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HomeMy WebLinkAbout09-24-2012 Agenda Packet Municipal Services Committee September 24, 2012 - 3:30 PM City Hall Conference Room 3 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. September 10, 2012 Minutes* III.RESOLUTIONS A. Resolution No. 4859* (Faber) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to enter into a contract with Michael McLaughlin to design, fabricate, and install a Public art piece into the design of the New lea Hill Park. B. Resolution No. 4861* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a contract with Century West Engineering Corporation for consulting services. IV.DISCUSSION ITEMS A. Iron Horse Casino* (Coleman) B. Resolution No. 4857* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract with the Auburn Food Bank. C. Cemetery Marketing Plan* (Faber) D. City Hall Phase 1 Remodel Project Bid Results** (Snyder) Review of September 20, 2012 bid results for City Hall Phase 1 Remodel Project. E. Matrix* V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 1 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: September 10, 2012 Minutes Date: September 18, 2012 Department: Police Attachments: September 10, 2012 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:September 24, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 50 Municipal Services Committee September 10, 2012 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 W. Main Street, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Osborne, Member Wales. Staff present: Mayor Pete Lewis, Councilmember John Partridge, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Planning and Development Director Kevin Snyder, Commander Scott Near, Sergeant Brian Williams, Officer Michael Ashbaugh, Officer Jessica Smith, Construction Project Manager Steve Burke, and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. August 27, 2012 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded the motion. Chair Peloza concurred. MOTION PASSED: 3-0 III. DISCUSSION ITEMS A. Auburn Valley Humane Society - Schedule Update (Burke) Construction Project Manager Steve Burke provided the Committee with an update on the Auburn Valley Humane Society project schedule. Task #35 (ID 28 on Gantt Chart), AVHS Software Coordination (PetData), has been extended to October 31. The site development is on schedule and should be complete before November 30, 2012. Tenant improvement is complete. In addition to the PetData software coordination current work includes updating the Page 1 of 3 CA.A Page 3 of 50 Auburn Animal Control Code. The purchase of the Animal Control Officer's vehicle and equipment is complete and recruitment for the Animal Control Officer position is underway. Roof work is 99% complete; flashing will be installed at repaired siding once siding work is complete. Committee discussion followed. B. Police Department Administrative Services Division (Near) Commander Near, along with Sergeant Brian Williams and Officers Michael Ashbaugh and Jessica Smith, presented information on the Administrative Services Division of the Auburn Police Department. Staff in this division are responsible for the D.A.R.E., Volunteer, and Explorer Programs, department accreditation, staff in-service training, annual Citizen's Academy, and the Community Response Team (Gang intelligence/enforcement, rental housing/community projects, blockwatch/community meetings). Chair Peloza expressed his appreciation for the Council's continued support of the D.A.R.E. program especially with many cities choosing to discontinue it in their areas. Vice Chair Osborne and Member Wales both thanked the Police Department for their proactive work in the area of gang intelligence and enforcement. Committee discussion followed. C. Noffke's Towing (Lee) This item was brought to the Committee based on an email to Mayor Pete Lewis from a concerned citizen. The circumstances of the incident were such that the Auburn Police Department had the citizen's car impounded by the next available company on the City's tow rotation call list. The customer service that was provided by Noffke's Towing as the citizen attempted to retrieve their vehicle was outlined in the citizen's email to the Mayor. The Committee will be advised if any other complaints come forth concerning a specific towing company included on the City's tow rotation call list. Committee discussion followed. D. Towing Audit Update (Lee) The Auburn Police Department conducted a follow-up audit of towing invoices for the month of July from all five towing operators on the City's tow rotation list. The tow companies were contacted on August 6 and were asked to provide invoices for the month of July to include all police impounds. The information was due at the APD no later than 5:00 p.m. on August 10. Based on the WSP official fees, the audit findings revealed that all five towing companies are in compliance with the WSP tow, storage and after hours release rates. Committee discussion followed. E. Matrix No changes were made to the Matrix at this time. Page 2 of 3 CA.A Page 4 of 50 IV. ADJOURNMENT The meeting was adjourned at 4:25 p.m. The next meeting of the Municipal Services Committee is Monday, September 24, 2012 at 3:30 p.m. in Conference Room 3, City Hall, 25 W. Main Street, Auburn, WA. Signed this _________ day of September, 2012. _______________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 3 of 3 CA.A Page 5 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4859 Date: September 11, 2012 Department: Parks/Art and Recreation Attachments: Resolution No. 4859 McLaughlin Contract Budget Impact: $30,000 Administrative Recommendation: City Council approve Resolution 4859 Background Summary: Lea Hill Park, located on the hill above the Green River Valley, is at the corner of 124th and 316th St SE is a 5 acre parcel that was acquired as part of a land exchange with Green River Community College. The park designed by Susan Black & Associates is currently under construction and scheduled to open in June of 2013. Lea Hill, as a recently annexed neighborhood, will benefit greatly from this neighborhood park and we seek to integrate public artwork into the design. In the 2012 capital facilities budget, $30,000 is dedicated to the creation of new public art. The public art committee of the Auburn Arts Commission has selected artist Michael McLaughlin to develop artwork for the site. Reviewed by Council Committees: Municipal Services, Planning And Community Development Councilmember:Backus Staff:Faber Meeting Date:September 24, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 6 of 50 - - - - - - - Resolution No. 4859 September 11, 2012 Page 1 RESOLUTION NO. 4859 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH MICHAEL MCLAUGHLIN TO DESIGN, FABRICATE, AND INSTALL A PUBLIC ART PIECE INTO THE DESIGN OF THE NEW LEA HILL PARK WHEREAS, the City of Auburn is currently designing the new Lea Hill Park; and WHEREAS, the City desires to contract with Artist Michael McLaughlin to design, build and install artwork for this site; and WHEREAS, the art work is to be an design component of the Lea Hill park, requiring coordination between the Artist and the City’s Landscape Architects.. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an agreement with Michael McLaughlin to design, fabricate, and install the public art work, in substantial conformity with the agreement attached hereto and designated as Exhibit “A”, and incorporated by reference in this resolution. Section 2. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. RES.A Page 7 of 50 - - - - - - - Resolution No. 4859 September 11, 2012 Page 2 SIGNED and DATED this ______ day of September, 2012. CITY OF AUBURN ________________________________ PETER B. LEWIS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________ Daniel B. Heid, City Attorney RES.A Page 8 of 50 Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 1 of 6 AGREEMENT FOR ARTWORK This Agreement is made and entered into this _____ day of Septebmer, 20__, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington (“City”) and Michael McLaughlin, whose address is 31 Torrington Heights Road, Torrington, CT 06790, herein referred to as “ARTIST”. WHEREAS, the City desires to contract with Artist to design, build and install artwork (“Work”) for the Lea Hill Park; and WHEREAS, the Artist was selected by the City through a procedure approved by the City of Auburn to design, execute, fabricate, install or supervise installation of a public artwork, located at the Auburn’s Lea Hill Park, herein referred to as the “site”. NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS: I. ARTICLE 1. SCOPE OF SERVICE 1.1 GENERAL The Artist shall, in consultation with the City’s landscape architect, Susan Black & Associates, the Site project team and the Auburn Parks, Arts & Recreation Staff and Auburn Arts Commission. The artist is expected to coordinate the design, fabrication and installation with the site project team and the Auburn Parks, Arts & Recreation and Auburn Arts Commission. The Artist shall be responsible for all services and shall furnish all supplies, material, and equipment as necessary for the design, execution, fabrication, transportation and installation of the Work at the Site. The Artist shall coordinate the design, fabrication and installation of the Work with Susan Black & Associates and the contractor selected to construct Lea Hill Park (“Contractor”). 1.2 PROJECT The Work is divided into two phases: Phase I, related to the Work design proposal and final design proposal approval by the City; Phase II, related to execution, fabrication, transportation and installation of Work. Each phase shall have a defined Scope of Work describing the services provided by the Artist and hence the relative compensation to the Artists. 1.3 EXECUTION OF WORK The Artist shall approach both Phases of the Work as described above in accordance with the approved model and/or drawings provided, which will be recommended by the City of Auburn Arts Commission for approval by the Auburn City Council. A. The Artist shall provide all labor and materials necessary to: 1. Produce and complete a finished work of art; 2. Deliver the artwork; 3. Install the artwork in accordance with the agreed upon schedule B. The Artist will seek out regular updates from the City on deadline relevant to the art project. C. The City shall have the right to review the Work at reasonable times during fabrication D. The Work shall be completed and installed at the site in compliance with City codes and with approved Work installation scheduled by the City. 1.4 DELIVERY AND INSTALLATION A. The Artist shall deliver and install the completed Work at the site in compliance with the schedule set forth by mutual agreement by the City and the Artist. B. The City shall approve installation plans presented by the Artist prior to installation RES.A Page 9 of 50 Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 2 of 6 C. Site installation shall be prepared by the City per Artist specifications D. During installation, the artist shall secure the Site and ensure the safety of the public and the Work. The City shall determine when installation is complete and shall inspect Site during installation. 1.5 POST-INSTALLATION A. The City will provide photo documentation of the Work for City files. The City will provide a copy of this documentation to the Artist. B. The Artist shall be available at such time or times as may be agreed between the City and the Artist to participate any presentation ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work. C. Upon installation of the Work, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work. 1.6 FINAL ACCEPTANCE A. The Artist shall advise the City in writing when all services required have been completed in substantial conformity as presented to the Public Art Subcommittee. B. The City shall notify the Artist in writing of its final acceptance of the Work. 1.7 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance, including any protective measures necessary to prevent damage to the Work during construction of the Center. 1.8 INDEMNIFICATION The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature arising out of the performance of the Work and the obligations contained in this Agreement on the part of the Artist, the Artist’s agents, representatives, and employees except where such claims arise solely from the negligent acts of the City, its agents, representatives, or employees. 1.9 TITLE Title to the Work shall pass to the City upon final acceptance. 1.10 OWNERSHIP OF DOCUMENTS, MODELS Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist. 1.11 INSURANCE The Artist agrees to obtain, and maintain during the term of this agreement comprehensive liability insurance in minimum amounts of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence to protect the City, its agents, officers, and employees from any claims by any person for damage to persons or property arising out of or resulting from the Artist’s performance under this Agreement. The insurance policy shall name the City OF AUBURN as additionally insured. The policy shall require a minimum of thirty (30) days prior written notice to the City of any cancellation or expiration of the policy or any modification of any provisions of the policy. The Artist shall be required to provide a Certificate of Insurance to the City prior to commencing performance under the terms of this Agreement. 1.12 INDEPENDENT CONTRACTOR/ASSIGNMENT The parties agree and understand that the Artist 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 RES.A Page 10 of 50 Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 3 of 6 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. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 FEE The City shall pay the Artist for satisfactory completion of the artwork in the total fixed amount of $30,000.00 (thirty thousand and no/100 U.S. Dollars) which shall constitute full compensation for all services, engineering permits and materials to be performed and furnished by the Artist under this Agreement. All fees shall be paid in accordance with standard City business practices. At each fee/fabrication Phase outlined above, the Artist will submit a brief written report, which describes the progress to date, and invoice the City at that time. 2.2 PAYMENT The first payment of 1/3 of $30,000. ($10,000.00) will be paid by the City to the Artist upon signing this Agreement. The second payment of 1/3 of $30,000 ($10,000.00) will be paid by the City to the Artist upon completion of and approval of final design drawings. The final payment of the remaining 1/3 of $30,000 ($10,000.00) shall be made to Artist no later than ten (10) days after the delivery and installation as specified in this Agreement by Artist. 2.2 TAXES The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the Work as a result of performance under this contract. Artist understand that taxes are included in the agreed upon fee set forth in Article 2.1. 2.3 ARTIST EXPENSES The Artist shall be responsible for the payment of all shipping charges, the costs of transporting the Work to the Site, the costs of all travel by the Artist and the Artist’s agents and employees necessary for the proper performance of the services required under this Agreement, and all other expenses related to the performance of this Agreement. ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the Artist shall be completed in accordance with the schedule for completion of the Lea Hill Park as established by Susan Black & Associates. Construction is anticipated occur Spring 2014. ARTICLE 4. WARRANTIES 4.1 WARRANTIES OF TITLE The Artist represents and warrants that: (a) the Work is solely the result of the Artistic effort of the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; (c) the Work has not, or a duplicate thereof has not, been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from any source whatever. 4.2 WARRANTIES OF QUALITY AND CONDITION The Artist represents and warrants, except as otherwise disclosed to the City in writing and in connection with submission of the Proposal, that the execution and fabrication of the Work will be performed in a workmanlike manner; and the Work as fabricated and installed, will be free of defects in material and workmanship; and reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist. The warranties described in this section shall survive for a period of three (3) years after the final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure RES.A Page 11 of 50 Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 4 of 6 reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards. ARTICLE 5. REPRODUCTION RIGHTS 5.1 GENERAL The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the Work except ownership and possession and except as such rights are limited by this Section. In view of the intention that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, three-dimensional reproductions of the final Work nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an irrevocable license to make representative photographic reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in brochures, media publicity, note cards, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the Work. 5.2 NOTICE All reproductions by the City shall contain a credit to the Artist in the following form: “Title,” “year”, “Artist”. 5.3 CREDIT TO THE CITY The Artist shall use his best efforts to give a credit reading substantially, “An original Work owned and commissioned by the City of Auburn, Washington” in any public showing under the Artist’ control of the reproductions of the Work. ARTICLE 6. ARTIST’S RIGHTS 6.1 IDENTIFICATION The City will provide a plaque(s) to be delivered to the Artist prior to installation. The Artist shall provide to the City, for review and approval, specified plaque dimensions six (6) weeks prior to the installation. The plaque identifying the work as outlined in Article 5.2 shall be installed by the City. 6.2 MAINTENANCE The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall make reasonable efforts to assure that the Work is properly maintained and protected, taking into account the instructions of the Artist provided in the maintenance agreement and shall make reasonable efforts to protect and maintain the Work against the ravages of time, vandalism, and the elements. 6.3 REPAIRS AND RESTORATION The City shall have the right to determine when and if repairs and restorations to the Work will be made. The Artist shall not unreasonably withhold approval for any repair or restoration of the Work. If the Artist unreasonably fails to approve any repair or restoration, the City shall have the right to make such repair or restoration. 6.4 DEACCESSIONING OF THE WORK In the circumstance where a commissioned artwork is physically part of the building or landscape and it is not an independent object(s) that can be safely removed, the City may require the Artist to waive VARA (Visual Artists Rights Act of 1990) in regards only to the destruction of the artwork. Prior to the destruction of the artwork, the City will attempt to contact the Artist and secure the situation. In the event that the remodeling of the building or landscape destroys part of the artwork, the City will de-access the artwork and, at the request of the Artist, remove any attribution to the Artist. The City reserves the right to de-access artwork under the following conditions: RES.A Page 12 of 50 Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 5 of 6 A. The Site or landscape is structurally or otherwise altered and can no longer accommodate the Work, B. The portion of the Site or landscape in which the Work is located is made publicly inaccessible as a result of new construction, demolition, or security enhancement, or has its surrounding environment altered in a way that significantly and adversely impacts the Work. C. The Site is sold or acquired by an entity other than City of Auburn. D. There is a documented history of incident(s) that shows the Work is a threat to public safety. 6.5 PERMANENT RECORD The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 6.6 ARTIST ADDRESS The Artist shall notify the City of changes in his/her address. The failure to do so within 30 days of said change, if such failure prevents the City from locating or notifying the Artist where required under the terms of this Agreement, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Article 6 that require the express approval of the Artist. ARTICLE 7. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap. ARTICLE 8. NOTICES Any notice required or permitted under this Agreement may be personally served or given in writing and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows Auburn Arts Commission City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 Telephone” 253-931-3043 Michael McLaughlin 31 Torrington Heights Rd Torrington, CT 06790 860-626-1123 contact@mjmsculpture.com www.mjmsculpture.com Either party may, by like notice at any time, designate a different address to which notices shall be sent. Notice in accordance with these provisions shall be deemed received when mailed. ARTICLE 9. TERMINATION Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, models, and other work products under this Agreement shall become the City’s property. The City shall compensate the Artist for all work as performed prior to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. RES.A Page 13 of 50 Resolution XXX – Michael McLaughlin Agreement for Public Art – Lea Hill Park Page 6 of 6 ARTICLE 10. GENERAL PROVISIONS 10.1 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. 10.2 APPLICABLE LAW This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. 10.3 COSTS TO PREVAILING PARTY In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney’s fees. 10.4 COMPLIANCE WITH APPLICABLE LAWS In the performance of the Work, the Artist agrees to comply with all applicable state and local laws, rules, and regulations. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney ARTIST ______________________________________ Michael McLaughlin Tax #:___________________________ RES.A Page 14 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4861 Date: September 18, 2012 Department: Finance Attachments: Resolution No. 4861 Century West Agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4861 Background Summary: The City of Auburn intends to develop a 2012-2032 Airport Master Plan to replace the 2002 Airport Master Plan for the Auburn Municipal Airport. The Master Plan will provide the City of Auburn with a plan to address the development needs at the airport for a 20 year planning horizon (2012-2032) and will develop a realistic program for implementation within known funding constraints. To the extent possible, the Master Plan will account for addressing environment, high level economic growth, & socioeconomic issues for all stakeholders. Century West Engineering (Consultant) has been retained by the City to accomplish the Master Plan. The Consultant will work in close liaison with the City and Airport Management staff, a Planning Advisory Committee, local business and stakeholder groups, the Federal Aviation Administration and the WSDOT Aviation to ensure that the plan truly reflects the airport's development needs. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Staff:Coleman Meeting Date:September 24, 2012 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 15 of 50 ------------------------------ Resolution No. 4861 September 13, 2012 Page 1 of 1 RESOLUTION NO. 4861 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CENTURY WEST ENGINEERING CORPORATION FOR CONSULTING SERVICES WHEREAS, to meet Federal Aviation Administration (FAA) requirements, the City of Auburn must develop a 2032 Airport Master Plan for the Auburn Municipal Airport; and WHEREAS, development of a Airport Master Plan requires the expertise and knowledge not possessed by city personnel; WHEREAS, Century West Engineering Corporation is qualified and able to provide consulting services for the preparation of an airport master plan and is willing to provide such services upon the terms and conditions set forth in the attached agreement; and WHEREAS, the FAA has approved the City’s scope of work for the consultant and has made available to the City a grant that will pay, along with City match, the consultant’s fee for services connected to developing an airport master plan; and WHEREAS it is in the best interests of the City to retain Century West Engineering Corporation to provide such services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: RES.C Page 16 of 50 ------------------------------ Resolution No. 4861 September 13, 2012 Page 2 of 2 Section 1. The Mayor is hereby authorized to execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit “A” and incorporated here by this reference. Section 2. That the Mayor is authorized to implement such other 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. Passed this _____ day of _______________, 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: ______________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.C Page 17 of 50 Page 1 of 7 CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this 2nd day of October, 2012, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as “City” and Century West Engineering Corporation, hereinafter referred to as the “Consultant.” W I T N E S S E T H : WHEREAS, an agreed upon scope of work and associated fee have been negotiated and approved by the City, Consultant and the Federal Aviation Administration; and, WHEREAS, utilizing an FAA grant and associated City match, the City desires to retain the Consultant to provide certain services in connection to development of a 2032 Airport Master Plan; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City’s needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit “A” attached hereto and incorporated herein by this reference. (The tasks described on Exhibit “A” shall be individually referred to as a “task,” and collectively referred to as the “services.”) The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant’s performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. RES.C Page 18 of 50 Page 2 of 7 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit “A” are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant’s performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant’s Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City’s Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City’s representative with respect to the services. The City’s designee shall have complete authority to transmit instructions, receive information, interpret and define the City’s policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant’s performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit “A” attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. RES.C Page 19 of 50 Page 3 of 7 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit “A” attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the date hereof or on the 2nd day of October, 2012, and shall terminate on the 31st day of August, 2014. The term may be extended or renewed by mutual agreement of the parties in writing. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the “Work Products”) shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. Documents prepared under this Agreement are developed for a specific purpose; master planning for the Auburn Municipal airport. Any use of such documents for purposes other than what they were intended shall be at the sole risk of the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by, on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 Consultant Attn: Matt Rogers, Vice-President Century West Engineering Corp. 1020 SW Emkay Drive, #100 Bend, OR. 97702 (541) 322-8962 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return RES.C Page 20 of 50 Page 4 of 7 receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Commercial General Liability insurance, insuring the City and the Consultant against loss or damages arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in any one occurrence. b. Such workmen’s compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1,000,000. d. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 15. Indemnification. The Consultant shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement except for injuries, damages, costs and expenses, including attorney fees caused by the sole negligence of the City. If a final judgment is rendered against the City or the Consultant, their officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant and the City shall satisfy the same to the extent that such judgment was due to each negligent acts or omissions. RES.C Page 21 of 50 Page 5 of 7 16. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party’s or parties’ duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon 20 days written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit “A” hereof. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney’s fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or RES.C Page 22 of 50 Page 6 of 7 project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN CONSULTANT _____________________________________ ____________________________________ Name: Peter B. Lewis Name: W. Matt Rogers Title: Mayor Title: Vice President Attest: ____________________________________ Danielle Daskam, City Clerk Approved as to form: ____________________________________ Daniel B. Heid, City Attorney RES.C Page 23 of 50 Page 7 of 7 Exhibit “A” Scope of Work and Compensation 1. The Consultant shall: A. Deliver services and materials as described per the attached document entitled: Scope of Work Auburn Municipal Airport Airport Master Plan FAA AIP Grant Number: 3-53-0003-018 attached hereto as Exhibit I. 2. The City shall pay the Consultant, for services performed as described in Section 1(A) above based on a ‘time and material’ and ‘not to exceed’ basis as follows: A. Itemized invoice requests and billing statements shall be submitted by the Consultant. B. Such invoices may only be submitted upon completion of each Element (1-10) of the Scope of Work and at final project completion. C. All invoices shall present ‘time and material’ summaries as they relate to section 1B above and shall outline the completion of all deliverables as described within the Scope of Work. D. The total of all invoices combined shall total an amounts ‘not to exceed’ $219,975.00. RES.C Page 24 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: Iron Horse Casino Date: September 19, 2012 Department: Finance Attachments: Letter Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached letter/request for reduction in gaming taxes. Reviewed by Council Committees: Municipal Services Councilmember:Staff:Coleman Meeting Date:September 24, 2012 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 25 of 50 DI.A Page 26 of 50 DI.A Page 27 of 50 DI.A Page 28 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4857 Date: September 18, 2012 Department: Finance Attachments: Resolution No. 4857 Contract Memo of Intent Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4857 Background Summary: On February 19, 2008, the City entered into a contract with the Auburn Food Bank to provide to the residents of the City financial help through the Auburn Cares program to pay for heating bills, water/sewer utilities, shelter and other emergent financial needs at a cost acceptable to the City; and the City and Auburn Food Bank would like to continue their partnership and renew the contract through December 31, 2014. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Staff:Coleman Meeting Date:September 24, 2012 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 29 of 50 ---------------------------- Resolution No. 4857 September 7, 2012 Page 1 of 1 RESOLUTION NO. 4 8 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE AUBURN FOOD BANK WHEREAS, on February 19, 2008, the City entered into a contract with the Auburn Food Bank to provide to the residents of the City financial help through the Auburn Cares program to pay for heating bills, water/sewer utilities, shelter and other emergent financial needs at a cost acceptable to the City; and WHEREAS, the City and Auburn Food Bank would like to continue their partnership and renew the contract through December 31, 2014. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk are hereby authorized to execute an agreement 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 _________________, 2012. CITY OF AUBURN _________________________ PETER B. LEWIS, MAYOR DI.B Page 30 of 50 ---------------------------- Resolution No. 4857 September 7, 2012 Page 2 of 2 ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney DI.B Page 31 of 50 CONTRACT FOR HUMAN SERVICES SERVICE YEARS 2013 AND 2014 THIS AGREEMENT, made and entered into this _____ day of ______________, 2012, is by and between the City of Auburn, a code city and municipal corporation of the State of Washington, hereinafter referred to as "City," and Auburn Food Bank, hereinafter referred to as "Agency," to cover the City of Auburn Voluntary Utility Bill Donation Program (“Auburn Cares” Program): WITNESSETH: WHEREAS, the City of Auburn, by Resolution No. 4857, adopted a human services policy to provide for the delivery of human services by private human services agency under contract with the City of Auburn; and further, authorized the Mayor to enter into a contract with Agency for the performance and delivery of such services; now, therefore, in consideration of the mutual promises, terms and covenants herein set forth it is agreed as follows: 1. Services. Agency shall provide to the City and to its residents financial help to pay for heating bills, water/sewer utilities, shelter, and other emergent financial needs. 2. Compensation. The City of Auburn shall pay Agency for completed services rendered under this Agreement the total sum collected from utility billings under the City of Auburn Voluntary Utility Bill Donation Program (“Auburn Cares” Program) that are made from January 1, 2011, to the term of this Agreement. Said amount(s) shall be the total compensation for all services performed by Agency, including all reports, supporting data, supervision, labor, supplies, materials, equipment, or the use thereof and for all other necessary incidentals. Agency shall submit a statement to the Mayor or his designee, no less than quarterly, together with supporting documentation to the City no later than ten working days after the close of each quarter. In no event shall a total of all payments for completed services rendered under this agreement exceed the amount(s) for services performed set forth above. Agency agrees that the services for which it seeks compensation under the terms of this Agreement shall be or have been performed solely for the residents of the City of Auburn. 3. General Administration and Management. The Mayor or his designee shall have administrative responsibility for the City's performance under this Agreement and shall review and may approve for payment of all statements and bills submitted by Agency to the City for its performance under this Agreement. The Executive Director of Agency shall be responsible for overall administration of the services by Agency under the terms of this Agreement and for coordination with the City. Such coordination shall be accomplished through the Finance Director. 4. Recordkeeping/Documentation. Agency shall maintain records and accounts including personnel, property, financial, and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to insure proper accounting for all funds contributed by the City to the performance of this Agreement in compliance with this Agreement. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14 and by the City. - 1 - DI.B Page 32 of 50 The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review, or audit by the City and any other governmental agency so authorized by law during the performance of this Agreement. The City shall have the right to an annual audit of agency's financial statement and condition. 5. Termination of Agreement. The term of this Agreement shall be effective from the date of the signatures hereto to December 31, 2014, provided either party hereto may terminate or suspend this Agreement at any time with or without cause by giving ten (10) days notice to the other party in writing. Termination or suspension shall be effective ten days after the receipt of notice thereof by certified mail. In the event the City terminates or suspends this Agreement, Agency shall be entitled to receive just and equitable compensation for any satisfactory services rendered prior to the effective date of termination or suspension. If Agency's insurance coverage as required by this Agreement is cancelled for any reason, the City shall have the right to terminate this Agreement. 6. Hold Harmless/Indemnification. Agency agrees to indemnify, defend, and save harmless the City or its officers, agents, or employees, for any claim, real or imaginary, filed against the City or its officers, agents, or employees, alleging damage or injury arising out of the subject matter of this Agreement; due to the tortuous acts or omissions of the Agency, its agents, servants, officers or employees provided, however, that such provision shall not apply to the extent that damage or injury results from the sole fault of the City or its officers, agents, or employees. "Fault" as herein used shall have the same meaning as set forth in RCW 4.22.015. 7. Insurance. Agency agrees to maintain and keep in force during the term of this Agreement a standard form public liability policy, the limits of which shall not be less than $1,000,000, combined limits, personal injury and property damage insurance. If services to be provided include transportation by motor vehicle, then Agency agrees that automobile liability insurance will be maintained which at a minimum provides a business automobile policy with $1,000,000 combined single limit per accident for bodily injury and property damage. If the services to be provided will include professional services, then Agency agrees to maintain professional liability errors and omissions insurance with minimum limits of no less than $1,000,000. For purposes of this section, "professional services" shall mean any service provided by a physician, psychologist, or other licensed professional. If any policies of insurance are written on a "claims made basis," Agency agrees to maintain such insurance coverage for a period of not less than three (3) years following the completion of the services to the City under this Agreement. Certification of coverage as required by paragraphs above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. General Provisions. Agency shall not deny or substantially impair any person's receipt of services or benefits or assistance under this Agreement on the grounds of age, sex, marital status, race, creed, color, sexual orientation, nationality, sensory, mental, or physical handicap. Agency agrees it shall use all sums collected under this Agreement to provide direct services only. Further that none of the money received under this Agreement will be used for administrative expenses. Agency and the City agree that Agency is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Agency - 2 - DI.B Page 33 of 50 - 3 - nor any employee of Agency shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance program, or otherwise assuming the duties of an employer with respect to Agency or any employees of the Agency. This Agreement may not be assigned or otherwise transferred by either of the parties hereto. Agency agrees to comply with all applicable federal, state, and local laws and regulations regarding non-discrimination and employment. Agency shall not discriminate against any employee or applicant for employment in connection with this Agreement because of age, sex, marital status, race, creed, color, sexual orientation, nationality, or the presence of any sensory, mental, or physical handicap, except where there is a bona fide occupational limitation. This Agreement contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by both parties hereto. This Agreement will terminate on December 31, 2014 unless otherwise extended by mutual agreement of both parties in writing. Notices to the City of Auburn shall be sent to the following address: Shelley Coleman, Finance Director City of Auburn 25 W. Main Street Auburn, Washington 98001 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF AUBURN Auburn Food Bank Agency By: _______________________ By: _______________________________ Mayor Agency Executive Director Address: __________________________________ By: _______________________ __________________________________ City Attorney __________________________________ PHONE: _________________________________ DI.B Page 34 of 50 DI.B Page 35 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: Cemetery Marketing Plan Date: September 19, 2012 Department: Parks, Arts & Recreation Attachments: Mountain View Cemetery Mission Mountain View Cemetery Cemetery Map 2011 Memorial Day 2011 Tree of Remembrance 2012 Cemetery Trifold 2011 Cemetery Ad_PrimeWest - Press 2011 Easter Sunrise Service Ad 2012 Easter Sunrise Service Ad Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff:Faber Meeting Date:September 24, 2012 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 36 of 50 MOUNTAIN VIEW CEMETERY MISSION Mountain View Cemetery shall be a sacred place to comfort and strengthen the community through responsible stewardship and compassionate ministry. To fulfill this we will: • Be attentive by listening and understanding • Be respectful by being courteous, prompt and caring • Be professional by maintaining and creating beautiful grounds • Be thorough in documenting records • Be dedicated to protecting the faith and trust the community has placed in us Mountain View Cemetery was established in 1890 on 40 acres by 120 citizens; it now encompasses over 60 acres with sweeping views of the Auburn Valley and Mt Rainier. MARKET POSITION • Mountain View Cemetery offers Auburn area residents beautiful grounds and a caring staff to consider as a final resting place for loved ones. • Mountain View offers a wide spectrum of cemetery services that consider all needs of our customers. • Mountain View Cemetery proximity to I-5, 167 and Highway 18 make it an ideal location for over 250,000 citizens within a 10 mile radius. Demographic of sales Auburn 38% Federal Way 18% Kent 9% South 15 Mile 6% Includes Lake Tapps, Sumner, Puyallup, Bonney Lake NE/NW 15 Mile 6% Includes DesMoines, Renton, Maple Valley, Covington Out of State 5% Other 18% Situation Audit • Mountain View Cemetery performs approximately 250 burials annually • Mountain View Cemetery revenues come 40% from grave/niche sales, 20% from marker sales, 30% from services (open/close) and 10% from other sales (vases, recordings) Marketing Strategies • Increase profile and expand visibility in Senior Housing, Senior Center, Area Churches within the TBD radius • Develop 5 minute video highlighting the Cemetery • Increase general awareness through expanded new releases and public service announcements • Distribute new tri-fold brochure to all approved locations in cooperation with Multimedia • Expand Marketing as it relates to Easter, Memorial Day and Veterans Day • Consider in-kind sponsorship of appropriate city sponsored events such as Veterans Day • Develop monthly advertizing plan for news print with 20 miles       DI.C Page 37 of 50 Mountain View Cemetery Revenues 2007 2008 2009 2010 2011 2012 est. Lot Sales $295,700 300,014 225,886 285,711 252,510 254,237 Total Rev $740,042 795,636 694,688 708,190 751,883 750,000 Total Serv. 243 287 228 280 240 240est Interments 135 152 113 114 134 135est Inurnments 108 135 115 166 106 110est Demographic of sales Auburn 38% Federal Way 18% Kent 9% South 15 Mile 6% Includes Lake Tapps, Sumner, Puyallup, Bonney Lake NE/NW 15 Mile 6% Includes DesMoines, Renton, Maple Valley, Covington Out of State 5% Other 18% Inventory of Existing Property (9/1/12) Owned but not occupied traditional plots 3924  ($8,000,000 in future sales,  open/closing/marker)    Owned but not occupied Cremation plots and niches 702 ($500,000 in future sales of  plaque/vase ect)    Existing plots for sale in the 9th addition A & B 1269 X $2395 = $3,039,255    Memory Meadow and other various existing plots 56 X $1995 = $111,720    Niches in Chapel of Memories, Centennial Col., Mausoleum, and ForestWalk $2,341,430    Urn plots available in Centennial $200,160 and ForestWalk $294,066      Total:               Value of developed, unsold property     $5,786,471.00     DI.C Page 38 of 50 Urn Gar d e n M ountain View Loop Centennial Cir c l e 4th Slope 7th Upper 5th Veterans 6th Lower 5th 1st Memory Meadow Bissell Hill Garden Mausoleum Office Cross Mai n En t r a n c e Lowe r Entr a n c e Shop Big 2nd 9A DD Child’s Place 9A9B 4th Flat South Flag Plaza 4th Flat North Woo d l a w n W a y Gal l i W a y Mou n t a i n V i e w D r i v e To Auburn Foo t h i l l D r i v e Sun r i s e D r i v e Mem o r y L a n e Rai n i e r D r i v e Rai n i e r D r i v e Ded i c a t i o n D r i v e Oly m p i c W a y Cas c a d e W a y Mo u n t a i n V i e w W a y Vall e y V i e w W a y Ma p l e L a n e Sum m i t V i e w Par k D r i v e Par k D r i v e 4th Hill 6th S l o p e ForestWalk Chap e l o f Memo r i e s10 Restroom Lit t l e 1 s t Nic h o l s C o l u m b a r i u m Ho g a n C o l u m b a r i u m Ce n t e n n i a l Ce n t e n n i a l Cas c a d i a C o l u m b a r i u m Lit t l e 2 n d Lo n g B l o c k Gal l i Way Lit t l e B i s s e l l Colum b a r i u m Memory heights 3rd Mountain View Cemetery 2020 Mountain View Drive Auburn WA 98001 253-931-3028 www.mtviewcemeteryauburn.com Dedicated 1890 DI.C Page 39 of 50 CITY OF AUBURN MOUNTAIN VIEW CEMETERY Please join us for a special Memorial Day Service Monday, May 30 at 10 a.m. 2020 Mountain View Drive , Auburn WA 98001 | 253-931-3028 | www.mtviewcemeteryauburn.com Saturday, May 28 8 a.m. - 4:30 p.m. Sunday, May 29 12 - 4 p.m. Monday, May 30 8 a.m. - 4:30 p.m. MeMorial Day HourS DI.C Page 40 of 50 Tree of Remembrance Mountain View Cemetery 2020 Mountain View Drive Auburn WA 98001 253-931-3028 Office Hours: Monday-Friday8 a.m. - 4:30 p.m www.mtviewcemeteryauburn.com Mountain View Cemetery Invites you to remember and commemorate your loved one in a special way by placing an ornament and message on the Tree of Remembrance located at Mountain View Cemetery from December 1 to December 31. Ornaments may be picked up at the Cemetery office during business hours and placed on the holiday tree or taken home to keep as a cherished keepsake. DI.C Page 41 of 50 Driving Directions: Northbound: Going north on Hwy 167, exit on 15th St SW at Auburn. Go west on 15th to West Valley Hwy. Turn north on West Valley Hwy. to Mountain View Drive (West Main St.). Turn left uphill to the Cemetery. Southbound: Going south on Hwy 167, exit on 15th St NW at Auburn. Go west on 15th to West Valley Hwy. Turn south on West Valley Hwy. to Mt. View Drive (West Main St.). Turn right uphill to the Cemetery. Gates open at 8 a.m. and close at dusk every day. Office is open 8 a.m. to 4:30 p.m. weekdays. Mountain View Cemetery 2020 Mountain View Drive Auburn WA 98001 253-931-3028 www.mtviewcemeteryauburn.com Auburn Mountain View Cemetery Puyallup Federal Way Tacoma Kent SeaTac Airport Seattle Bellevue Renton Issaquah Gig Harbor Puget Sound 5 167 18 MAYOR & CITY COUNCIL Peter B. Lewis, Mayor Nancy Backus, Deputy Mayor John Holman Wayne Osborne John Partridge Bill Peloza Rich Wagner Largo Wales CEMETERY BOARD Ken Bradford Jeanne Coffey Greg Dobbs Warren Olson Robert Rakos PARKS, ARTS & RECREATION Daryl Faber, Director CEMETERY STAFF Craig Hudson, Manager Lois Almeda, Office Assistant Zach Hopper Pat Makings David Partridge Sam Gullo A facility of: DI.C Page 42 of 50 MOUNTAIN VIEW: PART OF AUBURN'S HISTORY Mountain View Cemetery is in a peaceful, quiet, beautiful setting, located on Auburn’s west hill overlooking Mt. Rainier and the Green River Valley. Mountain View Cemetery was established November 8, 1890. Founded on 40 acres of land purchased by 120 citizens at the cost of $25 each, the cemetery has welcomed loved ones and their families for more than 100 years. Mountain View now encompasses nearly 60 gently sloping acres with a sweeping view of the Cascade mountain range. In the oldest section of the cemetery, you will find upright monuments and several Civil War Veterans’ graves. PRE-PLAN NOW WITH OUR CEMETERY TRUST SERVICE Mountain View Cemetery is proud to offer Cemetery Trust Services. Today's prices are guaranteed against inflation. Other benefits include: • Easing the financial burden for your family • Peace of mind and a reflection of your personal wishes • Flexibility. You may revoke, alter or amend your trust whenever and however you choose • Can be made on behalf of another person, such as a dependent, relative or friend • All trusts are invested according to state statute in a legally authorized banking institution You choose the items you want, such as: • A burial vault or liner • Opening and closing of a grave • Graveside committal preparation • Memorials and memorial setting fees • Vault installation • Taxes Property is not eligible. CEMETERY PROPERTY Mountain View is a self-supporting municipal cemetery offering an exceptional location, professional staff and fiscal responsibility. Operated as a separate City of Auburn enterprise, profits from any purchases go directly into the care and improvement of the cemetery. Cemetery Options Starting at Casket Burial $1995 Cremation Burial $695 Cremation Niche $695 Indoor Glass Front Niche $2195 Does not include open/close, liner (if applicable), recording fee and tax. MOUNTAIN VIEW MEMORIALS Mountain View Cemetery provides a full range of memorials for your selection. To ensure placement of a memorial for a holiday, birthday, anniversary or other special occasion, call our office at least six weeks in advance. Memorial Starting at Individual Memorial $515 plus setting fee Companion Memorial $860 plus setting fee Memorial Benches in select locations $1085 plus foundation, installation and tax Upright Monuments in select locations $1100 plus foundation installation and tax Approved Flower Vase $95 and up See examples of memorials at: www.MemoriesInGranite.com www.DesignMemorials.com A CARING & PROFESSIONAL STAFF A full-time staff of seven conduct about 300 interments annually, maintains the existing grounds and carries out new development projects. Contact the cemetery office for all planning needs. CEMETERY CARE Mountain View Cemetery is an endowed care facility. All above ground structures, roadways, turf and landscaping are maintained by cemetery staff. However, private property, such as individual headstones and vases, are owned by the respective family and their care is the responsibility of the family. MOUNTAIN VIEW WELCOMES FLORAL DECORATIONS Cut flowers in ground level vases are welcome as grave decorations all year. Artificial decorations are welcome in December, January, February and on all City-observed holidays. This policy was adopted to allow staff to mow and perform other maintenance tasks during the growing season. SPECIALITY AREAS Mountain View Cemetery offers a variety of specialized areas to suit a variety of needs. A northwest-themed Chapel of Memories Columbarium provides stunning views of Mt. Rainier and the Cascade Range with options for either indoor glass-front or outdoor granite-front niches. The beautiful and serene ForestWalk area is a wooded setting for informal urn placement and memorialization. Child’s Place is a specifically designed section for toddler and infant burial. The Veterans section is available to those currently enlisted and those who have been honorably discharged from the United States Armed Forces and is also available for spouses of those individuals. DI.C Page 43 of 50 Mountain View Cemetery offers pre-planned cemetery arrangements that considerably ease your family’s burden when a death occurs. Pre-planning allows you to discuss all your options in a comfortable setting, when emotions and stress are absent. 2020 Mountain View Drive Auburn WA 98001 253-931-3028 Office Hours: 8 a.m. - 4:30 p.m. www.mtviewcemeteryauburn.com Mountain View Cemetery CITY OF AUBURN DI.C Page 44 of 50 CITY OF AUBURN MOUNTAIN VIEW CEMETERY 2020 Mountain View Drive Auburn WA 98001 253-931-3028 Office hours: 8 a.m. - 4:30 p.m. www.mtviewcemeteryauburn.com Beautiful grounds, stunning views, caring staff. Services and features include burial and cremation plots, niches, memorials and more. Please join us for a special Easter Sunrise Service on Sunday, April 24 at 6:30 a.m. Morning refreshments will be provided Open to all faiths Mountain View Cemetery CITY OF AUBURN DI.C Page 45 of 50 CITY OF AUBURN MOUNTAIN VIEW CEMETERY 2020 Mountain View Drive Auburn WA 98001 253-931-3028 Office hours: 8 a.m. - 4:30 p.m. www.mtviewcemeteryauburn.com Beautiful grounds, stunning views, caring staff. Services and features include burial and cremation plots, niches, memorials and more. Please join us for a special Easter Sunrise Service on Sunday, April 8 at 6:30 a.m. Morning refreshments will be provided Open to all faiths Mountain View Cemetery CITY OF AUBURN DI.C Page 46 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: City Hall Phase 1 Remodel Project Bid Results* Date: September 17, 2012 Department: Planning and Development Attachments: Memorandum Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Please see attached memorandum. Please note that bid results information will be provided to the Committee at the meeting. Reviewed by Council Committees: Councilmember:Peloza Staff:Snyder Meeting Date:September 24, 2012 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 47 of 50 Memorandum TO: Councilmember Bill Peloza, Chair, Municipal Services Committee Councilmember Wayne Osborne, Vice-Chair, Municipal Services Committee Councilmember Largo Wales, Municipal Services Committee CC: Mayor Lewis FROM: Kevin Snyder, AICP, Director, Planning & Development Department DATE: September 18, 2012 SUBJECT: INFORMATION & DISCUSSION: City Hall Phase I Project Bid Results The bid opening for the City Hall Phase 1 Project is scheduled to occur on September 20, 2012. Per Mayor Lewis’ request, staff will present the bid results at the Committee’s September 24, 2012 meeting. Because the bid opening will occur after the submittal deadline for the Committee’s meeting packet, staff will provide the bid results information at the September 24, 2012 meeting. DI.D Page 48 of 50 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: September 18, 2012 Department: Police Attachments: MATRIX - last update 08.13.2012 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:September 24, 2012 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 49 of 50 MU N I C I P A L S E R V I C E S C O M M I T T E E P R O J E C T - G O A L M A T R I X NO . P R O J E C T D E S C R I P T I O N L E A D C O S T R E V I E W D A T E ES T . C O M P L . DA T E STATUS 10 P R e d L i g h t P h o t o E n f o r c e m e n t B o b L e e 1 0 / 2 2 / 2 0 1 2 Qu a r t e r l y R e p o r t s : Ja n ( P r e v O c t - D e c ) ; April (Prev Jan-Mar); July (P r e v A p r - J u n e ) ; Oc t o b e r ( P r e v J u l y - S e p t ) 2nd meeting of the month. Di s c u s s i o n t o b e h e l d a t C O W o n 7 / 3 0 / 1 2 . 20 P A n i m a l C o n t r o l a n d R e s c u e K e v i n S n y d e r T B D O n - G o i n g Co u n c i l m e e t i n g 6 / 2 1 a p p r o v e d 2 . 5 y e a r I L A f o r K i n g Co u n t y A n i m a l S e r v i c e s . O n 9 / 1 9 / 1 1 C o u n c i l a p p r o v e d Re s o l u t i o n N o . 4 7 4 7 f o r P r o f e s s i o n a l S e r v i c e s Ag r e e m e n t . ( A n i m a l S h e l t e r a n d S e r v i c e b e g i n n i n g Ja n u a r y 1 , 2 0 1 2 w i t h a c t u a l o p e r a t i o n s b e g i n n i n g Ja n u a r y 1 , 2 0 1 3 ) . R e v i e w e d 8 / 1 3 / 1 2 . 24 P F i r e w o r k s U p d a t e B o b L e e T B D O n - G o i n g Fi r e w o r k s s t a t u s u p d a t e d o n 8 / 1 3 / 1 2 . M a y o r t o s c h e d u l e M. I . T . m e e t i n g i n e a r l y 2 0 1 3 t o a d d r e s s f i r e w o r k s . 26 P G r a f f i t i P r o g r a m P l a n n i n g / P o l i c e O n - G o i n g H o t l i n e P h o n e N o . 9 3 1 - 3 0 4 8 E x t . 7 27 P A n i m a l C o n t r o l L i c e n s i n g Pr o g r a m M i c h a e l H u r s h 1 0 / 2 2 / 2 0 1 2 Qu a r t e r l y R e p o r t s : Ja n ( P r e v O c t - D e c ) ; April (Prev Jan-Mar); July (P r e v A p r - J u n e ) ; Oc t o b e r ( P r e v J u l y - S e p t ) 2nd meeting of the month. Re v i e w r a t e s t r u c t u r e , s o l i d w a s t e f u n d b a l a n c e a n d C P I app li c a t i o n . H a s t h e r e v i s e d R a t e M o d e l d o n e i t ' s job? 28 P S o l i d W a s t e R a t e R e v i e w S h e l l e y C o l e m a n 1 1 / 1 3 / 2 0 1 2 ap p l i c a t i o n . Ha s th e re v i s e d Rate Model done its job? Th e C o m m i t t e e a s a g o a l w i l l p u r s u e a m i n i m u m 1 0 % co m m e r c i a l s u b s i d y r e d u c t i on until the cross-sector co m m e r c i a l s u b s i d y i s r e m o v e d . T h r o u g h M S W M A C in p u t f r o m o t h e r c i t i e s w i l l h e l p C O A d e t e r m i n e i f i t w i l l ch a n g e t o d i r e c t b i l l i n g a n d t h i s w i l l b e i n c l u d e d i n t h e 20 1 2 r e v i e w i n J u n e . 29 P Go l f C o u r s e W o r k i n g C a p i t a l R e v i e w a n d Fu t u r e P l a n s Sh e l l e y C o l e m a n 1 0 / 2 2 / 2 0 1 2 O n - G o i n g Qu a r t e r l y R e p o r t s : Ja n ( P r e v O c t - D e c ) ; April (Prev Jan-Mar); July (P r e v A p r - J u n e ) ; Oc t o b e r ( P r e v J u l y - S e p t ) 2nd meeting of the month. 6/ 2 5 / 1 2 f o r g o l f c o u r s e o p e r a t i o n s m a r k e t i n g p l a n r e v i e w . 30 P S t r e e t M e d i a n M a i n t e n a n c e D a r y l F a b e r 1 0 / 8 / 2 0 1 2 Co m m i t t e e w i l l w o r k w i t h PCDC and PW to develop and im p l e m e n t s t a n d a r d i z e d a p p r o a c h t o s t r e e t m e d i a n ma i n t e n a n c e a n d a p p e a r a n c e . 31 P C e m e t e r y U p d a t e D a r y l F a b e r 9 / 2 4 / 2 0 1 2 M a r k e t i n g p l a n t o b e p r e s e n t e d o n 9 / 2 4 / 1 2 . 32 P T o w i n g B o b L e e 9 / 1 0 / 2 0 1 2 F o l l o w - u p r e p o r t f r o m 7 / 9 m e e t i n g . NO . I T E M O F I N T E R E S T 3 I S h o p p i n g C a r t U p d a t e R a n d y B a i l e y 1 / 1 4 / 2 0 1 3 Ja n u a r y ( P r e v J u l y - D e c ) , July (Prev Jan-June) 4 I O r d i n a n c e N o . 6 3 9 8 - P u l l T a b s D a n H e i d 2 / 1 1 / 2 0 1 3 An n u a l r e v i e w o f t a x a t i o n b a s i s t o d e t e r m i n e i f a n y ch a n g e s n e e d t o b e m a d e - d e p e n d e n t u p o n s t a t u s o f ec o n o m y . O r d i n a n c e N o . 6 3 9 8 w a s e n a c t e d 2 / 2 1 / 1 2 . La s t R e v i s i o n D a t e : 8 / 1 3 / 1 2 E: \ A G E N D A \ M u n i c i p a l S e r v i c e s P a p e r l e s s P a c k e t \ 2 0 1 2 \ 1 7  ‐   Se p t e m b e r  10\Resources\Matrix 8‐13‐12.xls E: \ A G E N D A \ M u n i c i p a l S e r v i c e s P a p e r l e s s P a c k e t \ 2 0 1 2 \ 1 7  ‐   Se p t e m b e r  10\Resources\Matrix 8‐13‐12.xls DI.E Page 50 of 50