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Home My WebLink About01-23-2017 STUDY SESSION AGENDACity Council Study Session January 23, 2017 - 5:30 PM Auburn City Hall AGENDA Watch the meeting LIVE! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Roll Call II. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS III. AGENDA ITEMS FOR COUNCIL DISCUSSION A. Auburn Station Access Improvement Project (20 Minute Presentation) Sound Transit to provide a project overview, review of key tasks and deliverables and key milestone dates. B. Code Enforcement Presentation (10 Minute Presentation)* (Snyder) Overview of completed abatement action at 46th Place South C. Resolution No. 5273 (10 Minute Presentation)* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement between the City of Auburn and Seattle- King County Department of Public Health regarding the 2017-2018 Local Hazardous Waste Management Program D. Resolution No. 5274 (10 Minute Presentation)* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement between the City of Auburn and King County to implement the 2017-2018 Waste Reduction and Recycling Grant Program and accepting program grant funds E. Resolution No. 5275 (10 Minute Presentation)* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the transfer of funds for the purpose of making loans from the general fund and/or the cumulative reserve fund to funds sustained by grants, fees, or tax credits sustained or project focused special revenue fund for up to a three-year period of time F. Honorary Naming for Former Mayor Pete Lewis (20 Minute Presentation)* G. Council Hybrid Study Session (30 Minute Presentation)* H. Council Corner IV. ADJOURNMENT Page 1 of 105 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 105 AGENDA BILL APPROVAL FORM Agenda Subject: Code Enforcement Presentation (10 Minute Presentation) Date: January 18, 2017 Department: Community Development & Public Works Attachments: PowerPoint Presentation on abatement Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Staff:Snyder Meeting Date:January 23, 2017 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 3 of 105 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N CODE ENFORCEMENT 46TH PLACE SOUTH ABATEMENT Community Development and Public Works Department Engineering Services Administrative Services Environmental Services Community Development Services Maintenance & Operations ServicesDI.B Page 4 of 105 13, 17.3 yard dump truck loads 5 pick up truck loads 3 large trailer loads 500 sq. ft. unpermitted structure taken down 13 inoperable, junk and or stolen vehicles removed 2 Recreational Vehicles being used as dwelling units Stolen items to include vehicle, two utility trailers, several compressed gas cylinders, portable toilet, portable hand washing station and a genie scissor lift. Most were able to be returned to rightful owner. ITEMS REMOVED DI.B Page 5 of 105 Case open 1/05/16 Infraction issued 2/05/16 Penalty issued 2/10/16 Initial court hearing 3/25/16 Contested court hearing 4/29/16 (judge found defendant guilty and told if property wasn’t cleaned up, the city will abate) Abatement order/warrant filed superior court 6/07/16 Abatement executed 10/05/16 (Total abatement cost was $12,570.71) CHRONOLOGY OF EVENTS DI.B Page 6 of 105 NEIGHBORS THAT WERE IMPACTED DI.B Page 7 of 105 SERVING THE WARRANT SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 8 of 105 CLEARING THE STRUCTURES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 9 of 105 RV w/attached structure MAIN DWELLING SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Bedroom 1 in attached structure DI.B Page 10 of 105 Opening to structure and RV door Bedroom LIVING AREAS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 11 of 105 Shower holding tank held up by stolen Genie lift UTILITIES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Sewage pipe DI.B Page 12 of 105 Shower insert Demo of attached structure SHOWER / DEMO SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 13 of 105 DEMO SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 14 of 105 TOWING SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 15 of 105 2 nd RV lived in Clearing of RV ADU SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 16 of 105 Removal Demo REMOVAL / DEMO SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 17 of 105 DEMO SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 18 of 105 DEMO SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 19 of 105 Non permitted structure ADDITIONAL STRUCTURES / JUNK SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 20 of 105 VEHICLES / JUNK SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 21 of 105 JUNK SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 22 of 105 JUNK / BICYCLES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 23 of 105 MILL CREEK IMPACTS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 24 of 105 ADDITIONAL JUNK SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 25 of 105 VEHICLES / 2 ND ADU DI.B Page 26 of 105 JUNK / INOPERABLE VEHICLE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 27 of 105 JUNK / INOPERABLE VEHICLE SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 28 of 105 JUNK DI.B Page 29 of 105 TOWING / CLEAN UP CREW DI.B Page 30 of 105 DOCUMENTATION SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 31 of 105 END RESULT SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 32 of 105 END RESULT SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 33 of 105 END RESULT SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONDI.B Page 34 of 105 New complaints received about junk, litter and debris & occupant living in truck camper. Complaint verified. Infraction issued. Awaiting court Two more stolen vehicles have been recovered from property by APD. APD reviewing charges. CURRENT ENFORCEMENT DI.B Page 35 of 105 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5273 (10 Minute Presentation) Date: January 17, 2017 Department: Finance Attachments: Resolution No. 5273 LHWMP Grant Agreement Budget Impact: $0 Administrative Recommendation: City Council to approve and adopt Resolution No. 5273. Background Summary: Seattle-King County Department of Public Health requests to enter into a contract with the City of Auburn for the Local Hazardous Waste Management Program. King County has extended $49,019.76 for the City to promote the Neighborhood Natural Yard Care Program and provide hazardous waste education to residents in 2017 and 2018. Neighborhood Natural Yard Care Program Three workshop presentations will be given to the Lakeland Hills neighborhood in 2017 and the neighborhood near the Auburn Adventist Academy in 2018. The presentations will focus on various yard care techniques that contribute to environmental health and safety. This grant provides 22% of the $28,000.00 allocated for this program. The Water and Storm Utilities split the remaining 78%. Residential Hazardous Waste Education Household hazardous waste education to residents will include: a postcard, flyer, or newsletter mailed to residents and a consultant to provide outreach at City-sponsored events. Reviewed by Council Committees: Councilmember: Staff:Coleman Meeting Date:January 23, 2017 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 36 of 105 AUBURN * MORE THAN YOU IMAGINEDDI.C Page 37 of 105 ---------------------------- Resolution No. 5273 January 10, 2017 Page 1 of 2 RESOLUTION NO. 5 2 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH REGARDING THE 2017-2018 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM WHEREAS, the Seattle King-County Department of Public Health has agreed to reimburse the City of Auburn in the amount of $49,019.76 for costs associated with the City’s Local Hazardous Waste Management Program; and WHEREAS, in order to accept the monies offered by the Seattle-King County Department of Public Health, it is necessary for the City to enter into a services contract which specifies the administrative procedures governing the reimbursement of funds spent in the City’s Local Hazardous Waste Management Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and King County for Local Hazardous Waste Management, 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. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2017. DI.C Page 38 of 105 ---------------------------- Resolution No. 5273 January 10, 2017 Page 2 of 2 CITY OF AUBURN _________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.C Page 39 of 105 1 COMMUNITY SERVICES AGREEMENT PHSKC Agreement # 1263 EHS This Agreement is between King County and the Recipient identified below. The County department overseeing the work to be performed in this Agreement is the Department of Public Health (PHSKC). RECIPIENT NAME City of Auburn RECIPIENT FEDERAL TAX ID # 91-6001228 RECIPIENT ADDRESS 25 W Main St. Auburn, WA 98001-4998 RECIPIENT CONTACT & EMAIL ADDRESS Joan Nelson jenelson@auburnwa.gov PHSKC DIVISION EHS PROJECT TITLE Local Hazardous Waste Management Program AGREEMENT START DATE Jan 01 2017 AGREEMENT END DATE Dec 31 2018 AGREEMENT MAXIMUM AMOUNT $49,019.76 FUNDING DETAILS Funding Source PHSKC Contract # Amount Effective Dates County $49,019.76 Jan 01 2017 TO Dec 31 2018 FUNDING SUMMARY FEDERAL: $0 COUNTY: $49,019.76 STATE: $0 OTHER: $0 IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT: No EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: EXHIBIT A – Scope of Work EXHIBIT B – Budget EXHIBIT C – Invoice In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions pr ovided herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements on the PHSKC website (http://www.kingcounty.gov/health/Agreements), and agrees to comply with all of the Agreement terms and condi tions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY (This form is available in alternate formats for people with disabilities upon request.) EXHIBIT A DI.C Page 40 of 105 2 KING COUNTY TERMS AND CONDITIONS 1. Agreement Term and Termination A. This Agreement shall commence on the Agreement Start Date and s hall terminate on the Agreement End Date as specified on page 1 of this Agreement, unless extended or terminated earlier, pursuant to the terms and conditions of the Agreement. B. This Agreement may be terminated by the County or the Recipient without cause, in whole or in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance written notice of the termination. The Agreement may be suspended by the County without cause, in whole or in part, prior to the date specified in S ubsection 1.A. above, by providing the Recipient thirty (30) days advance written notice of the suspension. C. The County may terminate or suspend this Agreement, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Recipient materially breaches any duty, obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Agreement is terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Recipient by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection 1.A., the County may, upon written notification to the Recipient, terminate or suspend this Agreement in whole or in part. If the Agreement is terminated or suspended as provided in t his Section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination or suspension; and (2) in the case of termination the Recipient shall be released from any obligation to provide such further services pursuant to the Agreement ; and (3) in the case of suspension the Recipient shall be released from any obligation to provide services during the period of suspension and until such time as the County provides written authorization to resume services.. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Agreement. Should such appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. 2. Compensation and Method of Payment A. The County shall reimburse the Recipient for satisfactory completion of the services and requirements s pecified in this Agreement, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with the attached Budget Exhibit. B. The Recipient shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 working days after the close of each indicated reporting period. The County shall make payment to the Recipient not more than 30 days after a complete and accurate invoice is received. DI.C Page 41 of 105 3 C. The Recipient shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Recipient’s final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Recipient of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received from the County under this Agreement in accor dance with said budget. The Agreement may contain separate budgets for separate program components. The Recipient shall request prior approval from the County for an amendment to this Agreement when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Agreement amount in any Agreement budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. Cumulative transfers between budget categories of 10% or less need not be incorporated by written amendment; however, the County must be informed immediately in writing of each such change. E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated under this Agreement, the County may recapture and reprogram any such under -expenditures unilaterally and without the need for further amendment of this Agreement. The County may unilaterally make changes to the funding source without the need for an amendment. The Recipient shall be notified in writing of any changes in the fund source or the recapturing or reprograming of under expenditures. F. If travel costs are contained in the attached budget, reimbursement of Recipient travel, lodging, and meal expenses are limi ted to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Recipient does not request government rates, the Recipient shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference http://www.gsa.gov for the current host city per diem rates. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Recipient shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of a federal grant must be in accordance with the Fly America Act. 3. Internal Control and Accounting System The Recipient shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles promulgated by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Recipient’s form of incorporation. 4. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Recipient, by signature DI.C Page 42 of 105 4 to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Recipient also agrees that it will n ot enter into a sub-agreement with a Recipient that is debarred, suspended, or proposed for debarment. The Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or proposed for debarment by any Federal department or agency. 5. Maintenance of Records/Evaluations and Inspections A. The Recipient shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section 13. below, the Recipient shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Agreement; and 2. Rec ords, including written quotes, bids, estimates or proposals submitted to the Recipient by all businesses seeking to participate on this Agreement, and any other information necessary to document the actual use of and payments to sub-awardees and suppliers in this Agreement, including employment records. The County may visit the site of the work and the Recipient’s office to review the foregoing records. The Recipient shall provide every assistance requested by the County during such visits and make the foregoing records available to the County for inspection and copying upon request. The Recipient shall provide right of access to its facilities —including those of any sub-awardee assigned any portion of this Agreement pursuant to Section 12—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. The County will give advance notice to the Recipient in the case of fiscal audits to be conducted by the Cou nty. The Recipient shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Agreement documents. The Recipient shall inform the County in writing of the location, if different f rom the Recipient address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. C. The records listed in A and B above shall be maintained for a period of six (6) years after termination of this Agreement. The records and documents with respect to all matters covered by this Agreement shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof, unless a longer retention period is required by law. D. Medical records shall be maintained and preserved by t he Recipient in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Recipient ceases operations under this Agreement, the Recipient shall be responsible for the disposition and maintenance of such medical records. E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the Recipient’s performance under this Agreement and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. DI.C Page 43 of 105 5 F. The Recipient agrees that all information, records, and data collected in connection with this Agreement s hall be protected from unauthorized disclosure in accordance with applicable state and federal law. 6.Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Recipient shall not use protected health information created or shared under this Agreement in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Recipient shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/healthservic es/health/partnerships/contracts 7.Audits A. If the Recipient, for-profit or non-profit, receives in excess of $100,000 in funds during its fiscal year from the County, it shall provide a fiscal year financial statement prepared by an independent Certified Public Accountant or Accounting Firm within six (6) months subsequent to the close of the Recipient’s fiscal year. B. Additional audit or review requirements which may be imposed on the County will be passed on to the Recipient and the Recipient will be required to comply with any such requirements. 8.Corrective Action If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A.The County will notify the Recipient in writing of the nature of the breach; The Recipient shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bri nging the Agreement into compliance, which date shall not be more than ten (10) days from the date of the Recipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective ac tions; B. The County will notify the Recipient in writing of the County’s determination as to the sufficiency of the Recipient’s corrective action plan. The determination of sufficiency of the Recipient’s corrective action plan shall be at the sole discretion of the County; C. In the event that the Recipient does not respond within the appropriate time with a corrective action plan, or the Recipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination or sus pension of this Agreement in whole or in part pursuant to Section 1.C.; D. In addition, the County may withhold any payment owed the Recipient or prohibit the Recipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 1., Subsections B, C, D, and E. 9.Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve the dispute under this section. 10.Hold Harmless and Indemnification DI.C Page 44 of 105 6 A. In providing services under this Agreement, the Recipient is an independent contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Recipient shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Recipient, its employees, and/or others by reason of this Agreement. The Recipient shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Recipient ’s failure to pay any s uch compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work, services, materials, or supplies by Recipient employees or other suppliers in connection with or support of the performance of this Agreement. B. The Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Recipient, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Term and Termination section. C. The Recipient shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers, employees, sub-awardees and/or agents, in its performance and/or non-performance of its obligations under this Agreement. The Recipient agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action br ought by, or on behalf of, any of its employees or agents. For this purpose, the Recipient, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Recipient. D. The County shall protect, defend, indemnify, and save harmless the Recipient, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Agreement. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Recipient only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Recipient incurs any judgment, award, and/or cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. DI.C Page 45 of 105 7 G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. 11.Insurance Requirements By the date of execution of this Agreement, the Recipient shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Recipient, its agents, representatives, employees, and/or sub-awardees. The costs of suc h insurance shall be paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance and policy endorsements for each sub-awardee as evidence of compliance with the insurance requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Recipient, its agents, employees, officers, sub - awardee, providers, and/or provider sub-awardees to comply with the insurance requirements stated herein shall constitute a material breach of this Agreement. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and provide required insurance documentation prior to the s igning of this Agreement. 12.Assignment/Sub-agreements A. The Recipient shall not assign or sub-award any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to the date of any proposed assignment. B. “Sub-agreement” shall mean any agreement between the Recipient and a sub-awardee or between sub-awardees that is based on this Agreement, provided that the term “sub- awardee” does not include the purchase of (1) support services not related to the subject matter of this Agreement, or (2) supplies. C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15, 16, 17, 23, 24, 25, and the Funder’s Special Terms and Conditions, if attached, in every sub- agreement or purchase agreement for services that relate to the subject matter of this Agreement. D. The Recipient agrees to include the following language verbatim in every sub-agreement for services which relate to the subject matter of this Agreement: “Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of sub -awardee, its officers, employees, and/or agents in connection with or in support of this Agreement. Sub - awardee expressly agrees and understands that King County is a third party beneficiary to this Agreement and shall have the right to bring an action against sub -awardee to enforce the provisions of this paragraph.” 13.Nondiscrimination; Equal Employment Opportunity; Payment of a Living Wage The Recipient shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. A.During performance of the Agreement, the Recipient agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Recipient will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at DI.C Page 46 of 105 8 http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and certify compliance. B. Requirements of King County Living Wage Ordinance In accordance with King County Ordinance 17909, as a condition of award for agreements beginning on or after April 1, 2015, for services with an initial or amended value of $100,000 or more, the Recipient agrees that it shall pay and require all sub-awardees and subcontractors to pay a living wage as described in the ordinance to employees for each hour the employee performs a Measurable Amount of Work on this Agreement. The requirements of the ordinance, including payment schedules, are detailed at http://www.kingcounty.gov/operations/procurement/Resources/ordinance-17909.aspx. Violations of this requirement may result in disqualification of the Recipient from bidding on or being awarded a County agreement or contract for up to two years; c ontractual remedies including, but not limited to, liquidated damages and/or termination of the Agreement; remedial action as set forth in public rule; and other civil remedies and sanctions allowed by law. For purposes of this Section, a “Measurable Amount of Work” is defined as a definitive allocation of an employee’s time that can be attributed to work performed under this Agreement, but that is not less than a total of one hour in any one week period. 14.Conflict of Interest A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this Agreement, and may result in termination of this Agreement pursuant to Section II and subject the Recipient to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Recipient acknowledges that if it is found to have violated the prohibition found in this paragraph, its current Agreements with t he county will be cancelled and it shall not be able to bid on any county Agreement for a period of two years. C. The Recipient acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in an agreement or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Recipient shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Agreement. Failure to identify current or former County employees involved in this transaction may result in the County’s denying or terminating this Agreement. After Agreement award, the Recipient is responsible for notifying the County’s Project Manager of current or former County employees who may become involved in the Agreement any time during the term of the Agreement. 15.Equipment Purchase, Maintenance, and Ownership A. The Recipient agrees that any equipment purchased, in whole or in part, with Agreement funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Recipient shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Recipient shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Agreement unless otherwise agreed upon by the parties. 16.Proprietary Rights DI.C Page 47 of 105 9 The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material or article should result from the w ork described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Recipient, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient which are modified for use in the performance of this Agreement. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient that are not modified for use in the performance of this Agreement. 17. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further t he election or defeat of any candidate for public office. 18. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. 19. Future Support The County makes no commitment to support the services awarded for herein and assumes no obligation for future support of the activity awarded herein except as expre ssly set forth in this Agreement. 20. Entire Agreement/Waiver of Default The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 21. Amendments Either party may request changes to this Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Changes to the County’s Agreement numbering system or fund source may be made unilaterally b y the County and without the need for amendment of this Agreement. The Recipient shall be notified in writing of any changes in the Agreement number or fund source assigned by the County; provided, however, that the total compensation allocated by the County through this Agreement does not change. 22. Notices Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Recipient and the project representative of the County department specified on page one of this Agreement. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. 23. Services Provided in Accordance with Law and Rule and Regula tion DI.C Page 48 of 105 10 The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted und er this Agreement, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Agreement, the language in the Agreement shall have control over the lan guage contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. 24. Applicable Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. 25. Electronic Processing and Signatures The parties agree that this Agreement may be processed and signed electronically, which if done so, will be subject to additional terms and conditions found at https://www.docusign.com/company/terms -of-use. The parties acknowledge that they have consulted with their respective attorneys and have had the opportunity to review this Agreement. Therefore, the parties expressly agree that this Agreement shall be given full force and effect according to each and all of its express terms and provisions and the rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. The parties executing this Agreement electronically have authority to sign and bind its represented party to this Agreement. 26. No Third Party Beneficiaries Except for the parties to whom this Agreement is assigned in compliance with the terms of this Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not impart any rights enforceable by any person or entity that is not a party hereto. END OF COUNTY TERMS AND CONDITIONS DI.C Page 49 of 105 City of Auburn 1 EXHIBIT A SCOPE OF WORK CITY OF AUBURN 1/1/2017-12/31/2018 Background The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997 and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the Seattle Public Utilities, the King County Water and Land Resources Division and the Seattle -King County Department of Public Health) and the cities located in King County. The Washington State Depa rtment of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the “Program”). The purpose of this Exhibit is to define the relationship associated with the Program’s funding of City activities performed under the auspices of the Plan and as approved by the Program’s Management Coordination Committee (hereinafter referred to as the “MCC”). This Agreement further defines the responsibilities of the City and the Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Auburn will assist in the promotion of natural yard care to one Auburn neighborhood through the King County Natural Yard Care Neighborhoods program. The City will create and mail newsletters, flyers or postcards about household hazardous waste to Auburn residents, and also hire a consultant to provide outreach, education and presentations at public events. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Program’s Contract Administrator. Funds provided to the City by the Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC . 2. The City shall submit timely reimbursement requests as negotiated with the Contract Administrator. For reimbursement, the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. DI.C Page 50 of 105 City of Auburn 2 b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City’s finance department. The financial statement should include vendor names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA’s Non- Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencie s arising at the facilities associated with the City’s events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced – in part or in whole – with Program funds. Where feasible, the City will use the Program’s logo. The intent of this provision is to further strengthen this regional partnership in the public’s mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street, Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle -King County Department of Public Health 1. The Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. DI.C Page 51 of 105 City of Auburn 3 The Contract Administrator retains the right to withhold all or partial payment if the City’s invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Paul Shallow LHWMP Program Director LHWMP Contract Administrator 150 Nickerson Street, Suite 204 401 Fifth Avenue, Suite 1100 Seattle, WA 98109 Seattle, WA 98104 206-263-8241 206-263-8487 lynda.ransley@kingcounty.gov paul.shallow@kingcounty.gov DI.C Page 52 of 105 City of Auburn EXHIBIT B 2017 -2018 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Auburn 25 W Main Street, Auburn, WA 98001-4998 Component Description 2017-2018 Budget Total Household Hazardous Waste Education $49,019.76 $49,019.76 Household Hazardous Waste Collection TOTAL $49,019.76 $49,019.76 Footnote: The 2017-2018 budget can be partly or totally spent in either 2017 and/or 2018 but cannot exceed the budget total in these two years. DI.C Page 53 of 105 ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING Purchase Order # Supplier Name City of Auburn Contract Number: 1263 Supplier #1033 Exhibit: C Supplier Pay Site City of Auburn Remit to Address Invoice Date Invoice # Amount to be Paid Note to AP Payment Type Print on Remittance PH Program name & phone Start End Date Date 1/1/17 12/31/18 MM/DD/YY Project DPH Acct CPA Subrecipient Signed Date PH Authorization / Approval Date Print Name Entered FM Review Official Copy Rcvd Date Initial Attach sheet for multiple POETAs Expenditure Item $49,019.76 $49,019.76 CM/PM ReviewReceived For Public Health Use Only INVOICE City of Auburn 25 W Main Street, Auburn WA 98001-4998 Invoice Processing Contact: Joan Nelson (253) 931-5103 jenelson@auburnwa.gov Paul Shallow Local Hazardous Waste Management Program Task Current 401 5th Ave., Suite 1100 Seattle, WA 98104 Invoice for services rendered under this contract for the period of: Organization Amount Paul Shallow (206) 263-8487 Submit signed hardcopy invoice to: Expend Acct Award CFDA King County Accounts Payable Information (Circle One) CHECK or ACH Public Health - Seattle & King County Contract Period of Performance: 1/1/17-12/31/18 I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve as supporting documentation to this reimbursement request. Total 2017-18 Budget Previously Billed Cumulative Balance $49,019.76$49,019.76 HHW Collection HHW Education DI.C Page 54 of 105 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5274 (10 Minute Presentation) Date: January 17, 2017 Department: Finance Attachments: Resolution No. 5274 WRR Agreement Budget Impact: $0 Administrative Recommendation: City Council to approve and adopt Resolution No. 5274. Background Summary: King County requests to enter into an interlocal agreement with the City of Auburn for the 2017-2018 Waste Reduction and Recycling (WRR) Grant Program. King County has appropriated $75,698.00 for the City to promote waste reduction and recycling to businesses, residents, and schools. The grant funding will be used to support the following: Community Yard Sale, Bulky Item Collection, classroom presentations, school waste audits, outreach at City- sponsored events, and business food waste reduction outreach. This WRR Grant provides a 25% match to Department of Ecology’s Coordinated Prevention Grant (CPG). WRR funds will provide $5,016.00 to match the remaining of the 2015-2017 CPG Grant and $11,750.00 to match the 2017-2019 CPG Grant. Both grants include the Community Yard Sale, school outreach, and outreach at City- sponsored events. Reviewed by Council Committees: Councilmember: Staff:Coleman Meeting Date:January 23, 2017 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 55 of 105 ---------------------------- Resolution No. 5274 January 10, 2017 Page 1 of 2 RESOLUTION NO. 5 2 7 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO IMPLEMENT THE 2017- 2018 WASTE REDUCTION AND RECYCLING GRANT PROGRAM AND ACCEPTING PROGRAM GRANT FUNDS WHEREAS, King County and the City of Auburn have adopted the King County Solid Waste Management Plan, which includes recycling and waste reduction goals; and WHEREAS, in order to help meet these goals, the King County Solid Waste Division has established a Waste Reduction and Recycling Grant Program for the suburban cities; and WHEREAS, this program provides funding to further the development of local waste reduction and recycling for Auburn businesses and residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and King County for the 2017-2018 Waste Reduction and Recycling Grant Program and accepting program grant funds in the amount of $75,698.00, 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. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DI.D Page 56 of 105 ---------------------------- Resolution No. 5274 January 10, 2017 Page 2 of 2 Dated and Signed this _____ day of _________________, 2017. CITY OF AUBURN _________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.D Page 57 of 105 DI.D Page 58 of 105 DI.D Page 59 of 105 DI.D Page 60 of 105 DI.D Page 61 of 105 DI.D Page 62 of 105 DI.D Page 63 of 105 DI.D Page 64 of 105 DI.D Page 65 of 105 DI.D Page 66 of 105 DI.D Page 67 of 105 DI.D Page 68 of 105 DI.D Page 69 of 105 DI.D Page 70 of 105 DI.D Page 71 of 105 DI.D Page 72 of 105 DI.D Page 73 of 105 DI.D Page 74 of 105 DI.D Page 75 of 105 DI.D Page 76 of 105 DI.D Page 77 of 105 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5275 (10 Minute Presentation) Date: January 17, 2017 Department: Finance Attachments: Resolution No. 5275 Budget Impact: $0 Administrative Recommendation: Council to approve and adopt Resolution No. 5275. Background Summary: City financial management policies, which are approved as part of the Biennial Budget, provide for issuance of interfund loans with approval from Council. Interfund loans provide operational flexibility to cover authorized expenditures, such as when the City is awaiting reimbursement of expenses from grants, the collection of user fees such as vehicle license fees, or receipt of tax credits. Council approval of Resolution No. 5275 will authorize the City’s Finance Department to prepare an interfund loan, if and when it may be needed, from the General Fund and/or the Cumulative Reserve Fund to a fund or funds supported by grants, fees, or tax credits in the event the City is awaiting reimbursement of federal, state or local grant funds, collection of user fees, or receipt of tax credits. The authority is limited to $2.5 million and the resolution is effective for 3 years through February 2020, at which time its authority will lapse. Council authorization is requested to enable the aforementioned flexibility in managing the City’s short-term funding needs in the street programs, Community Development and Block Grant Fund, and Local Revitalization Area Debt Service Fund. Reviewed by Council Committees: Councilmember: Staff:Coleman Meeting Date:January 23, 2017 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 78 of 105 AUBURN * MORE THAN YOU IMAGINEDDI.E Page 79 of 105 ------------------------------ Resolution No. 5275 January 17, 2017 Page 1 of 3 RESOLUTION NO. 5 2 7 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING LOANS FROM THE GENERAL FUND AND/OR THE CUMULATIVE RESERVE FUND TO FUNDS SUSTAINED BY GRANTS, FEES, OR TAX CREDITS SUSTAINED OR PROJECT FOCUSED SPECIAL REVENUE FUND FOR UP TO A THREE-YEAR PERIOD OF TIME WHEREAS, there may be insufficient funds available from time to time during the period February 2017 to February 2020 in a fund or funds supported by grants, fees, and/or tax credits, such as the street funds, the Community Development and Block Grant Fund, or the Local Revitalization 2010 C&D Bond Debt Service Fund, herein referred to as a “Grant, Fee, or Tax Credit Sustained Fund” to cover authorized expenditures while the City waits for reimbursement of federal, state and local grant monies which have been approved for allocation to the City and for which contracts have been executed, or for the collection of user fees, such as vehicle license fees, or for the receipt of tax credits from the State of Washington; and WHEREAS, the General Fund and/or the Cumulative Reserve Fund have sufficient funds from which to transfer funds in an amount not to exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00) for the purpose of making loans to cover authorized expenditures in a Grant, Fee, or Tax Credit Sustained Fund; and WHEREAS, in the event a loan is made from the General Fund (Fund No. 001) and/or the Cumulative Reserve Fund (Fund No. 122) to a Grant, Fee, DI.E Page 80 of 105 ------------------------------ Resolution No. 5275 January 17, 2017 Page 2 of 3 or Tax Credit Sustained Fund as provided above, the loans shall be interest free. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. Authorization is hereby given during the time period February 2017 to February 2020 for the transfer of funds to a Grant, Fee, or Tax Credit Sustained Fund, when there are insufficient funds available therein to cover authorized expenditures while the City waits for federal, state and local grant monies or user fees which have been approved for allocation to the City and for which contracts have been executed, or for the collection of user fees, or for the receipt of tax credits, in an amount not to exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00) from the General Fund and/or the Cumulative Reserve Fund for the purpose of making an interest free loan. 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. DATED and SIGNED this ______ day of _____________. 2017. Nancy Backus MAYOR DI.E Page 81 of 105 ------------------------------ Resolution No. 5275 January 17, 2017 Page 3 of 3 ATTEST: Danielle Daskam City Clerk APPROVED AS TO FORM: Daniel B. Heid City Attorney DI.E Page 82 of 105 AGENDA BILL APPROVAL FORM Agenda Subject: Honorary Naming for Former Mayor Pete Lewis (20 Minute Presentation) Date: January 18, 2017 Department: Administration Attachments: Naming Parks Budget Impact: $0 Administrative Recommendation: Background Summary: City Parks named after Mayors are: Les Gove Gaines Roegner Shaughnessy Reviewed by Council Committees: Councilmember: Staff: Meeting Date:January 23, 2017 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 83 of 105 Page 1 of 2 Policy # 1130 MANUAL OF POLICIES AND PROCEDURES Auburn Parks, Arts and Recreation Board Auburn, Washington Number 1130 Effective: October 15, 2013 (supercedes November 2, 2004) Section 1000 Administration Subject 100 Authority and Objectives Title 30 Naming Parks PURPOSE: To establish policy for the City of Auburn Parks, Arts and Recreation to name newly acquired or developed or as-yet unnamed parks and recreation facilities, after following the procedures outlined here and in compliance with Resolution No. 2555. 1. Responsibility 1.1 The Auburn Parks and Recreation Board shall make a recommendation to the council. The Board shall solicit public input from individuals and organizations. 1.2 The City Council has the final authority for naming City public facilities. 2. Procedures 2.1 The Parks and Recreation Board will meet on their normal schedule, unless a special meeting is called. The Parks and Recreation Director, or his designee, will provide staff support. 2.2 The Parks and Recreation Board will use public input to solicit suggestions for names from organizations and individuals. The Board will acknowledge, and record for consideration, all suggestions, solicited or not. 2.3 After considering the submitted names and applying the criteria set forth in 3 below, the Board will recommend names to the Mayor and City Council, and provide the historical or other supportive information as appropriate to justify the recommendation. 2.4 The Parks and Recreation Director, with the advice of the Parks and Recreation Board, will take all necessary steps to submit the recommendation to the Mayor and City Council at their next scheduled meeting. 3. Criteria 3.1 To avoid duplication, confusing similarity, or inappropriateness, the Board, in considering name suggestions, will review existing park and facility names in the park system . DI.F Page 84 of 105 Page 2 of 2 Policy # 1130 3.2 In naming a park or facility, the Board will consider geographical location, historical or cultural significance, distinctive natural or geological features, and the wishes of the community in which it is located. 3.3 In naming community centers and other facilities, the Board will give considerable weight to names that reflect the geographic location that gives identity to the community. 3.4 Selection of names to be used to designate public facilities shall be based on the relationship of that parcel of land or facility based on the following criteria: (a) neighborhood, geographic, or common usage or referral identification; historical figure, place, event, or other instance of historical or cultural significance; (b) natural or geological feature; (c) an individual, living or deceased, who has made a significant land and/or monetary contribution to the park system or who has had such contribution made “in memoriam” with the name stipulated as a condition of donation; (d) an individual, living or deceased, who contributed outstanding civic service to the City, community, or City government. A period of at least one year shall expire before naming of a park or facility honoring a deceased person. 3.5 As a general rule, portions of a park or recreation facility will not have a name other than that of the entire facility; the Board may consider exceptions in cases where, as a revenue or fundraising opportunity, a nomination is submitted to name a room within a community center after a corporate sponsor, or in cases where an area within a park is distinctive enough, in the view of the Board, to merit its own name. 3.6 Because temporary “working” designations tend to be retained, the Director will carry out the naming process for a new park facility as early as possible after its acquisition or development. Facilities will bear number designations until the naming process results in adoption of a name. 3.7 Recommendations of the Board will be taken to the Mayor and City Council for final approval. 3.8 A name, once bestowed, should be so named with the intent that it is permanent. 3.9 City signage shall identify the specific park or facility by placing appropriate signage specifying the name. DI.F Page 85 of 105 AGENDA BILL APPROVAL FORM Agenda Subject: Council Hybrid Study Session (30 Minute Presentation) Date: January 18, 2017 Department: Administration Attachments: Council Hybrid Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Staff: Meeting Date:January 23, 2017 Item Number:DI.G AUBURN * MORE THAN YOU IMAGINEDDI.G Page 86 of 105 Hybrid Study Sessions DI.G Page 87 of 105 Public Works & Community Development Municipal Services Health & Human Services Finance & Economic Development 1.Utilities 2.Zoning,Codes, Permits 3.Innovation & Technology 4.Transportation 5.Streets 6.Engineering 7.Capital Projects 8.Sustainability 9.Environmental Protection 10.Culture, Arts, Public Art 11.Planning 1.Police 2.SCORE Jail 3.District Court 4.Parks & Recreation 5.Animal Control 6.Solid Waste 7.Emergency Planning 8.Airport 9.Airport Business 10.Sister Cities 11.Multi Media 1.Human Services Funding 2.Public Wellness 3.Domestic Violence 4.Homeless Services 5.Affordable Housing 6.Community Services 7.Human Resources 8.Medical Community Relations 1.City Budget & Amendments 2.Risk Management 3.Equipment Rental 4.Facilities 5.City Real Property 6.Legal 7.Development Incentives 8.Business Development 9.Economic Development Strategies SPECIAL FOCUS AREAS 2DI.G Page 88 of 105 31 Public Works & Comm Devlp Municipal Services Health & Human Services Finance & Econ Devlp 30 2017 5th Monday 3 3DI.G Page 89 of 105 www.Yourcompany.co m4 1st Monday •No changes •Approximately 24 meetings per year •Mayor chairs the meeting Regular Council Meeting I.CALL TO ORDER I.Pledge of Allegiance II.Roll Call II.ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS III.APPOINTMENTS IV.AGENDA MONDIFICATINS V.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE VI.COUNCIL AD HOC COMMITTEE REPORTS VII.CONSENT AGENDA I.Minutes II.Claims Vouchers III.Payroll Vouchers VIII.UNFINISHED BUSINESS IX.NEW BUSINESS X.ORDINANCES XI.RESOLUTIONS XII.MAYOR AND COUNCILMEMBER REPORTS I.From the Council II.From the Mayor XIII.ADJOURENMENT 4DI.G Page 90 of 105 www.Yourcompany.co m5 2nd Monday First part is identical to current practice (Includes General Topics) •Any topic may be placed on agenda •Chaired by Deputy Mayor Special Focus Area Discussion •Four Special Focus Areas •Each SFA chaired by appointed councilmember Matrix (Covers All Focus Areas &General Topics) •Chair re-assumed by Deputy Mayor •All items,projects,topics,etc.for future dates reviewed New Business •Primarily for the presentation and debate of future study Session Topics •With consensus,Mayor &Deputy Mayor meet to place topic on a future agenda Study Session w/ Special Focus Area I.CALL TO ORDER I.Roll Call II.ANNOUNCEMENTS, REPORTS AND PRESENTATIONS III.AGENDA ITEMS FOR DISCUSION I.Topic A II.Topic B III.Etcetera IV.PW & CD Discussion Items I.Topic A II.Topic B III.Etcetera V.MATRIX VI.NEW BUSINESS VII.ADJORNMENT 5DI.G Page 91 of 105 www.Yourcompany.co m6 3rd Monday •No changes •Approximately 24 meetings per year •Mayor chairs the meeting Regular Council Meeting I.CALL TO ORDER I.Pledge of Allegiance II.Roll Call II.ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS III.APPOINTMENTS IV.AGENDA MONDIFICATINS V.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE VI.COUNCIL AD HOC COMMITTEE REPORTS VII.CONSENT AGENDA I.Minutes II.Claims Vouchers III.Payroll Vouchers VIII.UNFINISHED BUSINESS IX.NEW BUSINESS X.ORDINANCES XI.RESOLUTIONS XII.MAYOR AND COUNCILMEMBER REPORTS I.From the Council II.From the Mayor XIII.ADJOURENMENT 6DI.G Page 92 of 105 www.Yourcompany.co m7 4th Monday First part is identical to current practice (Includes General Topics) •Any topic may be placed on agenda •Chaired by Deputy Mayor Special Focus Area Discussion •Four Special Focus Areas •Each SFA chaired by appointed councilmember Matrix (Covers All Focus Areas &General Topics) •Chair re-assumed by Deputy Mayor •All items,projects,topics,etc.for future dates reviewed New Business •Primarily for the presentation and debate of future study Session Topics •With consensus,Mayor &Deputy Mayor meet to place topic on a future agenda Study Session w/ Special Focus Area I.CALL TO ORDER I.Roll Call II.ANNOUNCEMENTS, REPORTS AND PRESENTATIONS III.AGENDA ITEMS FOR DISCUSION I.Topic A II.Topic B III.Etcetera IV.MUNI SERVICES Discussion Items I.Topic A II.Topic B III.Etcetera V.MATRIX VI.NEW BUSINESS VII.ADJORNMENT 7DI.G Page 93 of 105 www.Yourcompany.co m8 5th Monday Study Session format •Chaired by Deputy Mayor •In 2017,January,May,July and October have five (5)Mondays •Optional:Up to four extra Study Sessions per year •Primary Focus Areas are Council Rules of Procedures and Operating Arrangements •However,any topic may be on the agenda Matrix (All Focus Areas &General Topics) •All items,projects,topics,etc.for future dates reviewed New Business •Primarily for the Presentation of Future Study Session Topics •After Consensus,Mayor &Deputy to place topic on future agenda Study Session (Extra and Optional) I.CALL TO ORDER I.Roll Call II.ANNOUNCEMENTS, REPORTS AND PRESENTATIONS III.AGENDA ITEMS FOR DISCUSION I.Operating Arrangements II.Council Rules of Procedures III.Other topics as needed IV.MATRIX V.NEW BUSINESS VI.ADJOURNMENT 8DI.G Page 94 of 105 www.Yourcompany.co m9 1st Monday •No changes •Approximately 24 meetings per year •Mayor chairs the meeting Regular Council Meeting I.CALL TO ORDER I.Pledge of Allegiance II.Roll Call II.ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS III.APPOINTMENTS IV.AGENDA MONDIFICATINS V.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE VI.COUNCIL AD HOC COMMITTEE REPORTS VII.CONSENT AGENDA I.Minutes II.Claims Vouchers III.Payroll Vouchers VIII.UNFINISHED BUSINESS IX.NEW BUSINESS X.ORDINANCES XI.RESOLUTIONS XII.MAYOR AND COUNCILMEMBER REPORTS I.From the Council II.From the Mayor XIII.ADJOURENMENT 9 DI.G Page 95 of 105 www.Yourcompany.co m10 2nd Monday First part is identical to current practice (Includes General Topics) •Any topic may be placed on agenda •Chaired by Deputy Mayor Special Focus Area Discussion •Four Special Focus Areas •Each SFA chaired by appointed councilmember Matrix (Covers All Focus Areas &General Topics) •Chair re-assumed by Deputy Mayor •All items,projects,topics,etc.for future dates reviewed New Business •Primarily for the presentation and debate of future study Session Topics •With consensus,Mayor &Deputy Mayor meet to place topic on a future agenda Study Session w/ Special Focus Area I.CALL TO ORDER I.Roll Call II.ANNOUNCEMENTS, REPORTS AND PRESENTATIONS III.AGENDA ITEMS FOR DISCUSION I.Topic A II.Topic B III.Etcetera IV.HEALTH & HUMAN SERVICES Discussion Items I.Topic A II.Topic B III.Etcetera V.MATRIX VI.NEW BUSINESS VII.ADJORNMENT 10DI.G Page 96 of 105 www.Yourcompany.co m11 3rd Monday •No changes •Approximately 24 meetings per year •Mayor chairs the meeting Regular Council Meeting I.CALL TO ORDER I.Pledge of Allegiance II.Roll Call II.ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS III.APPOINTMENTS IV.AGENDA MONDIFICATINS V.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE VI.COUNCIL AD HOC COMMITTEE REPORTS VII.CONSENT AGENDA I.Minutes II.Claims Vouchers III.Payroll Vouchers VIII.UNFINISHED BUSINESS IX.NEW BUSINESS X.ORDINANCES XI.RESOLUTIONS XII.MAYOR AND COUNCILMEMBER REPORTS I.From the Council II.From the Mayor XIII.ADJOURENMENT 11 DI.G Page 97 of 105 www.Yourcompany.co m12 4th Monday First part is identical to current practice (Includes General Topics) •Any topic may be placed on agenda •Chaired by Deputy Mayor Special Focus Area Discussion •Four Special Focus Areas •Each SFA chaired by appointed councilmember Matrix (Covers All Focus Areas &General Topics) •Chair re-assumed by Deputy Mayor •All items,projects,topics,etc.for future dates reviewed New Business •Primarily for the presentation and debate of future study Session Topics •With consensus,Mayor &Deputy Mayor meet to place topic on a future agenda Study Session w/ Special Focus Area I.CALL TO ORDER I.Roll Call II.ANNOUNCEMENTS, REPORTS AND PRESENTATIONS III.AGENDA ITEMS FOR DISCUSION I.Topic A II.Topic B III.Etcetera IV.FINANCE & ECON DEVLP Discussion Items I.Topic A II.Topic B III.Etcetera V.MATRIX VI.NEW BUSINESS VII.ADJORNMENT 12 DI.G Page 98 of 105 MATRIX NO.TOPIC STAFF LEAD(S) STUDY SESSION REVIEW DATE(S) COUNCIL DISSCUSION SUMMARY ACTION DATE (if applicable) 1 General N. Backus 11/12/2017 2 Zoning J. Tate 12/12/2018 This block can expand to as large as is needed. Not much detail is needed here just a few words to give an idea on council concearns. 3 SCORE Jail B. Lee 4 Human Resources R. Roscoe This block can expand to as large as is needed. Not much detail is needed here just a few words to give an idea on council concearns. 5 2nd Quarter Budget Amendment S. Coleman 6 General D Hinman Special Focus Area Color Coded PW & CD Muni Services Health & Human Services Finance & Econ Devlp 13DI.G Page 99 of 105 www.Yourcompany.co m14 NOTES 1.The Council does not vote on items during a Study Session.The Deputy Mayor or the Chair of a Focus Area will look for “consensus”before directing an agenda item be placed on the MATRIX. Consensus shall mean a collective position of the Council where a majority can support or “live with”the item or proposed discussion.Consensus of the body will be gauged by the Chair. No Voting At Study Session 2.Study Sessions should be held in Council Chambers and should be televised. In Chambers and Televised 3.The Deputy Mayor presides over the Study Session,except during times when a topic of a “Special Focus Area” is before the council.Such discussion will be lead by the chair of that Special Focus Area. Deputy Mayor Presides Except Special Focus Area Portions 14 DI.G Page 100 of 105 www.Yourcompany.co m15 NOTES 4.Again,the Council does not vote on items during a Study Session.The Chair of the Focus Area will look for “consensus” before directing an agenda item be placed on the MATRIX Chair of Focus Area Seeks Consensus 5.When the Chair of the Focus Area determines their agenda items have been sufficiently addressed,they will return control of the Study Session to the Deputy Mayor.The Deputy Mayor will then proceed with Matrix and New Business agenda Items. 11 Returning Control to Deputy Mayor 15 DI.G Page 101 of 105 www.Yourcompany.co m16 NOTES 6.Agenda topics for future Study Sessions may be proposed by any Council Member under New Business.If there is sufficient interest by the Council and/or Mayor,the Deputy Mayor and Mayor will meet to place that topic on the matrix for a future Study Session. 7.At Council discretion,production and delivery of a “white paper”in lieu of a future agenda item may be considered. New Businesses 8.The position of Deputy Mayor is determined by full Council in a regular scheduled Council Meeting.These positions will be for a one year term. Generally,terms shall run January through December. Determining Deputy Mayor 16DI.G Page 102 of 105 www.Yourcompany.co m17 NOTES 9.The positions of Focus Area Chair and Vice -Chair are determined by full Council in a Study Session.A member wishing to serve as a Focus Area Chair should volunteer.If more than one individual seeks the same position,consensus of the body will be gauged by the Deputy Mayor.Focus Area Chairs and Vice - Chairs will be for a one year term. Generally,terms shall run January through December. Determining Focus Area Chairs & Vice Chairs 17DI.G Page 103 of 105 NOTES Ad Hoc Committees 10.Ad Hoc Committees and its members, may be appointed at either a Scheduled Council meeting by vote or a Study Session by consensus. Ad Hoc committees shall serve for a stated period of time. No More Than Three 11.No more than three council Members may serve on an Ad Hoc Committee. Short Term Ad Hoc Committees 12.Short term Ad Hoc Committees may be formed for any stated purpose, issue or topic. For example: Focus Area Chairs may be delegated to form a short term Ad Hoc committee to determine topic responsibility on upcoming matters. 18DI.G Page 104 of 105 POSSIBLE IMPLEMENTATION DATES •January 9th Study Session –Review Ad Hoc Committee Recommendations & offer modifications. •January 23rd Study Session –Consent to adopt the proposed Hybrid Study Session Format. If consensus is reached, assign to LEGAL to prepare a Resolution. Then, seek volunteers for and adopt by consensus Focus Area Chairs & Vice-Chairs. •February 13th Study Session –Review resolution prepared by legal and reach a consensus to proceed to a vote at a Regular Council Meeting. •February 21st Regular Council Meeting –Vote to Approve or Disapprove. •March 13th Study Session –If approved on Feb. 21st, begin using the new Hybrid Study Session format. Begin with Health & Human Services Focus Area.19DI.G Page 105 of 105