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.
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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
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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
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ountain View Loop
Centennial Cir
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4th Slope
7th
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Veterans
6th
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Bissell Hill
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Cross
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9A9B
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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
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