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HomeMy WebLinkAbout01-27-2014 01-27-14 FINAL Agenda Packet Municipal Services Committee January 27, 2014 - 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. January 13, 2014 Minutes* III.ACTION A. Ordinance No. 6484* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 6.04.010 of the Auburn City Code relating to Animal Control Licensing B. Resolution No. 5025* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance and appropriation of grant funds in the amount of thirty six thousand two hundred sixty four dollars ($36,264.00), and authorizing the Mayor to execute an Interlocal Agreement between King County and the City of Auburn to accept said funds for implementation of the 2014 Waste Reduction and Recycling grant program C. Resolution No. 5026* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Services Contract with the Seattle-King County Department of Public Health for reimbursement of funds related to 2014 local Hazardous Waste Management program activities IV.DISCUSSION ITEMS A. Red Light Photo Enforcement* (Lee) B. Ordinance No. 6398 - Pull Tabs (Heid) C. AVHS Board Review / Animal Control Licensing Program* (Coleman) D. SCORE Jail Stats* (Coleman) E. Auburn Golf Course Financial Review* (Coleman) F. Cemetery Update* (Faber) G. Project Matrix* Page 1 of 94 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 2 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: January 13, 2014 Minutes Date: January 15, 2014 Department: Police Attachments: January 13, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:January 27, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 94 Page 1 of 4 Municipal Services Committee January 13, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:32 p.m. in Conference Room 3 of City Hall, 25 W est Main Street, Auburn, W A. A. Roll Call Members present : Chair Bill Peloza, Vice Chair W ayne Osborne and Member Claude DaCorsi. Staff present : Mayor Nancy Backus, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Parks, Arts and Recreation Director Daryl Faber, Finance Director Shelley Coleman, City Attorney Dan Heid, Maintenance and Operations Manager Randy Bailey, Auburn Golf Pro Chris Morris, Solid Waste and Recycling Supervisor Joan Nelson and Police Secretary/Scribe Terry Mendoza. Others present : Auburn Riverside High School students Ayanna Ford and Brittni W illiams, Auburn Valley Humane Society President Don Edwards, Auburn Valley Humane Society Executive Director Phil Morgan, Waste Management Public Sector Services Manager Laura Moser, and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. December 9, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. RESOLUTIONS A. Resolution No. 5021 (Faber) Parks, Arts and Recreation Director Daryl Faber briefed the Committee on Resolution number 5021 which authorizes the Mayor to execute an agreement between the City of Auburn and Golf Now, LLC for reservations, point of sale, and marketing software services related CA.A Page 4 of 94 Page 2 of 4 to the Auburn Municipal Golf Course. Staff met over the last 6 months regarding the various software programs used for tee time management, financial management and electronic marketing. Golf Now is the leading National firm in the Internet tee time reservations sys tems as well as point of sale for off site reservations. The Golf Now Point of Sale system meets the desired financial data, demographic and controls as required by the City of Auburn FInance Department. Over 100 Washington golf courses utilize Golf Now as their point of sales marketing provider including local courses in Renton, Tacoma, Kent and Tukwila. The 2-year agreement is a reciprocal agreement. They are provided with 2 tee times per day as their revenue so there is no exchange of funds. All other money that is booked on their system is received by the City through the City's financial system. Additionally, Golf Now is the owner of the Golf Channel so there are many opportunities for extensive marketing. Committee discussion followed. Vice Chair Osborne moved to forward to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Animal Control and Rescue (Lee) Assistant Chief of Police Bill Pierson reported on Animal Control and Rescue operations for the 4th quarter of 2013. The final quarter represents a full year of animal control services in the CIty of Auburn and statistics confirm the need for these services in our area. Statistics also show that the number of 911 dispatched calls and calls made directly to Animal Control Officer (ACO) George Winner decreased; however, all other types of calls increased. Also of note are the 4 wildlife-related calls received - 2 injured crows, a Canadian Goose, and a Sea Gull - all of which were taken to area animal hospitals for treatment. For the year, figures indicate that reports are up by 30% and there were more than one hundred infractions issued for 3 consecutive quarters. The majority of the infractions are for licensing and the number totals approximately 400. Chief of Police Bob Lee advised that the verification of these expired licenses will be labor intensive as there may be a legitimate reason depending on the status of the pet. Staff is currently working on a solution to handle the process such as utilizing the PD volunteers. Committee discussion followed and the following inquiry was made with a request for follow up. If the number of infractions issued totaled 172 and 103 of those were issued a charge of $50.00 each, what happened to the other 69? Staff will research and follow up directly with the Committee. B. Shopping Cart Update (Bailey) CA.A Page 5 of 94 Page 3 of 4 Maintenance and Operations Manager Randy Bailey provided a report on the bi-annual Shopping Cart status for 2013. There were two billings that occurred on September 23 and November 19 for shopping carts and shopping cart disposal fees, respectively. The total for shopping carts billed was $3,240.00 with $3,060.00 in payments received leaving an outstanding balance of $180.00. The total invoiced for shopping cart disposal fees was $490.00 with $70.00 in payments received leaving an outstanding balance of $420.00. Of the total $600.00 outstanding balance, $500.00 (equal to $150.00 for 5 carts + $350.00 disposal fee) is for Albertson's located in South Auburn. Committee discussion followed. C. AVHS Board Review / Animal Control Licensing Program (Coleman) Finance Director Shelley Coleman updated the Committee on the most recent Auburn Valley Humane Society (AVHS) Board meeting and Animal Control Licensing Program information through November, 2013. Chair Bill Peloza also invited AVHS President, Don Edwards, and AVHS Executive Director, Phil Morgan, to the table to participate in the discussion . The Shelter revenue, both operations and fund raising, through November, totaled $505,052.00 and represents 86% of the combined annual revenue budget of $585,445.00. A schedule summarizing the financial results was presented in the Committee's agenda packet. The board also approved the 2014 budget which included an approximately 12% increase in the operations budget. On the Animal Licensing Summary Report, Chair Peloza inquired about how to improve on the number of people licensing their pets and what entities can the City partner with to increase pet licensing. Chair Peloza commented that King County does not require a rabies shot, so why do we need the city to require a rabies shot for a pet license. Mr. Edwards commented that one of the hindrances in order to renew a pet license is that the city requires an owner to provide proof (a certificate or some type of document) of a rabies vaccination. Mr. Edwards further stated that not having a rabies shot is a low risk. State law requires that a pet receive a rabies shot but most municipalities do not request an actual document as proof of vaccination. Mr. Morgan added that other jurisdictions use the rabies vaccination as a way to regulate the mandate of getting a rabies shot by obtaining a license. Further, licenses are either used for identification purposes only or used for rabies management. Committee discussion followed with the subsequent requests: (1) Committee recommends revising the City Code by removing the rabies requirement in order to license a pet and Director Coleman will work with the City's Legal department to get this completed; and (2) the Committee recommends that AVHS visit all veterinary offices in Auburn to encourage and promote the marketing of licenses based on the code change. It was suggested that the AVHS contact the other city veterinarians after Council approves the city code CA.A Page 6 of 94 Page 4 of 4 change. The code revision will be an action item on the next Municipal Services Committee meeting agenda. D. Resolution No. 5025 (Coleman) Finance Director Shelley Coleman briefed the Committee on Resolution 5025 which authorizes the acceptance and appropriation of Grant Funds in the amount of thirty six thousand two hundred sixty four dollars ($36,264.00), and authorizes the Mayor to execute an Interlocal Agreement between King County and the City of Auburn to accept said funds for implementation of the 2014 Waste Reduction and Recycling grant program. The grant funding will be used for community education in the local schools and through community events. Events for 2014 include a community yard sale, sustainable movie night, residential recycling survey, bulky item collection, and outreach at City-sponsored activities. Committee discussion followed. E. Resolution No. 5026 (Coleman) Finance Director Coleman presented Resolution 5026 to the Committee. This is an annual services contract with the Seattle-King County Department of Public Health for local hazardous waste management. King County has extended $21,578.99 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and provide hazardous waste education to residents. Joan Nelson, Solid Waste and Recycling Supervisor, advised that Public Works will be taking the lead on this program and it will be focused in either the Lea Hill or North Auburn neighborhood. A 'neighborhood' consists of single family homes and a typical mailing can reach between 250-1000 households. Committee discussion followed. F. Project Matrix The following changes were identified for the Project Matrix: Item 3I: The review date was changed to 07/14/14. Item 4I: The review date was changed to 01/27/14. V. ADJOURNMENT The meeting was adjourned at 4:32 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, January 27, 2014 in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this day of January, 2014. Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe CA.A Page 7 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6484 Date: January 21, 2014 Department: Finance Attachments: Ordinance No. 6484 Budget Impact: $0 Administrative Recommendation: City Council adopt Ordinance No. 6484. Background Summary: Amendment to City Code requiring rabies vaccinations for animal licensing. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:January 27, 2014 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 8 of 94 - - - - - - - - - - - - - - - Ordinance No. 6484 January 21, 2014 Page 1 of 3 ORDINANCE NO. 6 4 8 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 6.04.010 OF THE AUBURN CITY CODE RELATING TO ANIMAL CONTROL LICENSING WHEREAS, the City enacted Ordinance No. 6424 and Ordinance No. 6457, adopting and amending different provisions pertaining to animal control; and, WHEREAS, Section 246-100-197 of the Washington Administrative Code (WAC) requires all dogs, cats, and ferrets to be vaccinated against rabies, and WAC 246-100-070 requires local jurisdictions to enforce this requirement; and, WHEREAS, the initial approach to the above referenced WAC provisions was to tie rabies vaccinations to animal licensing; and WHEREAS, in working with the Auburn Valley Humane Society and King County Animal Control, it is now felt that while rabies vaccinations should be required, as they are per Sections 6.04.015 and 6.04.210 of the Auburn City Code and consistent with the WAC provisions, rabies vaccinations should not be tied to, and be a requirement for, animal licensing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 6.04.010 ACC be and the same hereby is amended to read as follows: 6.04.010 License Required. It is unlawful for any person to own, keep, or have control of a dog or cat over the age of 8 weeks, whether confined or not, within the corporate boundaries of the City without having a current license tag attached to the ACT.A Page 9 of 94 - - - - - - - - - - - - - - - Ordinance No. 6484 January 21, 2014 Page 2 of 3 collar or harness which is worn by the dog or cat or having been lawfully implanted with a microchip. Any dog or cat which is off the premises of its owner must have a current license, regardless of its age. If any dog and/or cat which is required to be licensed is found without a current license, it may be seized and impounded by the animal control agency or the law enforcement agency of the City. Additionally, such seizure and impoundment will not preclude the issuance of a criminal complaint. Proof of rabies vaccination is required as a condition to obtaining a license. (Ord. 6457 § 2, 2013; Ord. 6424 § 3, 2012.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ NANCY BACKUS, MAYOR ACT.A Page 10 of 94 - - - - - - - - - - - - - - - Ordinance No. 6484 January 21, 2014 Page 3 of 3 ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ACT.A Page 11 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5025 Date: January 21, 2014 Department: Finance Attachments: Resolution No. 5025 Contract Budget Impact: $0 Administrative Recommendation: Approve Resolution No. 5025. Background Summary: King County requests to enter into an interlocal agreement with the City of Auburn for the 2014 Waste Reduction and Recycling (WRR) Grant Program. King County has appropriated $36,264.00 for the City to promote waste reduction and recycling to residents and schools. The grant funding will be used to support the following: Sustainable Movie Night, Community Yard Sale, Bulky Item Collection, Residential Recycling Survey, classroom presentations, outreach at City-sponsored events, and public place recycling. This WRR Grant provides a 25% match to Department of Ecology’s Coordinated Prevention Grant. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:January 27, 2014 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 12 of 94 -------------------------- Resolution No. 5025 January 2, 2014 Page 1 RESOLUTION NO. 5025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF THIRTY SIX THOUSAND TWO HUNDRED SIXTY FOUR DOLLARS ($36,264.00), AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS FOR IMPLEMENTATION OF THE 2014 WASTE REDUCTION AND RECYCLING GRANT PROGRAM. WHEREAS, King County and the City of Auburn have adopted the King County Solid Waste Management Plan, which includes recycling and waste reduction goals; and WHEREAS, in order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the suburban cities; and WHEREAS, this program provides funding to further the development of local waste reduction and recycling for Auburn businesses and residents; and WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: ACT.A Page 13 of 94 -------------------------- Resolution No. 5025 January 2, 2014 Page 2 Section 1. Pursuant to Chapter 35A.33 RCW, the City hereby approves the expenditure and appropriation of a total amount of THIRTY SIX THOUSAND TWO HUNDRED SIXTY FOUR DOLLARS ($36,264.00) which constitutes reimbursement of funds for implementing the 2014 Waste Reduction and Recycling Grant Program. Section 2. The Mayor of the City of Auburn is authorized to execute an Interlocal Agreement with King County for the reimbursement of said funds. A copy of said Agreement is attached hereto and designated Contract # 5637165 and is incorporated by reference herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation. Section 4. This Resolution shall be in full force and effect upon passage and signatures hereon. ACT.A Page 14 of 94 -------------------------- Resolution No. 5025 January 2, 2014 Page 3 Dated and Signed this _____ day of _________________, 2014. CITY OF AUBURN ___________________________________ NANCY BACKUS MAYOR ATTEST: ___________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney ACT.A Page 15 of 94 1 CONTRACT #5637165 INTERAGENCY AGREEMENT FOR 2014 Between KING COUNTY and the CITY OF AUBURN This one-year Interagency Agreement “Agreement” is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as “Party” or “Parties.” PREAMBLE King County and the City of Auburn adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Auburn by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. ACT.A Page 16 of 94 2 II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2014 shall not exceed $36,264. 2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds are not available until January 1, 2014, and 2014 funding is contingent upon King County Council approval of the 2014 King County budget. The County shall notify the City in writing of the funding status. 3. During this one-year grant program, the City will submit a minimum of one, but no more than four, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of four (4) progress reports and requests for reimbursement during the one-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2015. ACT.A Page 17 of 94 3 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City’s bid, award or contracting process. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2017. ACT.A Page 18 of 94 4 12. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County’s name and logo must appear on Kin g County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: “artwork provided courtesy of King County Solid Waste Division” and/or “text provided courtesy of King County Solid Waste Division.” 13. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City’s event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council’s yearly budget approval process. 17. This project shall be administered by Joan Nelson, Solid Waste & Recycling Supervisor; City of Auburn; 25 West Main Street; Auburn, WA 98001; Phone: (253) 931-5103; Email: jenelson@auburnwa.gov, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council’s yearly budget approval process. Provided that the funds are allocated through the King County Council’s yearly budget approval process, grant funding to the City will include a base allocation of $5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. ACT.A Page 19 of 94 5 2. The City of Auburn‘s budgeted grant funds for 2014 are $36,264. Unspent 2014 funds will not carry over to 2015. 3. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City’s name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: “artwork provided courtesy of the City of Auburn” and/or “text provided courtesy of the City of Auburn.” 5. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2014 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if execution by either Party does not occur until after January 1, 2014, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. A of the Agreement. ACT.A Page 20 of 94 6 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended onl y by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City’s execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. ACT.A Page 21 of 94 7 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. ACT.A Page 22 of 94 8 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Joan Nelson, Solid Waste & Recycling Supervisor City of Auburn 25 West Main Street Auburn, WA 98001 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County ______________________________________ BY___________________________________ (Title) Pat D. McLaughlin, Director Solid Waste Division For Dow Constantine, King County Executive ______________________________________ _____________________________________ Date Date ACT.A Page 23 of 94 ACT.A Page 24 of 94 ACT.A Page 25 of 94 ACT.A Page 26 of 94 ACT.A Page 27 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5026 Date: January 21, 2014 Department: Finance Attachments: Resolution No. 5026 Contract Budget Impact: $0 Administrative Recommendation: Approve Resolution No. 5026 Background Summary: Seattle-King County Department of Public Health requests to enter into a contract with the City of Auburn for the Local Hazardous Waste Management Program. King County has extended $21,578.99 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and provide hazardous waste education to residents. Neighborhood Natural Yard Care Program Three workshop presentations will be given to an Auburn neighborhood. The presentations will focus on various yard care techniques that contribute to environmental health and safety. The Water and Storm Utilities also contribute resources to this program. Residential Hazardous Waste Education Household hazardous waste education to residents will include: a postcard, flyer, or newsletter mailed to residents and a consultant to provide outreach at City-sponsored events. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:January 27, 2014 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINEDACT.B Page 28 of 94 ----------------------------- Resolution No. 5026 January 2, 2014 Page 1 of 2 RESOLUTION NO. 5026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SERVICES CONTRACT WITH THE SEATTLE- KING COUNTY DEPARTMENT OF PUBLIC HEALTH FOR REIMBURSEMENT OF FUNDS RELATED TO 2014 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM ACTIVITIES. WHEREAS, the Seattle King-County Department of Public Health has agreed to reimburse the City of Auburn in the amount of $21,578.99 for costs associated with the City’s Local Hazardous Waste Management Program; and WHEREAS, in order to accept the monies offered by the Seattle-King County Department of Public Health, it is necessary for the City to enter into a services contract which specifies the administrative procedures governing the reimbursement of funds spent in the City’s Local Hazardous Waste Management Program. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are authorized to execute the King County Contract for Services, a copy of which is attached hereto and designated Contract # EHS3366 and is incorporated by reference herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including providing for the expenditure and appropriation therefore in appropriate budget documents. ACT.B Page 29 of 94 ----------------------------- Resolution No. 5026 January 2, 2014 Page 2 of 2 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2014. CITY OF AUBURN ___________________________________ NANCY BACKUS MAYOR ATTEST: ___________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney ACT.B Page 30 of 94 Contract # EHS3366 Page # 1 of 9 King County Contract #EHS3366 Federal Taxpayer ID # Federal Sub-recipient - 91-6001228 No This form is available in alternate formats for people with disabilities upon request. 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Auburn (the “Contractor”), whose address is 25 W Main St., Auburn, Washington 98001-4998. The County department overseeing the work to be performed in this Contract is the Seattle-King County Department of Public Health (aka, Public Health - Seattle & King County, "PHSKC"). Contract Summary PHSKC Division: Environmental Health Project Title: Local Hazardous Waste Management Program Contract Amount: Twenty One Thousand Five Hundred Seventy Eight Dollars and Ninety Nine Cents Contract Start Date: 01/01/2014 Contract End Date: 12/31/2014 Fund Source Information FEDERAL: $ 0 COUNTY: $ 21,578.99 STATE: $ 0 OTHER: $ 0 Specific Funding Details (Award number, CFDA #, Amounts, Effective Dates) 1) Local Hazardous Waste Management program funding WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2014 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements •Exhibit A: Scope of Work •Exhibit B: Budget •Exhibit C: Invoice •Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00 AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. ACT.B Page 31 of 94 Contract # EHS3366 Page # 2 of 9 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor’s final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers ACT.B Page 32 of 94 Contract # EHS3366 Page # 3 of 9 among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference http://www.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor’s office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such ACT.B Page 33 of 94 Contract # EHS3366 Page # 4 of 9 visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor’s performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit conducted by the Washington State Auditor has been completed. B Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be ACT.B Page 34 of 94 Contract # EHS3366 Page # 5 of 9 insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, ACT.B Page 35 of 94 Contract # EHS3366 Page # 6 of 9 constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and provide required insurance documentation prior to the signing of this Agreement. XIII Assignment/Subcontracting A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B “Subcontract” shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term “subcontract” does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached, in every subcontract that relates to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, for services which relate to the subject matter of this Contract: “Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph.” XIV Nondiscrimination and Equal Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants ACT.B Page 36 of 94 Contract # EHS3366 Page # 7 of 9 and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County’s denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County’s Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited ACT.B Page 37 of 94 Contract # EHS3366 Page # 8 of 9 None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper and both sides of sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVII Contractor Certification ACT.B Page 38 of 94 Contract # EHS3366 Page # 9 of 9 By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CONTRACTOR FOR King County Executive Signature Date Name (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY ACT.B Page 39 of 94 EHS3366 – City of Auburn 1 EXHIBIT A SCOPE OF WORK CITY OF AUBURN 1/1/2014-12/31/2014 Background The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the “Program”). The purpose of this Exhibit is to define the relationship associated with the Program’s funding of City activities performed under the auspices of the Plan and as approved by the Program’s Management Coordination Committee (hereinafter referred to as the “MCC”). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Auburn will assist in the promotion of natural yard care to one Auburn neighborhood. The City will create and mail a newsletter, flyer or postcard about household hazardous waste to Auburn residents, and also hire a consultant to provide outreach, education and presentations at public events. Responsibilities of the Parties The City 1.The City shall develop and submit project proposals and budget requests to the Program’s Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2.For reimbursement the City shall submit the following to the Fund Manager: a)An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b)A brief description of activity accomplished and funds expended in accordance with the scope of work. c)Copies of invoices for expenditures or a financial statement prepared by the City’s finance department. The financial statements should include vendor ACT.B Page 40 of 94 EHS3366 – City of Auburn 2 names, a description of services provided, date paid and a check or warrant number. 3.The City shall notify the Fund Manager no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4.It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA’s Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5.The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City’s events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6.The City agrees to appropriately acknowledge the Program in all media produced – in part or in whole – with Program funds. The intent of this provision is to further strengthen this regional partnership in the public’s mind. 7.The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8.This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street, Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1.Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2.Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City’s invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Madelaine Yun ACT.B Page 41 of 94 EHS3366 – City of Auburn 3 LHWMP Program Director LHWMP Fund Manager 150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204 Seattle, WA 98109 Seattle, WA 98109 206-352-8163 206-352-7128 lynda.ransley@kingcounty.gov madelaine.yun@kingcounty.gov Paul Shallow LHWMP Contract Administrator 401 Fifth Avenue, Suite 1100 Seattle, WA 98104 206-263-8487 paul.shallow@kingcounty.gov ACT.B Page 42 of 94 EHS3366 – City of Auburn EXHIBIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Auburn 25 W Main Street, Auburn, WA 98001-4998 Component Description Budget Household Hazardous Waste Education $21,578.99 Household Hazardous Waste Collection TOTAL $21,578.99 ACT.B Page 43 of 94 EHS3366 – City of Auburn EXHIBIT C 2014 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From:City of Auburn 25 W Main Street, Auburn, WA 98001-4998 To:Madelaine Yun, Fund Manager Local Hazardous Waste Management Program in King County Seattle-King County Department of Public Health 150 Nickerson St., Suite 204 Seattle, WA 98109 Contract #EHS3366 Period of time: ___________________, 2014 to __________________________, 2014. In performance of a signed Contract between King County and the City of Auburn, I hereby certify that the following expenses were incurred during the above-mentioned period of time. ___________________________ ________________________ Signature Date Component Description Budget Current Expenses Previous Charges Balance Household Hazardous Waste Education $21,578.99 Household Hazardous Waste Collection TOTAL $21,578.99 For Health Department Use Only FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order #Invoice Date Invoice #Amount to be paid Oracle Requisition #Oracle Receipt #Oracle CPA # Local Hazardous Waste Management Program Approval: ____________________________________________ Madelaine Yun IHW-NR-0100 Date ACT.B Page 44 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Red Light Photo Enforcement Date: January 22, 2014 Department: Police Attachments: 4Q2013 PhotoSafe Report Dec 2013 RedFlex Financial Rpt Budget Impact: $0 Administrative Recommendation: For review and discussion only. Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:January 27, 2014 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 45 of 94 PhotoSafe Auburn Fourth Quarter Review January – December 2013 340 E Main Street, Auburn, WA 98002 DI.A Page 46 of 94 340 E Main Street, Auburn, WA 98002 PURPOSE The City of Auburn launched the Traffic Safety and Enforcement Camera program, PhotoSafe, on June 30th, 2006. Initially the program included two intersections. A third was added in December 2006. The program was expanded further and now includes a total of 17 cameras throughout the city. The primary goal of the program is to improve traffic safety through reduction of red light violations and associated collisions, and to reduce incidents of speeding in designated school zones. Today, the program includes three intersections and six school zones. All of the violations and infractions included in this report occurred between January 1 and December 31 of the year noted. INTERSECTIONS 2006 June Auburn Way South and 4thSE (two approaches) Auburn Way South and M St SE (two approaches) December Harvey and 8thNE (one approach) SCHOOL SPEED ZONES 2006 November Mt. Baker/Gildo Rey School Zone (two approaches) 2007 November Chinook Elementary School Zone (two approaches) Dick Scobee School Zone (two approaches) 2009 September Lea Hill Elementary School Zone (two approaches) Arthur Jacobsen School Zone (two approaches) 2011 September Lakeland Hills Elementary (two approaches) DI.A Page 47 of 94 340 E Main Street, Auburn, WA 98002 RED LIGHT Fourth Quarter 2009-2013 Red Light Violation Reductions 4th/AWS (SB) 4th/AWS (NB) M/AWS (NB) M/AWS(WB) 8th/Harvey (SB) Total 4th Quarter 2009 1,883 1,600 1,301 110 615 5,509 4th Quarter 2010 1,622 1,232 1,120 104 229 4,307 4th Quarter 2011 1,755 1,266 877 57 245 4,200 4th Quarter 2012 1,302 943 485 31 309 3,070 4th Quarter 2013 1,420 1,024 *528 95 321 3,388 % Reduction 2009- 2013 -24.6% -36.0% NA -13.6% -47.8% -38.5% *Due to construction the camera located at M St SE and Auburn Way S was inoperable until 6/20/2013. 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 4th/AWS (SB)4th/AWS (NB)M/AWS (NB)M/AWS(WB)8th/Harvey (SB) 4th Quarter 2009 4th Quarter 2010 4th Quarter 2011 4th Quarter 2012 4th Quarter 2013 NB = Northbound EB = Eastbound SB = Southbound WB = Westbound DI.A Page 48 of 94 340 E Main Street, Auburn, WA 98002 RED LIGHT Fourth Quarter 2009-2013 Red Light Violations vs. Infractions Issued 2009 2010 2011 2012 2013 Total Violations * 5,509 4,307 4,200 3,070 3,388 20,474 Infractions ** 4,709 3,530 3,313 2,257 2,585 16,394 % of Infractions Issued to Reported Violations 85.5% 82.0% 78.9% 73.5% 76.3% 80.1% *Violations are the total number of red light violations that occurred according to RedFlex. **Infractions are the total number of incidents that resulted in a ticket being issued. Violations may not be accepted due to unreadable or obstructed plates, emergency vehicles, or inclimate weather. 5,509 4,307 4,200 3,070 3,388 20,474 4,709 3,530 3,313 2,257 2,585 16,394 0 5,000 10,000 15,000 20,000 25,000 20092010201120122013Total Violations Infractions DI.A Page 49 of 94 340 E Main Street, Auburn, WA 98002 SCHOOL ZONE SPEED ENFORCEMENT Fourth Quarter 2009-2013 School Zone Violation Reductions Dick Scobee Chinook Mt. Baker Lea Hill Arthur Jacobsen Lakeland Hills 4th Quarter 2009 341 2,415 756 2,191 3,166 NA 4th Quarter 2010 180 1,274 722 2,488 3,929 NA 4th Quarter 2011 122 886 658 1,782 2,108 NA 4th Quarter 2012 118 668 508 1,692 944 327 4th Quarter 2013 131 438 575 1,794 807 322 % Reduction -61.6% -81.9% -23.9% *-27.9% *-79.5% **-1.5% *Lea Hill and Arthur Jacobsen reduction percentages were calculated by comparing 2010 to 2013. This is because both schools were activated in September of 2009. ** Lakeland Hills reduction percentage was calculated by comparing 2012 to 2013 because this school was not activated until September 2011. 0 500 1000 1500 2000 2500 3000 3500 4000 4500 Dick Scobee Chinook Mt. Baker Lea Hill Arthur Jacobsen Lakeland Hills 4th Quarter 2009 4th Quarter 2010 4th Quarter 2011 4th Quarter 2012 4th Quarter 2013 DI.A Page 50 of 94 340 E Main Street, Auburn, WA 98002 SCHOOL ZONE SPEED ENFORCEMENT Fourth Quarter 2009-2013 School Zone Violations vs. Infractions Issued 2009 2010 2011 2012 2013 Total Violations * 8,869 8,593 5,558 4,257 4,067 31,344 Infractions ** 7,162 7,413 4,561 3,658 3,650 26,444 % of Infractions Issued to Reported Violations 80.8% 86.3% 82.1% 85.9% 89.7% 84.4% *Violations are the total number of red light violations that occurred according to RedFlex. **Infractions are the total number of incidents that resulted in a ticket being issued. Violations may not be accepted due to unreadable or obstructed plates, emergency vehicles, or inclimate weather. 8,869 8,593 5,558 4,257 4,067 31,344 7,162 7,413 4,561 3,658 3,650 26,444 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 20092010201120122013Total Violations Infractions DI.A Page 51 of 94 340 E Main Street, Auburn, WA 98002 COLLISION DATA Fourth Quarter 2009-2013 Collision Data The following chart shows the number of reported collisions and injuries through the 4th Quarter of the years 2009 through 2013 at the three intersections that have PhotoSafe enforcement. M St SE & AWS 2009 2010 2011 2012 2013 Collisions 24 13 12 6 10 Injuries 8 8 4 4 5 4th St SE & AWS Collisions 12 7 3 17 10 Injuries 8 6 1 4 5 8th St NE & Harvey Rd NE Collisions 8 8 9 6 5 Injuries 2 5 2 0 0 DI.A Page 52 of 94 Prepared by the Finance Department 2013 Redflex Financial Performance Report to Municipal Services Committee Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total 2013 Year-to-date program financial performance Revenue from photo-enforcement [a](i)40,946$ 53,153$ 49,085$ 59,802$ 49,464$ 50,396$ 36,622$ 36,178$ 33,219$ 63,482$ 53,793$ 54,585$ 580,724$ Expenses City Payments to Redflex (ii)40,946$ 53,153$ 49,085$ 59,802$ 49,464$ 50,396$ 36,622$ 36,178$ 33,219$ 63,482$ 53,793$ 54,585$ 580,724$ Legal costs 139 80 100 11 41 30 72 37 174 30 61 39 815 Officer review 405 466 455 459 344 356 296 302 722 832 662 436 5,736 Admin overhead 5,186 6,712 6,205 7,534 6,231 6,348 4,624 4,565 4,264 8,043 6,814 6,883 73,409 Total [b] (iv)46,677$ 60,412$ 55,845$ 67,807$ 56,080$ 57,130$ 41,614$ 41,081$ 38,380$ 72,387$ 61,330$ 61,943$ 660,685$ - Revenue over/(under) expenses [a-b] (v)(5,731)$ (7,259)$ (6,760)$ (8,004)$ (6,616)$ (6,734)$ (4,991)$ (4,904)$ (5,160)$ (8,906)$ (7,537)$ (7,358)$ (79,961)$ Redflex Invoices As Invoiced to City 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 82,790$ 993,480$ Paid by City (iii)40,946 53,153 49,085 59,802 49,464 50,396 36,622 36,178 33,219 63,482 53,793 54,585 580,724 Difference between amounts invoiced and paid (41,844)$ (29,637)$ (33,705)$ (22,988)$ (33,326)$ (32,394)$ (46,168)$ (46,612)(49,571)$ (19,308)$ (28,997)$ (28,205)$ (412,756)$ Footnotes Life to Date Balance by Year Total i. Revenue from photo-enforcement fines Total 2011 (179,928)$ ii. As per the agreement between the City and Redflex, the City's payment to Redflex is the lesser of the monthly invoice from Redflex or the monthly revenue from photo-enforcement fines.Total 2012 (398,141) iii. As per the agreement between the City and Redflex, the difference between the City's payment and the amount invoiced is accrued and will be payable from future surpluses or from Total 2013 (412,756) photo-enforcement fines upon termination of the Redflex program.Total (990,824)$ iv. Total expenses, including program operating expenses and Redflex invoice payments by the City. v. Difference between Revenue (a) and Total expenses (b). DI.A Page 53 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: AVHS Board Review / Animal Control Licensing Program Date: January 21, 2014 Department: Finance Attachments: Memo Sales & Revenue Licensing Summary Volunteer Hrs AVHS Reports Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: For review and discussion only. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:January 27, 2014 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 54 of 94 Page 1 of 2 Interoffice Memorandum To: Municipal Services Committee From: Shelley Coleman, Finance Director CC: Nancy Backus, Mayor Date: January 23, 2014 Re: Auburn Valley Humane Society The Board of AVHS met on January 16, 2014 and will meet again on February 20, 2014. Attached are the charts and graphs summarizing the month of December and the results for the year for incoming and outgoing animal statistics. As in the previous reports dogs and ‘other’ types of animals are at net of 4 surplus for the year and cats had a net surplus of 110, down from 135 last month. There has been some movement in the cat population and there continues to be a good supply of adoptable cats. There were 23 feline and canine neuters and 23 spays in the month of December. There were also 6 other surgeries on injured or sick animals. There were 13 Euthanasia’s on medically untreatable, unmanageable, and aggressive animals. Shelter revenue, both operations and fund raising for the year totaled $538,394 representing 92% of the combined annual revenue budget of $585,445. Shelter operational expenses of $374,933 closed the year at 94% of the $397,803 annual operational budget. Fund raising expenses closed the year at $101,920, 71% of the $143,033 budget. A schedule summarizing the financial results is presented on the next page. DI.C Page 55 of 94 Page 2 of 2 Actual as BudgetActualOver% of 2013YTD 2013(Under)Budget Operations   Revenue398,595$ 395,085$ (3,510)$    99%   Expense397,803   374,933   (22,870)    94% 792$         20,152$    Fundraising   Revenue186,850$ 143,309$ (43,541)$  77%   Expense143,033   101,920   (41,113)    71% 43,817$   41,389$    Combined   Revenue585,445$ 538,394$ (47,051)$  92%   Expense540,836   476,853   (63,983)    88% 44,609$   61,541$    As of 12/31/2013 The 2014 budget was presented at the last Municipal Services meeting. There are several fund raising events planned in 2014. There is an upcoming event ‘Best in Show’ to be held in February at the Spunky Monkey and will be in conjunction with the Westminster dog show. Again, the first newsletter was out in December and is available on the web at: http://auburnvalleyhs.org/about/news-letter/ For the month of December, AVHS had 202 volunteers who spent 1,580 hours of volunteer hours or about 51 hours per day. Volunteers provide services from dog walking to handyman to events. Attached is the 2013 list of services and volunteer hours per service area. The Humane Society received over $ 500,000 in value for the services provided. They are instrumental in the function of AVHS. This report is as of the January 16th board meeting and has included information presented in the meeting packet. DI.C Page 56 of 94 2013 Budget Goal: $ 96,000 or more 2014 Budget Goal: $240,000 or more Year-to-Date Revenue 2013 (through December) = $154,475 Year-to-Date Licenses 2013 (through December) = 5,093 Year-to-Date Licenses 2012 (through December) = 6,786 as reported by King County CITY OF AUBURN PET LICENSING DECEMBER 2013 0 100 200 300 400 500 600 700 800 900 1000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s S o l d Month Pet License Sales By Month 2013 vs 2012 2013 Licenses Sold 2012 Licenses Sold $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 $18,000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Li c e n s e R e v e n u e Month Pet Licensing Revenue By Month 2013 2013 License Revenue DI.C Page 57 of 94 CITY OF AUBURN PET LICENSING DECEMBER 2013 0 2,000 4,000 6,000 8,000 10,000 12,000 $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 Ja n Fe b Ma r Ap r Ma y Ju n Ju l Au g Se p Oc t No v De c Nu m b e r o f L i c e n s e s S o l d Li c e n s e R e v e n u e Month Cumulative Pet Licensing Revenue & Sales 2013 vs 2012 2013 License Revenue (L) 2013 License Revenue (Budget Goal: $96,000) 2013 Licenses Sold (R) 2012 Licenses Sold (R) DI.C Page 58 of 94 Replacement Licensing Summary Report – Auburn, WA Clinic Clinic Name Unaltered Altered Activity from 12/1/13 through 12/31/13 Late FeesSeniorDisability Juvenile Pet License TotalService Excep PetData Corporate AUB900 PETDATA MAIL 6 147 36 $240.00 3 $2,640.00 $345.00 $30.00 0 $0.00 1 $0.00 193 $3,255.00 0 $0.00 $170.00 11 $1,890.00 77 AUB901 PETDATA ONLINE LICENSES 5 49 7 $60.00 0 $810.00 $45.00 $0.00 0 $0.00 0 $0.00 61 $915.00 0 $0.00 $135.00 9 $1,080.00 33 Subtotal PetData Corporate $60.00 $810.00 $45.00 $0.00 $0.00 $0.00 $915.00 $0.00 $135.00 $1,080.00 11 196 43 3 $300.00 $3,450.00 $390.00 $30.00 0 $0.00 1 $0.00 254 $4,170.00 0 $0.00 $305.00 20 $2,970.00 110 Municipal Locations AUB800 CITY HALL 6 75 39 $360.00 2 $2,250.00 $585.00 $30.00 4 $60.00 0 $0.00 126 $3,285.00 0 $0.00 $80.00 4 $0.00 0 Subtotal Municipal Locations $360.00 $2,250.00 $585.00 $30.00 $60.00 $0.00 $3,285.00 $0.00 $80.00 $0.00 6 75 39 2 $360.00 $2,250.00 $585.00 $30.00 4 $60.00 0 $0.00 126 $3,285.00 0 $0.00 $80.00 4 $0.00 0 Veterinary & Other Locations AUB002 A VALLEY ANIMAL HOSPITAL 0 4 4 $0.00 1 $120.00 $60.00 $15.00 1 $15.00 0 $0.00 10 $210.00 0 $0.00 $0.00 0 $0.00 0 AUB018 FOREST HILL VETERINARY HOSPITAL 0 4 0 $0.00 1 $120.00 $0.00 $15.00 1 $15.00 0 $0.00 6 $150.00 0 $0.00 $0.00 0 $0.00 0 AUB020 GREEN RIVER VETERINARY HOSPITAL 0 1 0 $0.00 0 $30.00 $0.00 $0.00 0 $0.00 0 $0.00 1 $30.00 0 $0.00 $0.00 0 $0.00 0 Subtotal Veterinary & Other Locations $0.00 $30.00 $0.00 $0.00 $0.00 $0.00 $30.00 $0.00 $0.00 $0.00 0 9 4 2 $0.00 $270.00 $60.00 $30.00 2 $30.00 0 $0.00 17 $390.00 0 $0.00 $0.00 0 $0.00 0 TOTAL REGISTRATIONS TOTAL REVENUE 17 280 86 7 $660.00 $5,970.00 $1,035.00 $90.00 6 $90.00 1 $0.00 $7,845.00 397 0 24 $0.00 $385.00 110 $2,970.00 $11,200.00 01/14/14 11:42:29Page:1 DI.C Page 59 of 94 DI.C Page 60 of 94 DI.C Page 61 of 94 DI.C Page 62 of 94 DI.C Page 63 of 94 DI.C Page 64 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: SCORE Jail Stats Date: January 21, 2014 Department: Finance Attachments: SCORE Jail Stats Memo Budget Impact: $0 Administrative Recommendation: For review and discussion only. Background Summary: Attached are 2013 SCORE financials and a memo with attachment summarizing request for additional SCORE staffing. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:January 27, 2014 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 65 of 94 DI.D Page 66 of 94 DI.D Page 67 of 94 DI.D Page 68 of 94 DI.D Page 69 of 94 DI.D Page 70 of 94 DI.D Page 71 of 94 DI.D Page 72 of 94 DI.D Page 73 of 94 DI.D Page 74 of 94 DI.D Page 75 of 94 Page 1 of 2 Interoffice Memorandum To: John Holman, Councilmember From: Shelley Coleman, Finance Director CC: Nancy Backus, Mayor Date: January 21, 2014 Re: SCORE SCORE is requesting an additional 15 staff members; 12 corrections and 3 administrative staff. The annualized cost for the 15 staff is $1,220,000. (I think it is best to refer to additional costs as an annual cost rather than a partial year. It is cleaner and easier to understand budget wise.) This staffing request is in addition to the 6 correction officers requested in the 2014 budget and 2 officers added mid-year 2013. The additional staff requests (23) increases the staffing at SCORE from 101 to 124, 22.8%, and are directly related to the increases in contracted beds. As Penny's memorandum states, the increase in population from the 450 contemplated in the budget to 550 is real and is directly related to contracted beds. During 2013 owner City ADP ranged from a low of 246 in March to a high of 307 in August, with the annual monthly average at 277 ADP. SCORE budgeted for 353 member city beds and includes a 15% reserve capacity. There is no reserve capacity contemplated for contract agencies and the member's available reserve is utilized for contract beds. Contract ADP has ranged from a low of 39 in January to a high of 221 in December. The bulk of these inmates (126) coming from the Department of Corrections (DOC) and followed by Fife (52). Attached are graphs showing member and contract agency ADP. The attached spread sheet provides an estimate of the costs and revenues associated with the contract beds. These numbers are based upon my assumptions given the knowledge provided in the 2014 budget, the Cost of Service and Contribution Analysis, and Penny's 1/17/2014 memorandum. SCORE does charge DOC and Fife for additional services and recently increased Fife's daily rate from $73 to $83. The recent spike in demand in beds is in part related to the problems in Snohomish County jail and the reduction of available beds at Pierce County. The staff to inmate ratio is high and needs to be addressed to ensure the safety of inmates and staff. Please note, however, that the jail has a unique design that provides economies by DI.D Page 76 of 94 Page 2 of 2 creating efficiencies in staff to inmate population. So SCORE should rate a bit higher in inmates per staff than jails that are not updated for this efficiency. How much I could not say. The bottom line is that the revenue derived from the contract beds is sufficient to cover the additional costs of having beds available. Contract revenue in excess of estimated revenue in 2013 may be used to bring staff on. Cautions: SCORE is adding over $3 million in annualized costs to house contract agencies. When adding permanent staff to increase capacity for contract agencies, SCORE should negotiate contracts that guarantee minimum populations to pay for the incremental costs. The same type of concept that is commonly used with water purchase contracts; take or pay. Contracts should be kept short term (1-2 years) or if longer term, the initial introduction rate should not be locked in. Should the contract agencies decrease the use of SCORE, then staffing may be decreased through lay off. There will be unemployment benefits associated with staff reduction that will continue until the former employee finds other employment or the benefit runs out. SCORE has a sunk cost associated with hiring CO's if they are not a lateral transfer due to the training required prior to staff going 'active'. DI.D Page 77 of 94 DI . D Pa g e 7 8 o f 9 4 DI . D Pa g e 7 9 o f 9 4 DI . D Pa g e 8 0 o f 9 4 DI . D Pa g e 8 1 o f 9 4 DI . D Pa g e 8 2 o f 9 4 AGENDA BILL APPROVAL FORM Agenda Subject: Auburn Golf Course Financial Review Date: January 21, 2014 Department: Finance Attachments: Working Capital Balance Sheet Rounds Played Copper Falls Budget Impact: $0 Administrative Recommendation: For committee review and discussion. Background Summary: The Golf Course ended 2013 with an operating loss of $317,352 compared to an operating loss of $365,034 for the same period last year and reflects an improvement in the year-to-date rounds played at the Golf Course (47,480 compared to 45,704 for the same period last year).* * All figures are preliminary pending the year-end close of 2013 books. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:January 27, 2014 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 83 of 94 BUDGET YEAR-TO-DATE ACTUAL VARIANCE TO BUDGET PERCENT OF BUDGET Green Fees 1,025,000 1,032,916 (7,916)100.8% Cart Rental 215,000 218,686 (3,686)101.7% Pro Shop Sales 156,500 149,651 6,849 95.6% Restaurant 56,000 51,503 4,497 92.0% Other 1,500 2,145 (645)143.0% Total Operating Revenue 1,454,000 1,454,900 (900)100.1% Salaries & Wages 611,627 587,205 24,422 96.0% Benefits 276,845 288,871 (12,025)104.3% Supplies 291,000 259,244 31,756 89.1% Other Service Charges 181,600 167,917 13,683 92.5% Interfund Charges for Services 164,500 164,496 4 100.0% Depreciation 325,000 304,519 20,481 93.7% Total Operating Expenses 1,850,572 1,772,251 78,321 95.8% Operating Income or Loss (396,572)(317,352)(79,220)80.0% Miscellaneous Revenue 45 445 (400)989.6% Debt Service Interest 385 438 (53)113.6% Total Non-operating Revenues (Expenses)45 445 (400)989.6% Net Income or (Loss)(396,527)(316,906)(79,621)79.9% Depreciation 325,000 304,519 20,481 93.7% Total Items Not Effecting Working Capital 325,000 304,519 20,481 93.7% Net Working Capital from Operations (71,527)(12,387)(59,140)17.3% Operating Transfers In 51,250 51,646 (396)100.8% Increase in Restricted Net Assets 0 0 0 0.0% Total Resources Other Than Operations 51,250 51,646 (396)100.8% Net Change in Restricted Net Assets 0 (26,695)26,695 0.0% Total Uses Other Than Operations 0 (26,695)26,695 0.0% Net Change in Working Capital (20,277)65,954 (86,231)-325.3% Working Capital, Beginning of Year 90,692 90,692 0 100.0% Working Capital, End of Period 70,415 156,646 (86,231)222.5% Net Change in Working Capital (20,277)65,954 (86,231)-325.3% * All figures are preliminary pending the year-end close of 2013 books. City of Auburn Working Capital Statement Fund 437 - Golf Course December 2013 * DI.E Page 84 of 94 Cash and Cash Equivalents 206,892 Customer Accounts Receivable 3,961 Fixed Assets, Land 2,229,636 Fixed Assets, Building & Equipment 6,620,691 Fixed Assets, Improvements 3,023,053 Fixed Assets, Accumulated Depreciation (3,531,251) 8,552,981 Current Account Payables 60,944 Deferred Revenue 119,473 Employee Leave Benefits 59,168 239,585 Contributed Capital 2,278,692 Retained Earnings 6,034,704 8,313,396 8,552,981 * All figures are preliminary pending the year-end close of 2013 books. City of Auburn Balance Sheet Fund 437 - Golf Course As of December 31, 2013 * DI.E Page 85 of 94 2011 2012 2013 January 701 1,125 1,277 February 1,545 1,687 1,764 March 2,183 1,939 2,548 April 3,215 3,920 4,007 May 4,887 5,545 5,994 June 6,956 5,873 6,605 July 8,058 7,531 7,686 August 7,612 7,447 7,181 September 5,179 5,716 4,235 October 2,805 2,503 3,243 November 1,321 1,546 1,921 December 1,506 872 1,019 Total 45,968 45,704 47,480 City of Auburn Rounds Played Fund 437 - Golf Course December 31, 2013 DI.E Page 86 of 94 Copper Falls 2013 Activity Annual Budget 2013 Jan - Dec 2013 % of Budget Restaurant 20,000.00 22,676.23 113.38% Banquet/Catering 15,000.00 12,410.18 82.73% Total 35,000.00 35,086.41 100.25% 2012 Activity Annual Budget 2012 Jan - Dec 2012 % of Budget Restaurant 53,600.00 16,993.92 31.71% Banquet/Catering 28,900.00 12,455.10 43.10% Total 82,500.00 29,449.02 35.70% DI.E Page 87 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Cemetery Update Date: January 23, 2014 Department: Parks, Art & Recreation Attachments: Cemetery Signs Working Capital Balance Sheet Internments Budget Impact: $0 Administrative Recommendation: For review and discussion only. Background Summary: The Cemetery ended 2013 with operating income of $44,917.00 compared to an operating loss of $170,738.00 for the previous year, reflecting an increase in operating revenue and a decrease in salaries/benefits expenditures.* Internments in 2013 total 226 (113 burials, 113 cremations) compared to 251 (110 burials, 141 cremations) in 2012. *All figures are preliminary pending the year-end close of 2013 books. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Faber Meeting Date:January 27, 2014 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 88 of 94 DI.F Page 89 of 94 BUDGET YEAR-TO-DATE ACTUAL VARIANCE TO BUDGET PERCENT OF BUDGET Lot Sales 260,000 374,994 (114,994)144.2% Openings & Closings 229,800 209,319 20,481 91.1% Marker Sales 100,000 158,882 (58,882)158.9% Other (settings, liners, vases, etc)169,000 200,452 (31,452)118.6% Total Operating Revenue 758,800 943,646 (184,846)124.4% Salaries & Wages 398,493 384,220 14,272 96.4% Benefits 188,760 191,257 (2,496)101.3% Supplies 191,300 143,864 47,436 75.2% Other Service Charges 77,620 65,508 12,112 84.4% Interfund Charges for Services 56,200 56,196 4 100.0% Depreciation 60,600 57,683 2,917 95.2% Total Operating Expenses 972,973 898,728 74,244 92.4% Operating Income or Loss (214,173)44,917 (259,090)-21.0% Miscellaneous Revenue 210 1,046 (836)497.9% Debt Service Interest 22,267 22,267 (0)100.0% Total Non-operating Revenues (Expenses)(22,057)(21,222)(835)96.2% Net Income or (Loss)(236,230)23,696 (259,926)-10.0% Depreciation 60,600 57,683 2,917 95.2% Total Items Not Effecting Working Capital 60,600 57,683 2,917 95.2% Net Working Capital from Operations (175,630)81,379 (257,009)-46.3% Operating Transfers In 320,000 0 320,000 0.0% Total Resources Other Than Operations 320,000 0 320,000 0.0% Increase In Fixed Assets - Construction 10,000 0 10,000 0.0% Total Uses Other Than Operations 10,000 0 10,000 0.0% Net Change in Working Capital 134,370 81,379 52,991 60.6% Working Capital, Beginning of Year 182,098 182,098 0 100.0% Working Capital, End of Period 316,468 263,477 52,991 83.3% Net Change in Working Capital 134,370 81,379 52,991 60.6% * All figures are preliminary pending the year-end close of 2013 books. City of Auburn Working Capital Statement Fund 436 - Cemetery December 2013 * DI.F Page 90 of 94 Cash and Cash Equivalents 295,219 Inventories 14,084 Fixed Assets, Land 342,836 Fixed Assets, Building & Equipment 1,022,267 Fixed Assets, Improvements 1,143,417 Fixed Assets, Accumulated Depreciation (1,363,388) Deferred Charges 4,477 1,458,913 Current Account Payables 45,826 Long Term GO Bonds Payable 501,367 Employee Leave Benefits 15,921 563,114 Contributed Capital 739,169 Retained Earnings 156,630 895,798 1,458,913 * All figures are preliminary pending the year-end close of 2013 books. City of Auburn Balance Sheet Fund 436 - Cemetery As of December 31, 2013 * DI.F Page 91 of 94 2011 2012 2013 January 21 21 18 February 17 17 14 March 19 21 26 April 29 18 12 May 21 21 18 June 24 20 21 July 24 24 25 August 22 28 21 September 24 17 17 October 20 21 17 November 15 27 15 December 15 16 22 Total 251 251 226 City of Auburn Interments Fund 436 - Cemetery December 31, 2013 DI.F Page 92 of 94 AGENDA BILL APPROVAL FORM Agenda Subject: Project Matrix Date: January 15, 2014 Department: Police Attachments: Project Matriix Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:January 27, 2014 Item Number:DI.G AUBURN * MORE THAN YOU IMAGINEDDI.G Page 93 of 94 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. DATE STATUS 10P Red Light Photo Enforcement Bob Lee 1/27/2014 Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. The amended contract expires 5/31/14. City will initiate RFP process. 20P Animal Control and Rescue Bob Lee 4/14/2014 On-Going Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 1st meeting of the month. 21P AVHS Board Review and Animal Control Licensing Program Shelley Coleman 1/27/2014 On-Going Monthly staff report to be provided after the 3rd Thursday of the month. 24P Fireworks Update Bob Lee 6/9/2014 On-Going The Council Operations Committee/MIT met on 5/28/13. Further MIT Fireworks improvements were announced. 28 P Solid Waste Rate Review Shelley Coleman 3/24/2014 Through MSWMAC input from other cities will help COA determine if it will change to direct billing. New rates will go into effect January 1 (2013 & 2014). Annual rate increases are planned in the next 4-5 years to end the commercial subsidy for residential service. 29P Golf Course & Restaurant Working Capital Review and Future Plans Shelley Coleman 1/27/2014 On-Going Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. 31P Cemetery Update Daryl Faber 1/27/2014 Quarterly update to review Marketing Plan. 2nd meeting of the month. NO.ITEM OF INTEREST 3 I Shopping Cart Update Randy Bailey 7/14/2014 January (Prev July-Dec), July (Prev Jan-June). 4 I Ordinance No. 6398 - Pull Tabs Dan Heid 1/27/2014 Annual review of taxation basis to determine if any changes need to be made -dependent upon status of economy. Ordinance No. 6398 was enacted 2/21/12. 6I SCORE Jail Stats Shelley Coleman 1/27/2014 Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan- Mar); July (Prev Apr-June); October (Prev July-Sept) 2nd meeting of the month. Review SCORE Jail statistics. 8I Street Sweeping Schedule Randy Bailey 3/24/2014 Review street sweeping schedule. Last Revision Date: 1/14/2014 E:\AGENDA\MunicipalServicesPaperlessPacket\2014\02-January 27\Resources\Matrix 01-14-14.xls DI.G Page 94 of 94