HomeMy WebLinkAbout2964 1 RESOLUTION NO 2 9 6 4
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND
4 THE EMERGENCY SERVICES CONSULTING GROUP FOR THE PURPOSE OF
COMPLETING A FIRE STATION LOCATION STUDY
5
6 WHEREAS, the City Council budgeted funds in the 1998
7 Budget for the completion of a Fire Station Location Study;
8 and
9 WHEREAS, a Professional Services Agreement has been
10 prepared between the City of Auburn and the Emergency Services
11 Consulting Group for completion of such a study for a sum not
12 to exceed $30, 000
13 NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
14 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
15 RESOLVES THAT
16 SECTION 1 . The Mayor and City Clerk of the City of
17 Auburn are herewith authorized to execute a Professional
18 Services Agreement with the Emergency Services Consulting
19 Group A copy of said Agreement is attached hereto,
20 denominated as Exhibit "A" and made a part hereof as though
21 set forth in full herein
22 SECTION 2 . The Mayor is hereby authorized to implement
23
such administrative procedures as may be necessary to carry
24
out the directives of this legislation
25
26
Resolution No 2964
May 13, 1998 /
Page 1
1 DATED this 18th day of May, 1998
2
3
CITY OF AUBURN
4
5
6 Ics 1 CSIdC
CHARLES A BO TH
MAYOR
7
8
9
10 ATTEST
11
12 &a D, A 1 1 _ h ir-Y
13 Danielle E Daskam,
City Clerk
14
15
16 , !PROVED AS TO FORM
17 ' 1
18
19 Michael J Reynolds,
City Attorney
20
21
22
23
24
25
26
Resolution No 2964
May 13, 1998
Page 2
City op
�
CHARLES A. BOOTH, MAYOR '��∎ PLANNING&COMMUNTTy DEVELOPMENT DEPT.
25 West Main, Auburn,WA 98001
Paul Krauss, ALCP 1 � W�ll ll tlib r„
, Planning Director
(253)931-3090 Fax (253)931 3053
ekhingt°
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a municipal corporation of the State of Washington, hereinafter referred to as
"CITY" and with Emergency Services Consulting Group, whose address is 3565
Riverknoll Way, West Linn, Oregon 97068-3541, hereinafter referred to as
"CONSULTANT"'
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
SCOPE OF WORK.
This agreement is to provide consulting services relating to Fire Service as
described in Exhibit "A Scope of Work. The parties hereby agree that the City
may request that the Consultant change, add to, or delete the services the
Consultant is required to perform hereunder, provided that any such change,
addition to or deletion of said services shall be evidenced in writing, which
writing shall be first approved and signed by a duly authorized representative of
the City and of the Consultant and shall set forth any additional modifications in
the terms of this Agreement (including, but not limited to, the compensation to be
paid to the Consultant hereunder) resulting from any such change, addition or
deletion as may be mutually agreed to by the City and the Consultant.
5xhitr/ A LE s 0-yeV
r
Agreement for Professional Services
Page 1
May 20, 1998
1
2. TERM.
The services that the Consultant is required to perform herunder shall
commence as soon as practicable after the execution of this Agreement by both
parties. The Consultant shall perform said services in an expeditious manner and
in such sequence as the Consultant may determine. In any event, the Consultant
shall complete the performance of the services required to be rendered by it
hereunder no later than September 30, 1998, unless additional time is reasonably
required to perform said services if they have been modified as provided for
herein or if any delay in the performance of said services is caused by any
occurrence which is beyond the reasonable control of the Consultant.
3 COMPENSATION.
The City hereby agrees to pay the Consultant a sum not to exceed $30.000
as consideration for the performance of the services that the Consultant is required
to perform under Exhibit "A." During the term of this agreement, such total sum
will be paid as follows: upon completion of data gathering as described in Exhibit
"A", section 1, $7,500 (25% of contract amount); at completion of a first Draft
Document, $15,000 (50% of contract amount); at completion of a Final Draft
Document, $7,500 (25% of contract amount). At each of these stages of the
project, the Consultant will provide the City with an invoice setting forth the
amount due. The City shall pay the Consultant the amount set forth in such
invoice no later than thirty (30) days after the date of such invoice.
The Consultant proposes to use a subconsultant to assist in performing
work under this contract. The authorized subconsultant for this project is the
Hunt Research Corporation. The Consultant shall maintain proper accounting
Agreement for Professional Services
Page 2
May 20, 1998
records related to compensation and provide copies to the City upon request
documenting all labor and expenses associated with this agreement.
4 RESPONSIBILITY OF CONSULTANT
The CONSULTANT shall be responsible for the professional quality, technical
accuracy timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required, unless the error, omission or
other deficiency was caused by information provided by the City Consultant's services
performed under this Agreement will be performed in a manner consistent with the care
and skill ordinarily exercised by members of the profession practicing under similar
conditions at the same time and in the same or similar locality No warranty express or
implied, is made or intended by this Agreement, by the foregoing statement of the
applicable standard of care, by providing consulting services, or by furnishing work
products, including reports, drawings. and cost estimates.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or acceptance
of, nor payment for, any of the services shall be construed to operate as a waiver of any
rights under this Agreement or of any cause of action arising out of the performance of
this Agreement to the full extent of the law
Agreement for Professional Services
Page 3
May 20, 1998
5 INDEMNIFICATION/HOLD HARMLESS.
The Consultant shall indemnify and hold the City and its officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or
suits at law or equity to the extend arising from the Consultant's negligence or negligent
breach of any of its obligations under this Agreement; provided that nothing herein shall
require the Consultant to indemnify the City against and hold harmless the City from
claims, demands or suits based solely upon the conduct of the City, its agents, officers
and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a) the Consultant's agents or employees and (b) the
City, its agents, officers and employees, this indemnity provision with respect to (1)
claims or suits based upon such negligence (2) the costs to the City of defending such
claims and suits shall be valid and enforceable only to the extent of the Consultant s
negligence or the negligence of the Consultant's agents or employees.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided herein.
The parties agree that this Agreement may not be assigned in whole or in part without the
written consent of the CITY
7 INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement.
comprehensive general liability insurance against claims for injuries to persons or
damage to property which may arise from or in conjunction with services provided to the
CITY by the CONSULTANT its agents, employees or subcontractors, under this
Agreement for Professional Services
Page 4
May 20, 1998
Agreement. The CONSULTANT agrees to provide comprehensive general liability
insurance and shall maintain liability limits of no less then ONE MILLION DOLLARS
($1,000,000) combined single limit per occurrence for bodily injury, personal injury and
property damage. The CONSULTANT shall also provide and maintain professional
liability coverage including errors and omissions coverage in the minimum liability limits
of ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence for
bodily injury, personal injury and property damage.
The general liability coverage shall also provide that the CITY, its officers.
employees and agents are to be covered as additional insureds as respects. Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT its
employees, agents and subcontractors.
Each insurance policy required by this section of the Agreement shall be endorsed
to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits except after thirty (30) days prior written notice by certified mail return receipt
requested has been given to the CITY The CONSULTANT agrees to provide copies of
the certificates of insurance to the CITY specifying the coverage required by this section
at the time that this Agreement takes effect. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
any time.
8 NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed. religion;national origin, sex, age, or
where there is the presence of any sensory mental or physical handicap.
Agreement for Professional Services
Page 5
May 20, 1998
9 OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such other
information and materials as the CONSULTANT may have accumulated, prepared or
obtained as part of providing services under the terms of this Agreement by the
CONSULTANT shall belong to and shall remain the property of the CITY OF
AUBURN In addition, the CONSULTANT agrees to maintain all books and records
relating to its operation and concerning this Agreement for a period of three (3) years
following the date that this Agreement is expired or otherwise terminated. The
CONSULTANT further agrees that the CITY may inspect any and all documents held by
the CONSULTANT and relating to this Agreement upon good cause at any reasonable
time within the three (3) year period. The CONSULTANT also agrees to provide to the
CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY
under the terms of this Agreement.
10 TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to the
fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY
for services performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected (unless the notice
directs otherwise), and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
Agreement for Professional Services
Page 6
May 20, 1998
11 GENERAL PROVISIONS.
1 1 1 This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
11.2. All claims, disputes and other matters in question arising out of, or relating
to. this Agreement or the breach hereof, except with respect to claims which have been
waived, will be decided by a court of competent jurisdiction in King County,
Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the
CITY shall proceed diligently with the performance of the services and obligations
herein.
11.3 The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
11 4 This Agreement represents the entire and integrated Agreement between the
CITY and the CONSULTANT and supersedes all prior negotiations, representations or
agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT
11.5 Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorneys' fees and
expenses and court costs shall be paid to the substantially prevailing party
11.6. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance under this Agreement.
Agreement far Professional Services
Page 7
May 20 1998
CITY OF AUBURN
&le
CHARLES A. BOOTH
MAYOR
ATTEST
Danielle Daskam, City Clerk
APPROVED AS TO FORM.
Michael J Reynolds,
City Attorney
Agreement for Professional Services
Page 8
May 20, 1998
Emergency Services Consulting Group
`!
BY A -
TITLE. President/CEO
STATE OF WASIIINCTOPI ) OREGON
)ss
COUNTY OF KING ) CIACKAMAS
On this 1st day of June 19 98, before me, the
a,
undersigned, a Notary Public in and for the State of Washington, personally appeared
Jack W. Snook Oregon
to me known to be the President/CEO
of Emergency Services Consulting the (corporation, sole p
) who executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
(corporation, sole proprietorship, partncr3hip or individual), for the uses and purposes
therein mentioned, and on oath stated that he/she is authorized to execute said instrument
on behalf of said (corporation, sole proprietorship, partnership or individual).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the date hereinabove set forth.
- ---
+�, OFFICIAL SEAL I
G - • S JANICE R EARL 3-14 Al I t✓E R Far L
I a NOTARY PUBLIC-OREGON / 4CL(i R. C�
` COMMISSION NO.304862 NOTA�BLIC in and for to State of
MY COMMISSION EXPIRES SEP 16,2001 ? (I
\V ashl, t-,i, residing at Clackamas Co.
Oregon
MY COMMISSION expires: Sept. 16, 2001
Agreement for Professional Services
Page 9
May 20 1998
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this A day of , 1998 before me undersigned, a
Notary Public in and fS#r^^the Stay of\Nrathington, duly commissioned and sworn,
personally appeared Uimeed efAt ue1&- , to me known to
be the Mayor and City Clerk, respectively, of the City of Auburn, a municipal
corporation, and the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument and that the seal affixed is the corporate seal of
said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
,,,,".uu I,,,,,,.
pPp A BO?�.,, 7 n�rc G2- .50/�f el/
5.6;611.4 F '
~� NOTARYp9n� �/M?76</ctt S J tc2.LQ J
_*_ NOTARY PUBLIC IN AND FOR THE STATE OF
PUBUC fs 2: WASHINGTON, RESIDING ATr
� '∎r0eEge •',�0':
WAS
t1/4\k ,,,,
MY COMMISSION EXPIRES /a— 9 _ 9
Agreement for Professional Services
Page 10
May 20, 1998
Exhibit "A"
Scope of Work
Emergency Services Consulting Group and its subcontractor Hunt Research Corporation
will perform the services described below in order to assist the City of Auburn in the
completion of a fire station location study
Review Existing Documentation and Identify Key Issues
The City will provide copies of existing plans and other relevant documents
including the City of Auburn Comprehensive Plan, Zoning Ordinance,
Transportation Plan. Capital Facilities Plan and the 1982 Fire Station Siting
Study The Consultant will collect this and other relevant information in early
June 1998. Data gathering will include review of documentation and key staff
interviews/discussions. The Consultant will review those documents to determine
relevant information to future location of Fire Stations within the City This
review should include, but not be limited to, urban growth area/potential
annexation area and annexation issues and a discussion of the past Fire Station
Study
2. Review Level of Service in other local Jurisdictions and National Standards
The Consultant will provide a review of level of service in other local
Jurisdictions and National Standards for fire service. The consultant will also
identify Federal, State and local laws and regulations and contracts which impact
staffing levels and other level of service measurements in the City of Auburn.
3. Analyze Existing Service Levels in the City of Auburn
The Consultant will analyze the existing service levels in Auburn and compare
them to the levels identified in section 2. Based upon these compansons, the
consultant will identify a range of acceptable level of service goals for the City of
Auburn. The consultant will also analyze existing station locations, other capital
equipment levels and staffing to determine their adequacy in providing service to
the existing City limits and, ultimately to providing service to the City's entire
potential annexation area. The capabilities of adjoining Fire Districts currently
serving the City's Potential annexation areas shall be examined to determine if
mutual aid pacts or contracting options may offer the City additional flexibility
4, Develop Six-Year and 20-Year Capital Facilities Plans
Based upon the findings of section 3, the Consultant will develop six-year and
twenty-year capital facilities plans which will provide service based upon the
range of acceptable level of service goals. The capital facility plans should
include recommendations for station locations and/or relocations including cost
estimates, and recommendations for capital equipment based upon those
locations. Identify the range of costs necessary to provide the range of acceptable
service levels and potential funding sources. The Plan shall also discuss
contracting arrangements with the adjoining Fire Districts if found to be of merit
in minimizing the City s needs for capital expenditures and staffing.
5. Recommendation of Staffing Levels
Consultant will recommend staffing levels based upon station locations and level
of service standards.
Agreement for Professional Services
Page 11
May 20 1998
6. Preparation of Draft and Final Report
Consultant to prepare a Draft and a Final Report. City will review and provide
comments on the Draft report within two weeks of receiving the report.
7. Presentations to City Council
Consultant to make two presentations to City Council or appropriate Council
Committee. One presentation will be made at the Draft stage and a second at
completion of the Final Report.
Agreement for Professional services
Page 12
May 20, 1998
Nov-28-00 03: 36A WAI/ESCG P 01
Emergency Services Consulting Group
25200 SW Parkway Avenue,Suite 3 • W iIson vine,Ott 97070-9616 • (503)570-777K •(503)570-0522 Fax
EAX
TO: Danielle Daskam / City Clerk / City of Auburn
FAX: (253) 288-3132
FROM: Janice Earl / Administrative Assistant
NUMBER OF PAGES 2 4 (INCLUDING COVER)
DATE. February 11 , 1999
REGARDING:
Per your letter, certificates of insurance were issued on June 30,
1998 and are attached.
A renewal certificate was also issued on January 6, 1999 as a renewal
RETURN MESSAGE
Serving Customers Since 1976
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Nov-2E4-00 03: 35A WAI/ESCG P.02
IRE/0/1111111/4
CERTIPICAT_- '
. [(MCI DATE(MIWDLUTY)
6/30/98
. .
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF DiFORMATION ONLY AND
COTES NO eicarn UPON THE CritrifiCATE HOLDER.THIS CEETIRCATE
DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY TIM
POTICils BELOW
The Glatfelter Agency
COMPANIES AFFORDING COVERAGE
P.O Box 2726
COMPANY
York, PA 17405 Lunn A PMA Ins.Group
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EXCLUSIONS AND CommTIONS OF ilicH POLICIES.LIMITS SHOWN MAY HAVE BEEN Rana:Ell BY PAID CLADS.
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overage regarding the Fire Station Loccuoil Study
ESCG it included as a Named Insured.
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SHOULD ANY OF TIM AEOVE DENCRIRED POLICIES BE CANCELLED BEFORE 1L1F
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LEFT,BUR FAILURE TO MAD.MDR NOTICE SHALL IMPOST No OFEK•ATION OR
City Clerk. Office • I IAIIILITY OF ANY EIND UNON 114k compAITY,ITS AGENTS OR REPHRIENT•TivEs,
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ACORD CERTIFICATE OF LIABILITY INSURANCEjto 1 I DATE(MNIAMYY)99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Glatfelter Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR
183 Leader Heights Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
York PA 17402
Phone 717-741-0911 Fax 717-741-2341 INSURERS AFFORDING COVERAGE
INSURED INSURER♦ Utica Ins Com
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OSSCRIPTION OF OrtMTIONS LOCATIONSNUIICLES,XCLUSIONS ADDED EY INDORSEMENT/SPECIAL PHVVISIONS
Fire Station Location Study
ESCG is included as a Named insured
CERTIFICATE HOLDER I N I ADDITIONAL INSIIRrO;INSURER LCTTfR. — CANCELLATION
AUEUR-1 SHOULD ANY OF TIIC AROVF Ut SCROE)POLICIES NF I ANCELLED BEFORE THE
EXPIRATION DATE THEREOF THE ISSUING INSURER INN L ENDEAVOR TO MAIL
City of Auburn, WA 30 DAYS WRITTEN NO TICE TO TILE CERTIFICAIE HOLDER NAMED TO THE
City Clerk's Office
25 W
Main St l EFT.N T FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION ORLPEIUTV OF
Auburn WA 90001 AA 1 UPON THE INSIIIRRFy{�Jp AGENT •R REPRESENTATIVES
Ca V A Sa /00 /.
AC 25-R(7(07) ((VJJ ACORD CORPORATION 1986
}��� CITY ADMINISTRATION
OFFICE OF THE MAYOR ��'�i wrF th '.r
Charles A. Booth, Mayor 1 25 West Main, Auburn, WA 98001
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(253)931-3041 Fax: (253)288-3132
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February 4, 1999
Mr Jack W Snook, President
Emergency Services Consulting Group
3565 Riverknoll Way
West Linn, OR 97068-3541
RE. Professional Services Agreement between the
City of Auburn and Emergency Services Consulting Group
Dear Mr Snook:
On June 11, 1998, I addressed a letter to Emergency Services Consulting Group
requesting a certificate of insurance as required by Article 7 of the above
referenced Agreement. A recent audit of our records revealed that a certificate of
insurance has not been received. Please forward a certificate of insurance
indicating proof of coverage for the term of the Agreement.
Your attention to this matter will be appreciated.
Sincerely,
J, . 4
Danielle Daskam
City Clerk
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cc: Legal Department
RECORDS MANAGEMENT
ORDINANCEIRESOLUTION DISTRIBUTION
ORDINANCE NO DATE ADOPTED• S//f/
RESOLUTION NO. ,.-2 96 - EFFECTIVE DATE.
RECORDING FILE. . CODE BOOK.
DEPARTMENT DISTRIBUTION
�/
CITIZEN REQUESTS
_NA'ME.
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z. ._�r�,_ ._.. r�"a'`` ; . . . '�`� '; a . 'ADDRESS';,::M1. ��;Va.`DATE . .
F:C LE RK\REC O RDS\RE GFO RM
C,it(
CHARLES A. BOOTH,MAYOR t("�1 AUBURN CITY CLERK
Danielle Daskam,City Clerk 1 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk / City Clerk:(253)931-3039
Tame Bothell, Records/License Clerk t. ' Business Registration:(253)931-3007 Fax:(253)288-3132
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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 2964 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO 2964 "
I certify that said Resolution No 2964 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 18th day of May, 1998
Witness my-hand and the seal of the City of Auburn this 15th day of April, 1999
Danielle Daskam, City
City of Auburn