engineering - City Costs -$ -$ -$ -$ -$ Design Engineering - Consultant Costs - 110,000.00 - - 110,000.00 Construction Estimate - - 265,000.00 - 265,000.00 Project Contingency (15%)- - - - - Construction Engineering - City Costs - - - - - Construction Engineering - Consultant Costs - - - - - Total- 110,000.00 265,000.00 - 375,000.00$ Prior Years 20132014 Future Years Total *435 Funds Budgeted ( )-$ (110,000.00)$ (265,000.00)$ -$ (375,000.00)$ 435 Funds Needed-$ 110,000.00$ 265,000.00$ -$ 375,000.00$ 435 Fund Project Contingency ( )- - - - - 435 Funds Required - - - - - * ( # ) in the Budget Status Sections indicates Money the City has available. ** WSDOT - State 5% grant. If the State grant is not received in 2013, the Airport Fund contribution will increase from 5% to 10%. 435 Airport Budget Status ACT.A Page 9 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4991 Date: September 19, 2013 Department: Finance Attachments: Resolution No. 4991 Exhibit A - contract Budget Impact: $0 Administrative Recommendation: City Council approve Resolution No. 4991 Background Summary: The City needs to conduct a Wildlife Habitat Assessment at the Auburn Municipal Airport and would like to enter into a contract with Mead & Hunt, Inc. Contract is attached for review and discussion. Reviewed by Council Committees: Municipal Services, Public Works Other: Legal Councilmember:Peloza Staff:Coleman Meeting Date:September 23, 2013 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINEDACT.B Page 10 of 62 ---------------------------- Resolution No. 4991 September 18, 2013 Page 1 of 2 RESOLUTION NO. 4991 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 MEAD & HUNT, INC., FOR A WILDLIFE AND HABITAT ASSESSMENT AT THE AUBURN MUNICIPAL AIRPORT WHEREAS, The City needs to conduct a Wildlife Habitat Assessment at the Auburn Municipal Airport; and WHEREAS, as provided for in Chapter 39.80 of the Revised Code of Washington, the City conducted a quality based selection, advertising, and negotiation process, and recommends that the City enter into a contract with Mead & Hunt, Inc.; and WHEREAS, it is in the public interest for the parties to enter into an agreement for these services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk are hereby authorized to execute an Agreement between the City and Mead & Hunt, Inc., in the amount of Sixty Four Thousand, Five Hundred Dollars and no cents ($64,500.00), (sales tax not applicable), to conduct a Wildlife Habitat Assessment at the Auburn Municipal Airport, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ACT.B Page 11 of 62 ---------------------------- Resolution No. 4991 September 18, 2013 Page 2 of 2 Section 3. That this Resolution shall take effect and be in full force 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.B Page 12 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 1 of 18 AGREEMENT FOR PROFESSIONAL SERVICES Wildlife Hazard Assessment THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and Mead & Hunt, Inc. whose address is 6501 Watts Road, Madison, Wisconsin 53719, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 2015. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The total compensation for this Agreement shall not exceed sixty-four thousand five hundred dollars ($64,500.00), sales tax not applicable. ACT.B Page 13 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 2 of 18 CONSULTANT shall invoice the City monthly based on work performed, with the final payment to be made upon completion and CITY acceptance of the final report. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated and paid for by the CONSULTANT and not the CITY. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required within one year of final completion. The CONSULTANT shall perform its services to conform to generally- accepted professional standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any ACT.B Page 14 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 3 of 18 rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the CONSULTANT 's liability, including the duty and cost to defend, hereunder shall be only to the extent of the CONSULTANT 's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT 's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. ACT.B Page 15 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 4 of 18 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT’S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000.00 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate. The CITY shall be named as an insured under the CONSULTANT’S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. ACT.B Page 16 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 5 of 18 c. Worker’s Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker’s Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT’S profession, with limits no less than $1,000,000.00 per claim and $1,000,000.00 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. The CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT’S insurance and shall not contribute with it. b. The CONSULTANT’S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this ACT.B Page 17 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 6 of 18 section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. ACT.B Page 18 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 7 of 18 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph “(b)” of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ACT.B Page 19 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 8 of 18 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. ACT.B Page 20 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 9 of 18 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Laura Morland on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Mead & Hunt, Inc Attn: Bill Thomas Attn: Rick Jones 25 W Main Street 1743 Wazee Street, Suite 400 Auburn WA 98001 Denver, CO 80202 Phone: 253-288-3142 Phone: 303-825-8844 Fax: 253-288-3132 Fax: 303-825-8855 E-mail: bthomas@auburnwa.gov E-mail: rick.jones@meadhunt.com ACT.B Page 21 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 10 of 18 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. 14. CONSULTANT will bill the CITY monthly, according to the payment method set forth in the Contract, with net payment due in thirty (30) days. The quoted fee will control until it is amended. Past due balances shall be subject to an interest charge at a rate of 1-1/2% per month. In addition, CONSULTANT may, after giving seven (7) days' written notice, suspend service under any agreement until the CITY has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 15. The term “Confidential Information” means information marked or designated by CONSULTANT or CITY as confidential. Confidential Information includes, but is not limited to, ideas, specifications, techniques, models, data, programs, documentation, processes, know-how, and financial and technical information. CITY and CONSULTANT ACT.B Page 22 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 11 of 18 shall not, during the term of this agreement or after the termination of this agreement for a period of two (2) years disclose any Confidential Information to any person or entity, or use any Confidential Information to any person or entity, or use any Confidential Information for the benefit of CITY or CONSULTANT as the case may be, or any other person or entity, except with the prior written consent of CONSULTANT or CITY, as the case may be, or as required by law. CONSULTANT acknowledges that the CITY is subject to Washington’s Public Records Act (Chapter 42.56 RCW.) If the CITY receives a request for records that contain Confidential Information, it will notify the CONSULTANT of the request and will give CONSULTANT ten working days to obtain an injunction preventing the release. CITY will cooperate with CONSULTANT in protecting Confidential Information, but will not initiate litigation. If release of records containing Confidential Information is ordered by a court of competent jurisdiction, CONSULTANT shall be responsible for all fines and penalties assessed against the City. 16. The CITY agrees to clarify and define project requirements and to provide such legal, accounting and insurance counseling services as may be required for the project. 17. CONSULTANT intends to serve as the CITY’s professional representative for those services as defined in this agreement and to provide advice and consultation to the CITY as a professional. Any opinions of probable project costs, reviews and observations, and other decisions made by CONSULTANT for the CITY are rendered on the basis of experience and qualifications and represent the professional judgment of the CONSULTANT. However, the CONSULTANT cannot and does not guarantee that proposals, bids or actual project or construction costs will not vary from the opinion of probable cost prepared by it. ACT.B Page 23 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 12 of 18 18. This agreement shall not be construed as imposing upon or providing to CONSULTANT the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. CITY OF AUBURN Peter B. Lewis, Mayor Date ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Mead & Hunt, Inc. BY: Title: Federal Tax ID # ACT.B Page 24 of 62 Consultant Invoices Agreement No. AG-C-xxx Page 13 of 26 . EXHIBIT A Scope of Work AGREEMENT #: TASK #: CONSULTANT: Mead & Hunt, Inc. PROJECT Name: Wildlife Hazard Assessment The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Auburn Municipal Airport Maximum Amount Payable per this Task Assignment: $64,500.00, sales tax not applicable Completion Date: Completion of draft Wildlife Hazard Assessment within 14 months of Notice to Proceed. Scope of Work: Mead & Hunt to conduct a Wildlife Hazard Assessment (WHA) at Auburn Municipal Airport (S50) in accordance with Federal Aviation Regulation (FAR) Part 139.337 (e) and (f). FAR Part 139.337(a) defines a Wildlife Hazard Assessment as an ecological study conducted by a qualified wildlife hazard damage management biologist in accordance with FAA Advisory Circular 150/5200-36A. All technical activities associated with the proposed WHA would be overseen by a Mead & Hunt FAA-qualified wildlife hazard damage biologist. The purpose of a WHA is to provide sufficient data to complete a Wildlife Hazard Management Plan (if determined, to be required by the FAA after completion of the WHA). Title 14 CFR 139.337 (c) (1–5) provides specific guidance regarding the development of a WHA “to ensure that its contents are sufficient in the event that the FAA requires a new or revised WHMP.” Following the completion of the 12-month monitoring cycle, Mead & Hunt staff will prepare a wildlife hazard assessment (WHA) report in accordance with 14 CFR 139.337. The WHA reports on the avian and mammalian species identified during site monitoring activities and identifies the frequency, seasonal and behavioral activities, and locations of wildlife activity and attractants in relation to the airport. The completed WHA report will include the necessary elements of a WHA as outlined in Title 14 CFR 139.337 and prioritized recommendations for mitigating the hazardous wildlife attractants identified. Based on the results of the WHA, the FAA determines whether a Wildlife Hazard Management Plan (WHMP) is required. If the FAA determines a WHMP is necessary, the results of the WHA serve as the scientific basis for developing and implementing the WHMP. The WHMP designates specific duties and responsibilities for implementing the management measures ACT.B Page 25 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 14 of 18 recommended in the WHA. These regulations are set forth in 14 CFR 193.337 (f) regarding the preparation of a WHMP. Completion of the WHMP is not included in this scope. Scope of Services Mead & Hunt’s project approach will use the previously developed data to the greatest extent practicable. We will refer to recently prepared environmental studies associated with ongoing airport improvements to inform our study design, and we work closely with airport staff to build upon the existing data. Upon authorization from the City of Auburn, Mead & Hunt will perform the following tasks: Task 1: Project Initiation and Kick-off 1A. Project Kick-off Meeting To initiate the project, Mead & Hunt team members will facilitate a kick-off meeting with airport representatives. We will discuss the airport’s current wildlife hazard management activities, project schedule, reporting and communication protocol, site access and security requirements, site-specific issues associated with the WHA and any other pertinent issues. Before the meeting, the Mead & Hunt team will review existing wildlife hazard data for the airport. The team will also review previously developed habitat or wildlife studies developed locally for airport projects or other projects within an approximately five-mile radius of aircraft movement areas. Following the kick-off meeting, the Mead & Hunt team will perform an airport reconnaissance visit with airport staff to identify: • On-site and off-site monitoring locations to include in the study design • Any maintenance activities or short-term actions that the airport staff can implement to reduce hazards prior to completion of the WHA study. 1B. Obtain Security Clearance and Necessary Training Based on conversations with airport staff, Mead & Hunt understands that project team members will obtain appropriate security clearances and driver training to enable them to conduct project activities within the Aircraft Operations Area (AOA) without an escort. Team members have extensive experience working in an aviation environment. Prior to the first monitoring event, project biologists will obtain driver training and undergo security screening sufficient to gain access within the AOA. 1C. Prepare Study Design Based on the data review and site visit, the Mead & Hunt team will prepare a project-specific study design to meet statutory requirements. The FAA and USDA-APHIS-WS recommend the following standardized survey procedures to provide an objective assessment of hazardous wildlife in the airport environment that can be repeated in future years for comparative purposes: • The establishment of standardized survey points throughout the AOA. Additional survey points may be established in nearby off-airport areas suspected of attracting birds or other potentially hazardous species that could move across the AOA. ACT.B Page 26 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 15 of 18 • Standardized surveys and bird counts (at least twice-monthly) • Specialized surveys, as needed, to document the presence of mammals. Two small mammal surveys and two large mammal surveys (i.e., spotlight surveys) will be conducted during the 12-month WHA. The study design prepared by Mead & Hunt will include, at minimum, the following data: • Definition of study area, including items identified in FAA AC 150/5200-33B and 14 CFR 139.337, such as the general area; AOA; critical zone; and approach, departure and circling airspace • Frequency and schedule for biological monitoring to address daily cycles, seasonal variations, etc. • A map or aerial photography and grid to identify monitoring locations (usually 10 to 15 locations) • Project-specific recording and reporting protocols and forms The Mead & Hunt team will provide City staff with a draft study design document for review and comment within 10 days of the project kick-off meeting, and we will incorporate one round of comments. A final study document will be provided within one week of the receipt of comments from City staff. Task 1: Deliverables: • Preparation for, attendance and documentation of project kick-off meeting and initial site visit • Participation in security clearance and training activities • Draft and final study design documents Task 2: Perform and Document Biological Studies As described in FAA Part 139.337 (c)(2), a WHA must include the “identification of the wildlife species observed and their numbers, locations, local movements, and daily and seasonal occurrences.” In most cases, a 12-month assessment is required to identify seasonal patterns of activity for birds and other wildlife inhabiting the airport and surrounding environs. We will perform twice-monthly monitoring events, plus four mammal monitoring surveys, for a total of 28 monitoring events, throughout the course of the biological study. The bimonthly surveys will be performed by our locally based team members from Raedeke Associates, who are knowledgeable of local conditions. Raedeke Associates is based in Seattle, approximately 40 minutes from S50. Survey protocols and data will be overseen by a Mead & Hunt qualified biologist, who will participate in select monitoring events. Initial Monitoring Event ACT.B Page 27 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 16 of 18 The initial monitoring event will be conducted with Mead & Hunt’s qualified wildlife biologist and Raedeke Associates. A brief survey memo will be provided to summarize the results of the initial site review or to identify necessary changes to the proposed study design or protocols. Twice-monthly Surveys Wildlife biologists from Raedeke Associates will perform twice-monthly surveys to record the presence, extent and movement of wildlife on and near the airport. These twice-monthly surveys will also include ongoing conversations with airport staff. Each wildlife sighting will be documented on standardized forms and maps. To adequately identify the required information during a WHA, the Mead & Hunt team will use standardized survey procedures that provide an objective assessment of hazardous wildlife. Each individual or flock will be indicated on the project grid to identify the spatial distributions of wildlife on or near the airport. Collected information can include time of observation, survey station, species, activity, habitat type and location. Observations of nonavian species will be recorded to identify prey base, migration patterns or other changes in behavior that could be hazardous to aircraft. To analyze the data, birds will be categorized into groups called guilds. Species will be placed into guilds based on behavioral characteristics. This approach is used because behavioral attributes predispose some wildlife species to conflicts with aircraft. Wildlife management strategies are often selected based on their ability to exploit an animal’s specific behavior(s); therefore, species that exhibit similar behaviors generally require similar management methods. Analyses will include calculating the quantity of birds recorded at each observation point during surveys, seasonal and daily patterns, habitat use, species activity, guild abundance and frequency of occurrence recorded during twice-monthly surveys. Small Mammal Surveys Although Mead & Hunt will record data pertaining to small mammals during the twice-monthly monitoring events, we will also perform two small mammal surveys. These dedicated surveys typically consist of 50 monitoring stations (trap lines) spaced at approximately 10- to 20-meter intervals with a small mammal trap set at each station. These transects will be established in the various types of habitat present at the airport. Our team will perform two small mammal surveys, with each survey including a three-day data collection effort. The data collected will identify the number of mammals captured, trap station, species, activity, habitat use, grid location and type of trap. The team’s qualified wildlife hazard damage biologist will direct activities associated with the small mammal surveys. Large Mammal Surveys Two large mammal surveys will be performed. Spotlight surveys will be performed at night along a predetermined route, which usually includes areas near the runways and more remote areas of the airport property. Observations typically begin at least 30 minutes after sunset and conclude several hours later. The data collected will include species, activity, habitat use and grid location. ACT.B Page 28 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 17 of 18 Deliverables: • Documentation of twice-monthly monitoring events and recommendations for airport staff responsible for wildlife hazard management Task 3: Prepare Wildlife Hazard Assessment Report FAR Part 139 specifies the topics that must be addressed in a WHA report. Although wildlife hazard management practices vary according to airport based on local environmental conditions, several types of best management practices (BMPs) can be incorporated at most airports to reduce the potential for wildlife strikes based on the results of biological observations. The Mead & Hunt team will include applicable strategies we have observed or developed while working at other airports, as well as site-specific strategies based on field observations. Mead & Hunt will recommend and refine these general approaches/BMPs based on the results of observations. Proposed measures will be based on sound scientific principles and safe airport operation. We will consider unique airport circumstances and operational concerns when recommending wildlife hazard management techniques. Mead & Hunt will prepare a Preliminary Draft WHA for review by City staff. Following staff review, we will incorporate one round of comments and prepare a Draft WHA for submission to the FAA. The Mead & Hunt team will submit the draft WHA to FAA staff and respond to questions or comments. We will incorporate up to one round of FAA comments within two weeks of receipt and prepare a final WHA report. Deliverables: • Preliminary draft WHA report • Draft WHA report • Final WHA report Responsibilities of City of Auburn Our Scope of Services and Compensation are based on Auburn Municipal Airport performing or providing the following: • A designated representative with complete authority to transmit instructions and information, receive information, interpret policy, and define decisions. • Provide access to adjacent properties if necessary. • Access to the project site. • Available data, drawings, and information related to the project. • Review of draft-final plans and specifications within 2 weeks of receipt. • Protection of Mead & Hunt-supplied digital information or data, if any, from contamination, misuse, or changes. Project Schedule ACT.B Page 29 of 62 --------------------------------------------------------------- Agreement for Professional Services Wildlife Hazard Assessment September 18, 2013 Page 18 of 18 Mead & Hunt will provide City staff with a complete WHA report within one month of monitoring completion (month 13). We anticipate both the City and the FAA will review project reports within appropriate timeframes, and we will provide a revised draft within two weeks of comment receipt from each agency. ACT.B Page 30 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: Animal Control Licensing Program Date: September 16, 2013 Department: Finance Attachments: Report Budget Impact: $0 Administrative Recommendation: Background Summary: August 2013 animal licensing reports for review and discussion only. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:September 23, 2013 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 31 of 62 2013 Budget Goal: $ 96,000 or more 2014 Budget Goal: $240,000 or more Year-to-Date Revenue 2013 (through August) = $102,515 Year-to-Date Licenses 2013 (through August) = 3,434 Year-to-Date Licenses 2012 (through August) = 4,061 as reported by King County CITY OF AUBURN PET LICENSING AUGUST 2013 0 100 200 300 400 500 600 700 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s S o l d Month Pet License Sales By Month 2013 vs 2012 2013 Licenses Sold 2012 Licenses Sold $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Li c e n s e R e v e n u e Month Pet Licensing Revenue By Month 2013 2013 License Revenue DI.B Page 32 of 62 January 1, 2013 60,000.00 0.00 60,000.00 419614 April 1, 2013 60,000.00 0.00 60,000.00 420975 July 1, 2013 60,000.00 0.00 60,000.00 423331 October 1, 2013 60,000.00 0.00 60,000.00 January 1, 2014 60,000.00 0.00 60,000.00 April 1, 2014 60,000.00 0.00 60,000.00 July 1, 2014 60,000.00 0.00 60,000.00 October 1, 2014 60,000.00 0.00 60,000.00 January 1, 2015 60,000.00 (12,818.50)47,181.50 April 1, 2015 60,000.00 (12,818.50)47,181.50 July 1, 2015 60,000.00 (12,818.50)47,181.50 October 1, 2015 60,000.00 (12,818.50)47,181.50 January 1, 2016 60,000.00 (12,818.50)47,181.50 April 1, 2016 60,000.00 (12,818.50)47,181.50 July 1, 2016 60,000.00 (12,818.50)47,181.50 October 1, 2016 60,000.00 (12,818.50)47,181.50 TOTAL LOAN REPAYMENT 102,548.00 2013-2016 PAYMENT DUE DATE SCHEDULED PAYMENT TO AVHS LOAN REPAYMENT HELD BACK NET PAYMENT TO AVHS VOUCHER NUMBER CITY OF AUBURN PET LICENSING AUGUST 2013 City of Auburn Four-Year Payment Schedule To AVHS 0 2,000 4,000 6,000 8,000 10,000 12,000 $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s S o l d Li c e n s e R e v e n u e Month Cumulative Pet Licensing Revenue & Sales 2013 vs 2012 2013 License Revenue (L) 2013 License Revenue (Budget Goal: $96,000) 2013 Licenses Sold (R) 2012 Licenses Sold (R) DI.B Page 33 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6480 Date: September 18, 2013 Department: Police Attachments: Ordinance No. 6480 Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: The proposed ordinance seeks to establish a process for City Council decisions (except where exempted) of monuments, memorials and structures to be located in 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 expressions 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 (the 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 Other: Legal Councilmember:Backus Staff:Faber Meeting Date:September 23, 2013 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 34 of 62 ---------------------------- Ordinance No. 6480 September 11, 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.C Page 35 of 62 ---------------------------- Ordinance No. 6480 September 11, 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 intended message and purpose, and 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 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”). The City retains, in its sole discretion, the rights to control the message of monuments in its City Parks and on its public property. 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 on City-owned property deemed by the DI.C Page 36 of 62 ---------------------------- Ordinance No. 6480 September 11, 2013 Page 3 of 8 City to be appropriate to serve as the site for a Monument. In doing so, the City recognizes the following considerations: 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. A. The following definitions apply to this Chapter: 1. “Government Speech” means the speech of the City per the doctrine 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. Under this doctrine, when the City retains the power to control the message conveyed, the statements and expressive actions are Government Speech of the City even if it uses other persons or entities to communicate its messages. 2. “Monument” means a marker, statue, or other similar permanent structures and installations to express Government Speech, as described and referenced 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, and subject to the following: (a) Monuments may be in various forms including statues, fountains, buildings, or gardens among other forms of monuments as determined by the City. (b) Monuments do not include items dedicated in parks, such as benches, trees, small plaques (plaques not larger than five (5) square feet in size), 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. (c) Monuments do not include memorial signs as defined in the City’s Memorial Sign Program (Chapter 12.68 ACC). B. In the event that a question arises as to whether a proposal falls within the scope of this Chapter or these definitions, or if a question arises as to how the proposal falls within the scope hereof, the City Council shall have the sole discretion to decide such questions and to make determinations relating thereto. 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” 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: DI.C Page 37 of 62 ---------------------------- Ordinance No. 6480 September 11, 2013 Page 4 of 8 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 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 procedures for consideration 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 DI.C Page 38 of 62 ---------------------------- Ordinance No. 6480 September 11, 2013 Page 5 of 8 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 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, so that a report and recommendation may be prepared for the City Council in advance of its decision on the proposal. If the Mayor’s decision is to conduct further review of the proposal based upon considerations consistent with this Chapter, the proposal shall be referred to the appropriate department, so the report and recommendations to the Council can address the considerations and criteria of this Chapter. B. The Lead Department shall prepare a report for consideration by the City Council and such board or commission designated by the City Council, if any, and shall coordinate with the Mayor and with other affected departments. The Lead Department shall submit an advisory recommendation to the Mayor for the Mayor’s review regarding the Monument based upon the factors set forth in this Chapter and the Review Criteria set forth below. After the Mayor’s review, and amendments and modifications (if any) the Mayor shall then forward the recommendation to the City Council. C. The City Council shall have final approval of a City project to design and construct a Monument, or to accept a donated Monument. D. The Mayor shall, on at least a quarterly basis, submit a report to the City Council informing the City Council of any and all Monument donations and application proposals received by the City, and the Mayor’s recommendations regarding each proposal. E. 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.C Page 39 of 62 ---------------------------- Ordinance No. 6480 September 11, 2013 Page 6 of 8 F. 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. G. Notwithstanding the foregoing, the City Council 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. H. 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. 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 as a particularly appropriate site for a proposed Monument. 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 DI.C Page 40 of 62 ---------------------------- Ordinance No. 6480 September 11, 2013 Page 7 of 8 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 into 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. 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. 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 DI.C Page 41 of 62 ---------------------------- Ordinance No. 6480 September 11, 2013 Page 8 of 8 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.C Page 42 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4993 Date: September 10, 2013 Department: Human Resources Attachments: Resolution 4993 Interlocal Agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4993. Background Summary: The Association of Washington Cities Employee Benefit Trust is an entity to which contributions by cities and towns and non-city entities organized and existing under the Constitution of laws of the State of Washington and who are members of the Trust and their employees can be paid, and through which the Board of Trustees of the Trust provides one or more insured health and welfare benefit plans or programs to Participating Cities and Towns' and Non-City Entities' employees, their dependents and other beneficiaries, on whose behalf the contributions were paid. Reviewed by Council Committees: Finance, Municipal Services Other: Legal Councilmember:Partridge Staff:Heineman Meeting Date:September 23, 2013 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 43 of 62 ------------------------------ Resolution No. 4993 September 10, 2013 Page 1 of 4 RESOLUTION NO. 4993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST FOR HEALTH CARE WHEREAS, the Association of Washington Cities Employee Benefit Trust (the “Trust”) is an entity to which contributions by cities and towns and non-city entities organized and existing under the Constitution or laws of the State of Washington and who are members of the Trust (“Participating Cities and Towns,” and “Participating Non- City Entities”) and their employees can be paid and through which the Board of Trustees of the Trust (“Trustees”) provides one or more insured health and welfare benefit plans or programs to Participating Cities and Towns’ and Non-City Entities’ employees, their dependents and other beneficiaries (“Beneficiaries”), on whose behalf the contributions were paid; and WHEREAS, the Trust qualifies as a voluntary employee beneficiary association within the meaning of Section 501(c)(9) of the Internal Revenue Code, providing for the payment of life, sick, accident or other benefits to Beneficiaries; and WHEREAS, the Trust and Participating Cities and Towns and Non-City Entities have determined that it is in the best interest of Participating Cities and Towns and Non- City Entities to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trust, while at the same time having the Trust continue as the entity to which other insured health and welfare benefit DI.D Page 44 of 62 ------------------------------ Resolution No. 4993 September 10, 2013 Page 2 of 4 program contributions are paid and through which insured health and welfare benefit plans and programs are provided to Beneficiaries; and WHEREAS, it appears economically feasible and practical for the parties to do so; and WHEREAS, Chapter 48.62 of the Revised Code of Washington (RCW) provides that two or more local government entities may, by Interlocal Agreement under chapter 39.34 RCW, jointly self-insure health benefit plans and programs, and/or jointly hire risk management services for such plans or programs by any one or more of certain specified methods; and WHEREAS, the Association of Washington Cities Employee Benefit Trust Interlocal Agreement (the “Interlocal Agreement”) attached hereto creates a joint self- insured health and welfare benefit program (the “Health Care Program”) to be administered by the Trustees for the purposes of providing self-insured health benefits to Beneficiaries; and WHEREAS, Section 200-110-030 of the Washington Administrative Code (WAC) requires every local government entity participating in a joint self-insurance health and welfare benefit program to adopt such program by resolution; and WHEREAS, Chapter 48.62 RCW requires Health Care Program assets to be managed consistent with existing authority over use of municipal funds in RCW 35.39.030. The Trust will manage Health Care Program reserves in compliance with DI.D Page 45 of 62 ------------------------------ Resolution No. 4993 September 10, 2013 Page 3 of 4 Chapter 48.62 RCW; RCW 35.39.030, and the Health Care Program Investment Policy; and WHEREAS, all premium contributions for use in the Health Care Program are deposited into a designated account within the Trust, the Health Care Program Account (the “HCP Account”), and the HCP Account represents a pool of funds that is independent of all other Trust or AWC funds; and WHERE, the Trust intends to manage the HCP Account assets in compliance with federal and state laws and the Interlocal Agreement; and WHEREAS, the City of Auburn, Washington believes it is in the best interest of the Health Care Program to allow the Trust to manage the HCP Account. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Interlocal Agreement creating the Health Care Program, a copy of which is attached hereto, marked as Exhibit “A” and incorporated herein by this reference, is hereby approved and adopted, and the Mayor is authorized to execute the same on behalf of the City of Auburn. Section 2. By adopting such Agreement, the City of Auburn acknowledges that it shall be subject to assessments as required by the Health Care Program. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DI.D Page 46 of 62 ------------------------------ Resolution No. 4993 September 10, 2013 Page 4 of 4 Section 4. 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.D Page 47 of 62 ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFIT TRUST HEALTH CARE PROGRAM mTERLOCALAGREEMENT This Agreement is made and entered into in the State of Washington by and among the Association of Washington Cities Employee Benefit Trust (the "Trust") and cities and towns, and non-city entities organized and existing under the Constitution or laws of the State of Washington and who are members of the Trust ("Participating Cities and Towns," or "Participating Non-City Entities"), all of whom are signatories to this Agreement. RECITALS WHEREAS, the Trust is an entity to which contributions by Participating Cities and Towns and Non-City Entities (defined below) and Participating Employees (defined below) are paid and through which the Board of Trustees provides one or more insured health and welfare benefit plans or programs to Patticipating Employees, their covered dependents and other beneficiaries ("Beneficiaries"), on whose behalf the contributions were paid; and WHEREAS , the Trust qualifies as a voluntary employee beneficiary association within the meaning of Section 50l(c)(9) of the Internal Revenue Code ("VEBA"), providing for the payment of life, sick, accident or other benefits to Beneficiaries; and WHEREAS , the Trust and the Participating Cities and Towns have determined that it is in the best interest of Participating Cities and Towns to jointly self-insure certain health benefit plans and programs for Beneficiaries through a designated account within the Trus t, while at the same time hav ing the Trust continue as the entity to which health and welfare benefit plan or program contributions are paid and through which in sured health and welfare benefit plans and programs are provided to Beneficiaries; and WHEREAS, it appears economically feasible and practical for the parties to this Agreement (defined below) to do so; and WHEREAS, Chapter 48 .62 RCW provides that two or more local government entities may, by Interlocal agreement under Chapter 39.34 RCW, jointly self-insure health benefit plans and programs, and/or jointly hire risk management services for such plans or programs by any one or more of certain specified methods ; and WHEREAS , each local government entity that is a signatory hereto, as required by WAC 2 00-110-030, acts upon the authority of a resolution adoptjng this Agreement and the Health Care Pro gram (defined below) created herein; NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: 742343 47.6 0053138-00001 1 DI.D Page 48 of 62 ARTICLE 1 DEFINITIONS The following are definitions of terms used in the Agreement. Unless indicated otherwise, other terms are defined where they are first used. Defined terms are capitalized when used in the defined context. 1.1 Agreement means this lnterlocal Agreement entered into under the authority of Chapter 39.34 RCW and as required by RCW 48.62.031(2) between the Trust and Participating Employers. 1.2 Association of Washington Cities or A WC means the Association of Washington Cities, a not-for-profit membership association established pursuant to the laws of the state of Washington for the purpose of providing various services to and on behalf of its member cities. 1.3 Association of Washington Cities Employee Benefit Trust or the Trust means the trust and all property and money held by such entity, including all contract rights and records, established for the sole purpose of providing life, sick accident or other health and welfare benefits to Participating Employees, their covered dependents and other beneficiaries, and which is approved by the Internal Revenue Service as a VEBA. 1.4 Employee Benefits Advisory Committee or EBAC means the committee defined in Article V of the Trust Agreement that may be delegated responsibility by the Board of Trustees, including but not limited to: overseeing the operations of the Health Care Program, analyzing and developing annual premium levels and benefit coverage changes for recommendation to the Board of Trustees and performing other duties necessary to ensure that the needs of Participating Employers are met and the long-term financial health of the Health Care Program is maintained. 1.5 Health Care Program means the joint self-insurance program offering self-insured health benefit options through the HCP Account. 1.6 HCP Account means a designated account within the Trust and created by this Agreement, the Trust Agreement and Trust Health Care Program policies all under the authority of Chapter 48.62 RCW to provide self-insured health benefits to Participating Employees, their covered dependents and other beneficiaries and further described in Article 6. 1.7 Non-City Entity means any public agency, public corporation, intergovernmental agency or political subdivision, within the state of Washington that meets the requirements of Article IX, Section 1 ( c )(ii) and (iii) of the Trust Agreement for participation in the Health Care Program. 1.8 Participating City means any city or town within the state of Washington that meets the requirements of Article IX, Section l(a) or Section l(b) of the Trust Agreement. 74234347.6 0053138-0000 I 2 DI.D Page 49 of 62 1.9 Participating Employee means any individual employed by a Participating Employer and for whom the Participating Employer makes contributions to the Trust, and any individual who may have been so employed but is subsequently laid off, terminated , or retired. 1.10 Participating Employer means a Participating City or Non-City Entity that is also a party to this Agreement. 1.11 Resolution means the resolution adopted by each Participating City or Non-City Entity that authoriz es the Health Care Program. 1.12 State Risk Manager or Risk Manager means the risk manager of the Risk Management Division within the Department of Enterprise Services. 1.13 Stop Loss Insurance or Reinsurance means a promise by an insurance company that it will cover losses of the Health Care Program over and above an agreed-upon individual or aggregated amount, which definition shall be modified by any changes to the definition of stop loss insurance in WAC 200-110-020. 1.14 Third-Party Administrator means the independent association, agency, entity or enterprise which, through a contractual agreement, provides one or more of the following ongoing services to the Health Care Program: pool management or administration services, claims administration services, risk management services, or services for the design, implementation, or termination of an individual or joint self-insurance program. 1.15 Trust Agreement means the Trust Agreement Governing the Trus t amended and re stated July 1, 2013 , and any subsequent amendments thereto. 1.16 Trustees or Board of Trustees means the following individuals and their successors, who together, govern the Trust and the Health Care Program: 1.16.1 the A WC President and the A WC Vice President; 1.16.2 the EBAC Chair and the EBAC Vice Chair; and 1.16.3 an individual elected pursuant to the procedures in Article III, Section 5 of the Trust Agreement to serve as the trustee from one of the following regions: (a) North East Region (known as the "North East Region Trustee"); (b) North West Region (known as the "North West Region Trustee"); (c) South East Region (known as the "South East Region Trustee"); and (d) South West Region (known as the "South West Region Trustee"). Individuals from Non-City Entities are not eligible to serve as Trustees. 742 34347.6 005 3 138-00001 3 DI.D Page 50 of 62 ARTICLE2 PURPOSE This Agreement is entered into for the purpose of authorizing the Health Care Program created by the Trust to provide self-insured health benefits to Participating Employees, their covered dependents and other beneficiaries. The Health Care Program shall comply with the statutory provisions found in Chapters 48 .62 and 39.34 RCW and the regulatory requirements contained in WAC 200-110 applicable to joint self-insurance programs. ARTICLE3 PARTIES Each party to this Agreement certifies that it intends to participate in the Health Care Program. Participating Employers are signatories of this Agreement to become effective on a date to be mutually determined (the "Effective Date") and with such other Participating Cities and Non-City Entities as may later be added to and become signatories to this Agreement. ARTICLE4 DURATION OF AGREEMENT 4.1 This Agreement shall become effective on the Effective Date. 4.2 This Agreement shall have perpetual duration unless terminated as hereinafter provided. ARTICLES MEMBERSHIP COMPOSITION The Health Care Program shall be open to Participating Cities and Non-City Entities. Participation in the Health Care Program is voluntary and not a requirement of A WC membership. The Board of Trustees shall provide for the reasonable admission of new Participating Cities and Non-City Entities. ARTICLE6 HCPACCOUNT 6.1 All premium contributions by Participating Employers, Non-City Entities and Patticipating Employees for use in the Health Care Program are deposited into the HCP Account. 6.2 The HCP Account represents a pool of funds that is independent of all other Trust or A WC funds and independent of all other Participating Employer and Non-City Entity funds. The funds deposited into the HCP Account are held, managed and expended only for the Health Care Program and reasonable expenses, consistent with applicable state 7423434?.6 0053138-00001 4 DI.D Page 51 of 62 and federal statutes and rules governing joint self-insurance programs and self-insurance programs generally. 6.3 The HCP Account is subject to audit by the State Auditor's Office. ARTICLE7 TRUSTEE POWERS RELATED TO HEALTH CARE PROGRAM The Board of Trustees is provided with the powers and functions established under RCW 48.62.031 to accomplish the following: 7.1 Promote the economical and efficient means by which health benefits coverage is made available to Participating Employers and Non-City Entities and provided to Participating Employees, their covered dependents and other beneficiaries; 7.2 Protect the financial integrity of the Health Care Program through purchase of Stop Loss Insurance or Reinsurance in such fonn and amount as needed; 7.3 Contract for or otherwise provide risk management and loss control services; 7.4 Contract for or otherwise provide legal counsel for the defense of claims and other legal services; 7.5 Consult with the state insurance commissioner and the State Risk Manager; 7 .6 Obligate the Participating Employers and Non-City Entities to pledge revenues or contribute money to secure the obligations or pay the expenses of the Health Care Program, including the establishment of a reserve or fund for coverage; and 7.7 Exercise all other powers and perform all other functions reasonably necessary to carry out the purposes of the Health Care Program, Chapter 48.62 RCW and Chapter 200-110 WAC. ARTICLE 8 ORGANIZATION OF HEALTH CARE PROGRAM 8.1 The operations of the Health Care Program are managed by the Board of Trustees or its delegates. The Trustees or any delegates review and analyze Health Care Program- related matters and make operational decisions regarding premium contributions, reserves, plan options and benefits in compliance with Chapter 48.62 RCW. 8.2 The Board of Trustees has decision authority consistent with the Trust Agreement, Health Care Program policies, Chapter 48.62 RCW and Chapter 200-110 WAC. 74234347.6 005 3 138-0000.1 5 DI.D Page 52 of 62 ARTICLE9 RESPONSIBILITIES OF THE TRUSTEES 9.1 The Board of Trustees shall discharge its responsibilities under this Agreement as follows: 9 .1.1 Provide for the efficient management and operation of the Health Care Program; 9.1.2 Provide for health benefit coverage options for Participating Employees, their covered dependents and other beneficiaries; 9 .1.3 Determine the level of Stop Loss Insurance or Reinsurance coverage for claims expenses above the amounts deemed appropriate for self-insurance~ 9 .1.4 Ensure that the Health Care Program meets required state and federal statutes and rules; 9.1.5 Contract with vendors required to meet the responsibilities established by the Trust Agreement, Health Care Program policies, and appl icable state and federal statutes and rules; 9.1.6 Maintain the balance between meeting the Health Care Program needs of Participating Employers and the long-term financial integrity of the Health Care Program; 9 .1. 7 Prepare an annual financial report on the operations of the Health Care Program; and 9 .1.8 Provide for other services deemed appropriate by the Board of Trustees to meet the purposes of this Agreement. 9.2 The Board of Trustees may delegate the responsibilities described in this Article 9 to the EBAC or other delegates at its complete discretion. ARTICLE 10 RESPONSIBILITIES OF THE PARTICIPATING EMPLOYERS In order to participate in the Health Care Program , Participating Emp loyers shall : 10.1 Be a Participating City or Non-City Entity in good standing and comply with the requirements of admission or qualification as established by the Board of Trustees; 10.2 Adopt this Agreement by Resolution, agreeing to its terms and provisions; 10.3 Submit the Resolution and Agreement to the Trust; 74234347.6 0053 138·00001 6 DI.D Page 53 of 62 10.4 Read the terms, conditions and representations set forth in the application agreement related to participation in the Health Care Program; 10.5 Designate an employee of the Participating Employer to be a contact person for all matters relating to the Participating Employer's participation in the Health Care Program; 10.6 Pay premiums for the Health Care Program to the Third-Party Administrator no later than the tenth day of the month in which the premium is due; 10.7 By formal action of the legislative body of the Participating Employer, approve policies and procedures necessary to secure protected health information ("PHI") in accordance with Chapter 70.02 RCW and the Health Insurance Portability and Accountability Act ("HIP AA") privacy and security rules, codified at 45 C.F.R. Parts 160-164; 10.8 Provide the Health Care Program with such information or assistance as is necessary for the Health Care Program to meet its responsibilities under this Agreement; and 10.9 Cooperate with and assist the Health Care Program and any insurer of Stop Loss Insurance or Reinsurance, in all matters relating to the administration and operation of the Health Care Program and all matters relating to this Agreement. 10.10 Comply with all bylaws, rules, regulations and policies adopted by the Board of Trustees re lating to the Health Care Program. ARTICLE 11 RESERVE FUND INVESTMENT All reserve fund investments from the HCP Account shall be made in a marmer that is consistent with RCW 48.62 .111 , Chapter 39.59 RCW, WAC 200-110-090 and the Health Care Program Investment Policy. ARTICLE 12 FINANCIAL RECORDS 12.1 The Board of Trustees shall develop estimated revenue and expenditures to establish a budget for each fiscal year covering January 1 through December 31 armually. Actual Health Care Program revenues and expenditures shall be monitored monthly by the Board of Trustees and reported at its quarterly meetings. 12.2 The accounting records of the Health Care Program are maintained in accordance with methods prescribed by the State Auditor's office under the authority of Chapter 43.09 RCW. The Health Care Program also follows applicable accounting standards established by the Goverrunental Accounting Standards Board ("GASB"). Year-end financial reporting is done on an accrual basis and submitted to the Office of the State Auditor as required by Chapter 200-110 WAC. Once reviewed and approved by the 74234347.6 0053 138-00001 7 DI.D Page 54 of 62 Office of the State Auditor the year-end financial report is transmitted to the Office of the State Risk Manager. 12.3 Financial records of the Health Care Program shall be subject to audit by the Office of the State Auditor. Year-end financial reports and audit results shall be made available to interested parties. The Health Care Program shall provide financial information as required by state statute and rule to the Office of the State Risk Manager. ARTICLE 13 PARTICIPATING EMPLOYER TERMINATION AND WITHDRAWAL 13 .1 A Participating Employer must remain in good standing with the Trust and adhere to the requirements of this Agreement. In the event that a Participating Employer fails to be a Participating City or Non-City Entity in good standing, participation in the Health Care Program shall automatically terminate without notice as shall all health and welfare benefits provided through the Health Care Program. 13 .2 The Board of Trustees may take action to terminate membership or deny membership in the Health Care Program where it determines that such termination or denial is in the best interest of the Health Care Program 13.3 When a Patticipating Employer's eligibility in the Health Care Program is affected due to merger or rumexation , the affected Participating Employer may petition the Board of Trustees to remain in the Health Care Program. 13.4 A Participating Employer may only withdraw its participation in the Health Care Program at the end of the calendar year and must provide written notice to the Trust at least thirty-one (31) days in advance of the end of the calendar year (December 31st). 13.5 In the event of withdrawal or non-renewal, the Health Care Program will cover any of the Participating Employer's remaining outstanding Health Care Program claims expenses incurred prior to the Participating Employer's withdrawal from or non-renewal in the Health Care Program. 13 .6 No Pruticipating Employer, because of withdrawal or any other reason , has any right or interest in the HCP Account because of its nature as a rate stabilization fund. In the event any Patticipat ing Employer withdraws from the Health Care Program, its Participating Employees , their covered dependents and other beneficiaries and any Consolidated Omnibus Budget Reconciliation Act of 1985 as amended (COBRA) participants and contract personnel and dependents approved by the Board of Trustees, shall forfeit all right and interest to the HCP Account. 74234 347.6 005 3138-00001 8 DI.D Page 55 of 62 ARTICLE 14 TERMINATION OF HEALTH CARE PROGRAM 14.1 In the event the Health Care Program is terminated, the Board of Trustees shall distribute the remaining funds in the HCP Account to the Trust or any successor association authorized by Chapter 39.34 RCW for like purposes for use in any program with similar purposes. 14.2 Upon termination, this Agreement and the HCP Account shall continue for the purpose of paying remaining outstanding claims and expenses and fulfilling all other functions necessary to complete the business of the Health Care Program. ARTICLE 15 MEETINGS, NOTICES AND COMMUNICATIONS 15.1 The Board of Trustees and the EBAC> if any responsibilities for Trust management have been delegated thereto, shall provide notice of their regular and special meetings and hold their meetings in accordance with Chapter 42.30, RCW Open Public Meetings Act. 15 .2 Communications with Participating Employers may occur using mail, email or posting on the Health Care Program website. The website shall be partitioned to provide information for the general public and information specific to Participating Employers and their employees. 15.3 Communications may come directly from the Health Care Program, through the Third-Party Administrator or through another vendor on behalf of the Health Care Program. ARTICLE 16 AMENDMENTSTOINTERLOCALAGREEMENT 16.1 The Board of Trustees shall review and analyze any proposed amendment to this Agreement. An amendment may be proposed for review by any party to this Agreement. 16.2 The Board of Trustees upon its discretion may take action by resolution on any amendment at any regular meeting ofthe Board of Trustees. ARTICLE 17 PROHffiiTION ON ASSIGNMENT 17.1 No Participating Employer may assign any right or claim of interest it may have under this Agreement. 74234347 .6 0053138-0000 I 9 DI.D Page 56 of 62 17.2 No creditor, assignee or third-party beneficiary of any employer shall have the right, claim or title to any party, share, interest, premium or asset of the Trust, HCP Account or the Health Care Program. ARTICLE 18 HEALTH CLAIM DISPUTES AND APPEALS In the event that a dispute arises over a health claim, the procedures, adjud ication requirements and administrative remedies shall be found in the Health Care Program's plan document applicable to the Health Care Program covering the claimant. ARTICLE 19 PLAN ADMINISTRATION DISPUTES AND APPEALS 19.1 In the event that a dispute arises between a Participating Employer and the Health Care Program, the Participating Employer shall document the circumstances causing the dispute and submit a written request for review of the disputed circumstances to the Board of Trustees. Upon revi ew of such inf01mation, the Board of Trustees shall attempt to resolve the dispute. 19.2 If the Board of Trustees' resolution to the dispute is deemed unsatisfactory, then alternative dispute resolution through mediation or binding arbitration may be necessary. AR TICLE 20 ENFORCEMENTOFTERMSOFAGREEMENT 20.1 The Board of Trustees may enforce the terms of this Agreement. 20.2 In the event legal action is initiated to enforce any term or provision of this Agreement against any present or previous Participating Employer, the prevailing party shall receive such reimbursement of costs as the court deems r easonable for attorneys' fees and costs related to the relevant legal action. ARTICLE21 DEFAULT 21.1 If any Participating Employer fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Board of Trustees has given the Participating Employer written notice describing such failure, the Participating Employer shall be considered in default. 21.2 Upon default, the Board of Trustees may immediately cancel the Participating Employer's participation in the Health Care Program without additional notice or exercise some other remedy otherwise provi ded by law. 74234347.6 0053138-0000J 10 DI.D Page 57 of 62 21.3 The rights and remedies of the Board of Trustees are cumulative in nature and pursuit of any pru1icular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. ARTICLE22 NO WAIVERS No waiver or forbearance of a breach of any covenant, term, or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereu nder, or the payment of any s um of money after the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver or right to demand payment of all sums owing or a waiver of any other default then or thereafter existing. ARTICLE23 CONTRACT MANAGEMENT The Health Care Program shall designate a person to whom the State Risk Manager shall forward legal process served upon the Risk Manager; The A WC Chief Executive Officer (designee or successor). The Health Care Program Director shal l be responsible for and shall be the con tact person for all communications regarding the performance of this Agreement. ARTICLE24 SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference s hall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. ARTICLE25 COUNTERPART COPIES This Agreement may be signed in counterpart or duplicate copies and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 7423434 7.6 0053138·0000 I 11 DI.D Page 58 of 62 ARTICLE26 HEADINGS The Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. ARTICLE27 AGREEMENTCO~LETE This Agreement and the documents referenced herein contains all the terms and conditions agreed to by the parties. No other understandings, oral or otherwise, regardi ng the subject matter of this Agreement shall be deemed to exist or to bind the parties h ereto. [Si g nature page follow s] 74234347.6 0053 138-00001 12 DI.D Page 59 of 62 AGENDA BILL APPROVAL FORM Agenda Subject: Project Matrix Date: September 11, 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 23, 2013 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 61 of 62 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 11/25/2013 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: 9/10/13 E:\AGENDA\MunicipalServicesPaperlessPacket\2013\18-September 23\Resources\Matrix 09-10-13.xls DI.E Page 62 of 62