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HomeMy WebLinkAbout2854 1 1 RESOLUTION NO 2 8 5 4 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY 4 OF AUBURN TO EXECUTE A CONTRACT WITH THE AUBURN DOWNTOWN 5 ASSOCIATION, A NON-PROFIT ORGANIZATION, TO ADMINISTER THE OPERATION OF THE BUSINESS IMPROVEMENT AREA 6 WHEREAS, City of Auburn Ordinance No 4686 approved June 7 8 21, 1994 , ratified and confirmed Ordinance No 4293 ; and 9 WHEREAS, City of Auburn Ordinance No 4293 approved July 10 5, 1988 , established the Auburn Central Business District 11 Parking and Business Improvement Area; and 12 WHEREAS, Section 4 of Ordinance No 4293 provides that 13 14 the City shall enter into a contract with the Auburn Chamber 15 of Commerce or similar business association to administer the 16 operation of the ADA; and 17 WHEREAS, the City desires to enter into a new agreement 18 19 with the Auburn Downtown Association to provide for ADA 20 administration for the next year; 21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 22 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 23 RESOLVES AS FOLLOWS 24 25 Section 1 The Mayor and City Clerk of the City of 26 Auburn, Washington, are herewith authorized to execute a Resolution No 2854 July 9, 1997 Page 1 1 contract with the Auburn Downtown Association to administer 2 the operation of the Auburn Central Business District Parking 3 4 and Business Improvement Area, the term of the contract from 5 July 7, 1997 through June 30 , 1998 The Agreement is 6 attached, designated Exhibit "A" and incorporated by reference in this Resolution 8 Section 2 The Mayor is hereby authorized to implement 9 10 such administrative procedures as may be necessary to carry 11 out the directives of this legislation 12 DATED and SIGNED this 21st day of July, 1997 13 CITY OF AUBURN 14 15 VarIcc. 16 CHARLES A BOOTH MAYOR 17 ATTEST 19 161,(77ft-43S 20 Robin Wohlhueter, City Clerk 21 22 APPROVED AS TO FORM 23 A 24 Michael J Reynolds, 25 City Attorney 26 Resolution No 2854 July 9, 1997 Page 2 a 1 OP:17 . d AGENCY SERVICE AGREEMENT 2 3 THIS AGREEMENT is made and entered into this 741:4; day of 4 July, 1997, by and between the CITY OF AUBURN, a municipal corporation in the State of Washington, herein referred to as 5 "CITY" and the AUBURN DOWNTOWN ASSOCIATION, a non-profit organization organized under the laws of the State of 6 Washington, whose address is 10 "B" Street N E , Auburn, Washington, herein referred to as "AGENCY " 7 8 WHEREAS, the CITY desires to have certain services performed by the AGENCY in administering the operation of the 9 Auburn Business Improvement Area; and 10 WHEREAS, the AGENCY has the ability and resources to provide such services to the CITY as set forth herein; 11 NOW, THEREFORE, in consideration of the mutual covenants 12 contained herein, the parties agree as follows 13 14 1 PURPOSE 15 The purpose of this Agreement is to allow the AGENCY to administer the operation of a business improvement area and 16 the funds derived thereto pursuant to the authority in RCW 35 87A 110 The AGENCY fully agrees and understands that , 17 pursuant to the requirements of the statute, the AGENCY must comply with all applicable provisions of law included in 18 Chapter 35 87A RCW and with all County and City resolutions, ordinances and regulations and other statutes and regulations 19 lawfully imposed by the State Auditor or other State agencies and relating to such administration 20 2 SCOPE OF SERVICES 21 The AGENCY shall administer the operation of the 22 following services and/or projects which come under the scope of one or more of the following categories relating to the 23 City of Auburn Business Improvement Area 24 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 1 July 15, 1997 1 Business retention and recruitment 2 Marketing to encourage people to use shops and 3 services in the Central Business District 4 Special events and promotions 5 Improving the security and maintenance of the pedestrian environment 6 Enhancing the aesthetic appearance of the Central 7 Business District 8 Organizational activities, including the coordination of volunteers and committees 9 10 In carrying out either the general or specific activities 11 and categories enumerated above, the AGENCY agrees to secure all necessary permits and approvals and abide by all 12 applicable State and local laws 13 3 COMMITTEE OF RATE PAYERS 14 The CITY shall be responsible for appointing a Business Improvement Area Advisory Committee of Ratepayers which shall 15 be structured and comprised as provided by City ordinance establishing the Business Improvement Area (BIA) The 16 Committee of Ratepayers shall approve the annual report and budget and be responsible for providing guidance for managing 17 agency programs and activities 18 The BIA Committee of Ratepayers will meet periodically throughout the year to keep informed of the activities and 19 services provided by the agency The Committee will determine 20 the frequency of meetings, based on need Agency Board members and staff will keep the Committee updated on events and 21 proposed directions of the program, and will provide the 22 Committee with monthly financial statements and ADA Board of Directors minutes 23 24 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 2 July 15, 1997 1 The AGENCY and BIA Committee of Ratepayers will solicit 2 volunteers to serve on the Committee of Ratepayers as vacancies arise The names of these potential Committee 3 members will be forwarded to the Mayor for review and 4 approval 5 4 . PROGRAM REPORTING 6 A written annual report shall be submitted on or before 7 June 1st of each year to the City Planning Director and shall include the progress made to date, the accomplishment of or 8 justification for the lack of accomplishment of goals and time tables set forth in this Agreement , and a monthly accounting 9 budget and expenditure statement by line item identifying the expenditures, encumbrances and balances remaining The report 10 shall identify all problems, accomplishments or other activities influencing or resulting from the program 11 5. TERM 12 The term of this Agreement shay7�1,�)\ be effective from 13 Il(gr eme , 1997 thbe rer dal , 1998 This gr ement is intended to be re e annually, unless the CITY 14 or the AGENCY gives three (3) months notice that it does not intend to renew the Agreement 15 16 6 City Responsibilities 17 The City Finance Department will perform all assessment billing and collection activities, unless otherwise agreed 18 upon in writing Ratepayers are given the choice of paying 19 their assessments in either annual or semi-annual payments Annual assessments are due on July 1st and semi-annual 20 assessments are due July 1st and December 30th Billings will be sent out approximately 6 weeks prior to the due dates 21 22 Reminder notices for nonpayment will be sent out monthly, and interest and penalties applied as allowed by Ordinance 4293 , 23 which established the BIA If nonpayment by an individual business continues for more than three months then such 24 payments shall be collectible at the discretion of the CITY 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 3 July 15, 1997 1 Any costs associated with collection of the account may be 2 deducted from the funds collected 3 7 METHOD OF PAYMENT 4 The AGENCY shall submit a properly executed invoice and accompanying work statement twice each month, not less than 5 twelve days prior to City Council meetings, together with all reporting data required under Section 7 of this agreement 6 The City will initiate authorization for payment after receipt and approval of such invoice and work statements and will make 7 payment directly to the AGENCY the day following each council meeting 8 9 The AGENCY shall direct invoices to the City of Auburn Finance Department, to the attention of the Finance Director, 10 and bearing the agreement number 11 All reimbursement requests shall be broken down by expenditure classification 12 The parties agree and understand that the CITY reserves 13 the right to withhold payments pending timely delivery of program reports or documentation as required under this 14 Agreement 15 8 . FINANCIAL REPORTING REQUIREMENTS 16 All costs shall be supported by properly executed 17 payrolls, time records, invoices, vouchers or other official documentation as evidenced of the nature and propriety of the 18 charges All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily 19 accessible The AGENCY shall also 20 Maintain an effective system of internal control over and accountability for all funds and property supplied and 21 make sure that the same are used solely for the authorized purposes provided under this Agreement 22 23 Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items 24 purchased and line item from which money was expended, as reflected in the AGENCY' S accounting records The line 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 4 July 15, 1997 1 item notations must be substantiated by a receipt, or 2 invoice marked "paid, " or payroll record 3 Record and provide to the City information regarding new businesses operating within the Business Improvement 4 Area, changes in ownership of existing businesses, and businesses moving out of the BIA The City will use this 5 information to conduct all billing of BIA assessments 6 Maintain payroll and financial and accounting records for a period of four (4) years after receipt of final payment 7 under the Agreement 8 Permit reasonable inspection and audit of its records and books with respect to all matters authorized by this 9 Agreement by representatives of the CITY, the United States and the State Auditor, and at any time during 10 normal business hours for a period of up to four (4) years from and after the final expiration date of this 11 Agreement 12 Further, all financial records and fiscal control systems will be established and maintained in a manner to meet 13 the approval of the CITY Finance Director and the State Auditor; records and reports submitted and accounting 14 procedures shall be satisfactory to meet the approval of the CITY Finance Director and the Director of the 15 Planning Department 16 9 DISCRIMINATION 17 The AGENCY will not discriminate against any employee or 18 applicant for employment because of race, religion, creed, color, sex, marital status, sexual orientation, political 19 ideology, ancestry, national origin or the presence of any sensory, mental or physical handicap, unless based upon a bona 20 fide occupational qualification The AGENCY will take affirmative action to ensure that applicants are employed, and 21 that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, 22 or the presence of any sensory, mental or physical handicap Such action shall include, but not be limited to, the 23 following 24 Employment, upgrading, demotion, or transfer recruitment or recruitment advertising, layoff or termination, rates of 25 pay or other forms of compensation, and selection for 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" {cont9798) Page 5 July 15, 1997 1 training, including apprenticeship The AGENCY agrees to post 2 in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting 3 forth the provisions of this nondiscrimination clause 4 10 INDEMNIFICATION/INSURANCE 5 The AGENCY shall indemnify, defend and hold the CITY and its officers, agents and employees acting in the official 6 capacity or course of employment, harmless from any and all suits, claims or liabilities of any nature, including costs, 7 attorneys fees and expenses, for and on account of injuries or damages sustained by any persons or property resulting from 8 any act, omission or negligence of the AGENCY, its agents or employees pursuant to this Agreement or on account of any 9 unpaid wages or other remuneration for services; and if a suit be filed, the AGENCY shall appear and defend the same at its 10 cost and expense, and if judgment be rendered or settlement made requiring payment by the CITY, the AGENCY shall satisfy 11 and pay the same The AGENCY is expected to be in compliance with all applicable State, Federal and City laws and 12 regulations 13 The AGENCY shall maintain at all times a policy of a general comprehensive liability insurance policy naming the 14 CITY as an additional insured, protecting and holding the CITY harmless from any and all damages which may arise in 15 connection with the services to be provided by the AGENCY under this Agreement, and in the minimum combined single limit 16 amount of One Million Dollars for each occurrence, personal injury and/or property damage liability The AGENCY will also 17 insure all equipment purchased under this agreement against loss or theft in such amounts equal to the value of the 18 property Such insurance shall include the City of Auburn as an additional named insured The insurance policies required 19 herein shall not be reduced, cancelled, or in any way modified without thirty (30) days written prior notice to the CITY 20 The AGENCY agrees to provide certificates of insurance for each of the policies required herein prior to commencing 21 performance under the terms of this Agreement The certificates shall comply with the requirements of this 22 provision The AGENCY and the CITY mutually waive subrogation rights to the extent permitted by law and/or by their 23 respective insurance coverages 24 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 6 July 15, 1997 1 11 CONFIDENTIALITY 2 Any reports, information, data, etc given to or prepared 3 or assembled by the AGENCY under this Agreement, the disclosure of which may be in violation of applicable laws or 4 privacy interests, shall not be made available to any individual or organization by the AGENCY without the prior 5 written approval of the Planning Department of the City of Auburn 6 12 CONFLICT OF INTEREST 7 No member, officer or employee of the City of Auburn or 8 its designee or agents, nor member of the Auburn City Council or any other public official of the CITY who exercises any 9 functions or responsibilities with respect to the programs affected by this Agreement, shall have any financial interest, 10 direct or indirect in any contract or subcontract or the proceeds thereof for work to be performed in connection with 11 such programs; nor shall that person for one (1) year after completion of this Agreement have any financial interest with 12 the AGENCY or any subcontractor of the Agreement 13 13 . ASSIGNMENT 14 This Agreement shall not be assigned or the duties and 15 responsibilities hereunder shall not be delegated or subcontracted to any other person without the prior written 16 consent of the other party 17 14 . TERMINATION OF AGREEMENT BY CITY FOR CAUSE 18 If through any cause the AGENCY shall fail to fulfill in a timely and proper manner their obligations under this 19 Agreement, or if the AGENCY shall violate any of the covenants, conditions or stipulations of this Agreement, the 20 City shall give written notice to the AGENCY specifying such default If the AGENCY cannot cure the default or the default 21 shall continue for a period of thirty (30) days after the CITY' s written notice, the CITY shall thereupon have the right 22 to terminate this Agreement by giving written notice to the AGENCY of such termination and specifying the effective date 23 thereof at least five (5) days before the effective date such termination In the event of termination, all finished or 24 unfinished documents, data, studies, records and reports prepared by the AGENCY under this Agreement shall , at the 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 7 July 15, 1997 1 option of the CITY, become the property of the CITY and the 2 AGENCY shall be entitled to receive payment for any satisfactory work completed, such determination to be made by 3 the CITY 4 Notwithstanding the above, the AGENCY shall not be relieved of liability to the CITY for damages sustained by the 5 CITY by virtue of any breach of the Agreement by the AGENCY and the CITY may withhold any payments to the AGENCY for 6 reimbursement of expenses for the purposes of setoff until such time as the exact amount of damages due to the CITY from 7 the AGENCY is determined The AGENCY will remit any unexpended balance of the payments on account under this g Agreement as well as such other portion of such payments previously received to the CITY The action of the CITY in g accepting any such amount shall not constitute a waiver of any claim which the CITY may otherwise have arising out of this 10 Agreement 11 15 . REPAYMENT 12 In the event the termination is due to misappropriation of funds or fiscal mismanagement, the AGENCY shall return to 13 the CITY all misappropriated funds which, at the time of termination, have been paid to the AGENCY by the CITY 14 15 16 . RESERVATION OF RIGHTS Neither payment by the CITY nor performance by the AGENCY 16 shall be construed as a waiver of either party' s right or remedies against the other 17 Failure to require full and timely performance of any 1£1 provision at any time shall not waive or reduce the right to insist upon complete and timely performance of such provision 19 thereafter 20 17 TERMINATION FOR CONVENIENCE OF THE CITY 21 The CITY may terminate this Agreement at any time by a notice in writing from the CITY to the AGENCY at least three 22 (3) months prior to the effective date of termination specified in the written notice If the Agreement is 23 terminated by the CITY as provided herein, the AGENCY will be entitled to payment as defined and limited by the terms of 24 this Agreement This termination provision shall not apply if the Agreement is terminated due to the fault of the AGENCY in 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 8 July 15, 1997 1 which case the terms of Section 13 of this Agreement shall 2 apply 3 18 TERMINATION BY AGENCY FOR CAUSE 4 This Agreement may be terminated by the AGENCY upon five (5) days written notice should the CITY fail substantially to 5 perform in accordance with the terms of the Agreement through no fault of the AGENCY In the event of termination due to 6 the fault of the CITY, the AGENCY shall be entitled to payment as defined and limited under the terms of this Agreement, for 7 services performed to the termination 8 19 TERMINATION FOR CONVENIENCE OF THE AGENCY 9 The AGENCY may terminate this Agreement at any time by a 10 notice in writing from the AGENCY to the CITY at least three (3) months prior to the effective date of termination 11 specified in the written notice If the Agreement is terminated by the AGENCY as provided herein, the CITY will be 12 reimbursed only for its expenses as defined and limited by the terms of this Agreement This termination provision shall not 13 apply if the Agreement is terminated due to the fault of the CITY in which case the terms of Section 17 of this Agreement 14 shall apply 15 20 QUALITY OF PERFORMANCE 16 The CITY shall judge the adequacy, efficiency and quality of the work performed by the AGENCY including the sufficiency 17 of records in the end product of services rendered If during the course of the Agreement, the services rendered do not meet 18 the desired results, the AGENCY will correct, modify, remodel and/or repeat the process as directed by the CITY 19 Failure to make the necessary corrections as noted 20 by the CITY shall be a material breach of the Agreement and shall be cause for termination 21 22 21 MODIFICATIONS 23 Either party may request changes or modifications in the scope of services, performance or reporting standards to be 24 performed or provided under this Agreement Such modifications shall be allowed only if they are mutually 25 agreed to by and between the AGENCY and the CITY and reduced 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" {cont9798) Page 9 July 15, 1997 1 to writing, approved by the proper authorities, and 2 incorporated in written amendments to this Agreement 3 22 BID COMPLIANCE 4 The parties agree and understand that RCW 35 87A 200 requires that bids are required and must be called for by the 5 business improvement area whenever the estimated cost of a public work or improvement including the costs of materials, 6 supplies and equipment exceeds the sum of Two Thousand Five Hundred Dollars ($2 , 500 00) 7 23 . NOTICES 8 Written notices, requests, grievances or adjustments to 9 the CITY shall be directed to 10 Planning Director 11 City of Auburn 25 West Main 12 Auburn, WA 98001 13 Written notices, requests, grievances or adjustments to the AGENCY shall be directed to 14 Executive Director 15 Auburn Downtown Association 10 B Street N E 16 Auburn, WA 98002 17 Either party receiving a complaint must forward a copy to the other party within 15 days 18 19 24 . ENTIRE AGREEMENT 20 This Agreement contains the entire agreement between the parties and no statement, promises or inducements made by any 21 party or agent of any party that is not contained in this written Agreement shall be valid or binding and this contract 22 may not be enlarged, modified or altered except in writing signed by the official parties hereto 23 24 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 10 July 15, 1997 1 CITY OF AUBURN 2 3 ff 11) acWQ CHARLES A BOOTH 5 MAYOR ATTEST 6 8 Robin Wohlhueter, City Clerk 9 10 11 APPROVED AS TO FORM 12 /� 13 14 Michael J Reyno s, City Attorney 15 AUBURN DOWNTOWN ASSOCIATION 16 17 BY A s 18 / 19 20 TITLE KeSt its. / J 21 22 BY 23 24 TITLE 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 11 July 15, 1997 1 STATE OF WASHINGTON ) 2 ) ss COUNTY OF KING 3 4 On this day of Akf�t/G/7-- , 1997, before 5 me, the undersigned, a Notary Public in and for the State of 6 Washington, personally appeared AAA/ K. ,L////e/ 7 and , to me known to be the 8 iii&tarili and of AUBURN DOWNTOWN 9 10 ASSOCIATION, the non-profit corporation that executed the 11 within and foregoing instrument, and acknowledged said 12 instrument to be the free and voluntary act and deed of said 13 non-profit corporation for the uses and purposes therein 14 mentioned, and on oath stated that they are authorized to 15 16 execute said instrument on behalf of said non-profit 17 corporation 18 IN WITNESS WHEREOF, I have hereunto set my hand and 19 affixed my official seal the � � � date heLreinabove set forth /A N'� ■ TERR% L. FRFgE 22 NOW? 5 NOTARY PUBLIC in and for tjie State of $* I •■—■ * Washington, residing in L_fU/` 2 23 �t rf00 4� MY COMMISSION expires'_,Avy ✓�. /� 24 ...._ 25 26 ADA CONTRACT 1997-98 Resolution No 2854 Exhibit "A" (cont9798) Page 12 July 15, 1997 iira Minutes of the August 12, 1997 ADA Board of Directors Meeting Attendees: Alan Keimig, Don Gardner, Pat Cavanaugh, Bob West, Sharon Dougherty-Smith, Bob Klontz, John Raeder, Tom Helm, Audrey Pitre and Mary Whitener Staff: Joanne Van Duerzen Ex-Offico: B Sanders Approval of Minutes: The minutes from July were approved. Moved by Pat, seconded by Audrey Passed unanimously Board Secretary Alan stated Sharon Dougherty-Smith was nominated to the position of Secretary of the Executive Board. Moved by Bob West, seconded by Don. Passed unanimously Budget Report: Audrey reported the city was in receipt of the second year's installment of the SuperMall funds. Alan stated he believed the amount for the second year is$32,200 Audrey also reported the BIA Cash Position Statement was incorrect; corrections will be reflected in next month s statement. Committee Reports: Design: B reported Times& Seasons and Don Rottle(owner of the old Wagner's Hobby Shop building)applied for the Matching Grant Program. Economic Restructuring: Alan reported the committee had reviewed the recruitment package draft,made changes and resubmitted the materials for the last process before final review and publication. The piece is exciting and should prove to be very useful. Promotions: Downtown Auburn Street Fair Tom reported the Street Fair was a very exciting, well attended event. After some discussion Tom stated there will be a debriefing meeting on Tuesday August 19th at 8:30 a.m. at the Rainbow Cafe to discuss what worked and what changes may be made for next year. The quality of the newspaper article was discussed and Alan stated the ADA office should be open during the Street Fair to let people know who we arc. Good OP Days: Joanne reported the Good OP Days Trivia Contest will include 12 businesses on a punch card. Each business will post a historical trivia question in their window Participants will go into each business to find the answer and get their card punched. A drawing of the participants who visited all 12 businesses will be held,and the winner will receive a$200 downtown gift certificate. Don stated the promotions activity should be open to the general membership. This was supported by members of the board. Crime & Safety- No report. Manager's Report: Replacement: Sharon reported the Executive Committee met last week to discuss how to find a new Executive Director. Since newspaper advertising is so expensive, we may try to put ads in university newspapers. Susan Kempf of Washington State Downtown Revitalization Services gave some input via fax and ajob description and duties were discussed. Since the Chamber is also looking for a Program Director,they have offered the use of resumes from the rejected candidates for ADA use. John Raeder stated the Chamber will share information with the ADA on any applicants they do not choose. Enumclaw Presentation: Don stated Enumclaw was inquiring about how to form a downtown association. Alan, JB, Don and Lynn Norman gave a presentation in Enumclaw One member of the Enumclaw committee did a survey as to what merchants needed, as well as their concerns and priorities and the results reflected the same issues the BIA of Auburn had in its formation. t � City Report: B reported that the city would be participating in an upcoming trade show and suggested an ADA gift basket for the conference. She is to get more information on this item and report back. She also reported the city kicked off the downtown plan with new consultants. The comprehensive plan revisions are up for approval in December The responsibility of sidewalk cleaning was discussed since a number of businesses have expressed interest in getting the sidewalks cleaned. Tom was encouraged to contact Ken Nelson to see what the status of Ken's son was to the process. Chamber Report: John reported there will be a Chamber Retreat at Ocean Shores in September He also reported the Chamber is following up on the amphitheater The EPA is now involved and Citizens for a Safe Environment want an environmental impact statement done. The Chamber will take a position after they complete a survey of the membership. Previous Business: Agency Service Agreement: Alan reported the changes we requested(change"shall"to"may')were made. The board reviewed the agreement and there was a motion to approve it as written and instruct the ADA president to sign the document and return it to the city Moved by Bob West, seconded by Don. Passed unanimously SuperMall Funds: Alan reported the check for the second year's payment was received and deposited into the city s account for the ADA. A budget needed to be constructed for the funds. Bob West reported that Stan Tabb indicated he was left out of ADA information and its receipt and not apprised of ADA programs or activities. Membership: Alan stated the Friends of Downtown Program needs to be pursued with earnest this year New Business: Reception: Alan stated the reception for Kris will be postponed until after Labor Day due to scheduling conflicts. Peggy Maliarov of Homespun Elegance and JB Douglas of Auburn Ave. Theater are planning the reception. Board Retreat: Alan reminded the board the retreat will be held in late September. Housekeeping: Intern: Joanne thankcd everyone for the opportunity to work with the Auburn Downtown Association. Announcement: Next meeting, Tuesday September 9th, Rainbow Café. THE KEIMIG ASSOCIATES ARCHITECTS-PLANNERS 216 A STREET NW, AUBURN, WA 98001 (253) 939-3232 FAX (253) 735-1309 August 12, 1997 Charles A. Booth Mayor AU8 12 Ml City of Auburn 25 West Main Street CITY or AU8URsJ Auburn,WA 98001 CITY CLERKS OFFICE Dear Mr Booth, The Auburn Downtown Association at its regularly scheduled Board Meeting this day by majority approved acceptance of the Agency Service Agreement between the ADA and the City of Auburn for the administration of the BIA program effective from July 7, 1997 to June 30, 1998. Pursuit to the Board's approval I have affixed my signature as President. Included is a signed and notarized copy of the finalized Agreement. Sincer Man C. Keimig ADA President a:'ada\presiden doc RECORDS MANAGEMENT Ordinance No Resolution No ,-) ISV Date Adopted 7-2/-97 Copies to. /J 1 ) Department Contact(s): \Lea Jo . 7 Finance Department gf Ij t,% >i ; (Copy if relates to fees, c ges, or any acco nting r5 • 2.) Code Book: 3 ) Recording File: 4 ) Citizen Requests. NAME Address cc: City Clerk OFFICE OF THE CITY .MAYOR itt. k t CITY ADMINISTRATION Oz��� i�*.� 25 West Main, Auburn, WA 98001 Charles A. Booth, Mayor W_� >wWlti`11. (206) 931-3041 Fax: (206)931-3053 July 30, 1997 Mr Alan Keimig, President Auburn Downtown Association 10 "B" Street NE Auburn WA 98002 Dear Mr Keimig: The City of Auburn is pleased to inform you of action taken at the July 21, 1997 City Council meeting With the adoption of Resolution No. 2854, the Auburn City Council authorized the execution of a contract with the Auburn Downtown Association to administer the operation of the Auburn Central Business District Parking and Business Improvement Area through June 30, 1998 Enclosed are two original Agency Service Agreements that have been signed by the City of Auburn and now require your signature to finalize the Agreement on behalf of the Auburn Downtown Association. Please return one original Agreement to the City Clerk's Office and retain one original Agreement for your records. Also provided is a copy of Resolution No 2854 Please contact Bea Sanders, Associate Planner at 804-5031, if you have any questions or comments. We look forward to working with you as Auburn continues to develop as a regional destination area. Sincerely, (� ,'motj Charles A. Booth Mayor Enclosures cc: Bea Sanders, Associate Planner File Al 10 f:\clerk\co nt\RE 52854 AICUI.u. CERTIFICATE. -OF. INSURANCE ', a��oM,BDDYY, PRODUCER THIS CERTIFICATE IS ISSU ++ A�TTER OF INFORMATION BELL-ANDERSON AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 724 WEST SMITH :ST HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 'AFFORDED BY THE POLICES BELOW. PO BOX 887 COMPANIES AFFORDING COVERAGE KENT WA 98035-0887 COMPANY A AMERICAN STATES INS. INSURED COMPANY AUBURN DOWNTOWN ASSOCIATION B COMPANY 10 B ST NE C AUBURN WA 98002 COMPANY I D . QVERpGE$ - THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �� TYPE OF INSURANCE POLICY NUMBER PODGY EFFECTIVE POLICY EXPIRA710N DATE(MWDONY) DATE IMM/DDITY) LWfiB GENFBA, LIABLJTY 01CD632753 7/05/96 7/05/97 GENERAL AGGREGATE i1, 000 , 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP,OP AGG il, 000, 000 CLAIMS MADE X OCCUR PERSONAL A ADV INJURY 61, 0 0 0, 0 0 0 OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one IIn) $ 50, 000 MED EXP(Any one Person) $ 5, 000 AUTOMOBLE LABLRY ANY AUTO COMBINED SINGLE LIMIT I ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PH Person/ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per eccicMO PROPERTY DAMAGE i GARAGE WBLTIY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE i EXCESS LIABILITY EACH OCCURRENCE i UMBRELLA FORM AGGREGATE i OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND i EMPLOYERS' LITY I STATUTORY LIMITS LIMITS UAB EACH ACCIDENT i THE PROPRIETOR/ PARTNERS/EXECUTIVE — IND. DISEASE POLICY LIMIT I OFFICERS ME EXCL DISEASE EACH EMPLOYEE $ ODER DESCRWTWN OF OPERATIONS4LOCATION SNEHICLEB/SPECIAL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH REGARD TO THE NAMED INSUREDS PARTICIPATION IN THE FARMERS MARKET CERTIFICATE:HDLDER . .. . .. ... ... . CANCFd.J.ATIUN .. . . ... . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC'I'PD BEFORE THE CITY OF AUBURN EXPIRATION DATE THEREOF THE ISSUING-COMPANY WILL ENDEAVOR TO MAL yy 10 B STREET NE _ DAYS WRITTEN NOTICE TO THE CERTWI4TE HOLDER NAMED TO THE LEFT, AUBURN WA 98002 BUT FALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPAN<, ITS AG'ETIT/� OR REPRESENTATII(EL AUTHORIZED REPRESENTATIVE , / / Ruth Hubbard/ h ' i . \ ‘I ' $3 ( '1 'k- ACOR0.25-S 1344 - - - - _ • - -®ACORD CORPORATION 1993 ACORD_ CERTIFICATE-OF IJABILIINAINSURANCE ..CERTIFICATE- r DATE p. D, wTn • 06/10/98 ? PROOI1ea :µW.•..• .n6. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BELL-ANDERSON AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 724 WEST SMITH ST ALTER THE COVERAGE AFFORDED HY THE POLICIES BELOW. PO BOX 887 COMPANIES AFFORDING COVERAGE KENT WA 98035-0887 CGMPANr A AMERICAS: STATES INS. INSURED COMPANY AUBURN DOWNTOWN ASSOCIATION B COMPANY 10 B ST NE C AUBURN WA 98002 COMPANY D I COVERAGES' .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED RY PAID CLAIMS COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPENTONI WITS LTR I DATE ryYA IIYY) DATE(MWDINYYI A IGENERALUAHISTY I01CD632753 7/05/97 7/05/981 GENERAL AGGREGATE 1Si, 000, 000 X;COMMERCIAL GENERAL WIBSITY PRODUCTS COMP/OP AGGI f 1, 000, 000 I I CLAIMS MADE © OCCUR I PERSONAL&ADV INJURY 1 S1, 0 0 0, 000 I IiOWNER'S&CONTRACTOR'S PROT I EACH OCCURRENCE $1, 000, 000 I I I FlREOAMAGE(Any cos M) If 50, 000 I I I MED EXP(An,on*P«Eon) I f 5, 000 I AUTOMOSRE LIABILITY COMBINED SINGLE LIMIT f I ANY AUTO ALL OWNED AUTOS BODILY INJURY _ , f SCHEDULED AUTOS I IPM pomp) IMBED AUTOS '' BODILY INJURY NON-OWNED AUTOS _ I IIPA,'accWSntl f I PROPERTY DAMAGE 15 I GARAGE LIABILITY - , . AUTO ONLY EA ACCIDENT I f I ANY AUTO 1 OTHER THAN AUTO ONLY: I EACH ACCIDENT I f AGGREGATE IS EXCESS UABIJTY I EACH OCCURRENCE f 7 UMBRELLA FORM I AGGREGATE $ 'I OTHER THAN UMBRELLA FORM If WORKERS COMPENSATION APO I ORY UMRSI Tel EMPLOYERS'UABLITY I EL EACH ACCIDENT IS — THE PROPRIETOR/ IICL I EL DISEASEPOUCY UNIT I f PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL El.DISEASE•EA EMPLOYEE f OTHER I DESCRIPTION OF OPERATIONSILOCATIOMWEMCLEMSPEWLL RENS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED WITH REGARD TO AGENCY SERVICE AGREEMENT FOR THE ADMINSTRATION OF THE BIA ,CERTIFCATE. HOLDER Cot...... a..... ... SNOOD AMY OF THE ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE CITY OF AUBURN EXPIRATION DATE TNMa EAEOP THE ISSUING COMPANY WEL ENDEAVOR TO M 3.9_ DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, 25 MAIN ST BUT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUBURN WA 98001 Of ANT IMO UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES. AMMOR D RCPRESENTATIVE Linda Nelson -1/ A T-5 A I ACORD 25-S (1/511); . - . 1 AC6FICS CORPORATION'i98.5: CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK CO op Danielle Daskam,City Clerk 25.West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk Auburn City Cerk.(253)931 3039 Tamie Bothell,Records/License Clerk Business Registration:(253)931-3007 Fax:(253)288-3132 whine STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2854 of the resolutions of the City of Auburn, entitled "RESOLUTION NO.2854 " I certify that said Resolution No. 2854 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 21st day of July, 1997 Witness my hand and the seal of the City of Auburn this 20th day of August, 1998 n itActa Danlskam, City Clerk City of Auburn