Loading...
HomeMy WebLinkAbout03-24-2014 MUNICIPAL SERVICES COMMITTEE AGENDA PACKET Municipal Services Committee March 24, 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. February 24, 2014 Minutes* B. Contract for False Alarm Billing & Tracking Services* (Lee) III.ORDINANCES A. Ordinance No. 6503* (Lee) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 9.78.010 of the Auburn City Code relating to Disorderly Conduct. IV.RESOLUTIONS A. Resolution No. 5041* (Faber) A Resolution of the City Council of the City of Auburn, Washington authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and the Auburn Symphony Orchestra. B. Resolution No. 5056* (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement by and between the City of Auburn and the Muckleshoot Indian Tribe for Police Services. V.DISCUSSION ITEMS A. Curfew ACC 9.10.080* (Lee) B. Resolution No. 5048* (Faber) A resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Cultural Development Authority of King County ("4Culture") and authorizing the Mayor and City Clerk to execute the necessary contracts to accept said funds. C. Solid Waste - Rate Subsidy* (Coleman) D. Resolution No. 5053* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Page 1 of 90 Mayor to execute an agreement between the City of Auburn and King County for the 2014-2019 Parks Property Tax Levy allocation E. Project Matrix* VI.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 90 AGENDA BILL APPROVAL FORM Agenda Subject: February 24, 2014 Minutes Date: February 28, 2014 Department: Police Attachments: February 24, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:March 24, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 90 Municipal Services Committee February 24, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member Claude DaCorsi. Staff present: Mayor Nancy Backus, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, City Attorney Dan Heid, Finance Director Shelley Coleman, Parks, Arts & Recreation Director Daryl Faber, Arts & Events Manager Julie Krueger, Arts Coordinator Maija McKnight and Police Secretary/Scribe Heather Shaw. Others present: Auburn Symphony Board member Nancy Colson and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. February 10, 2014 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Resolution No. 5041 (Faber) Parks, Arts & Recreation Director Daryl Faber briefed the committee on Resolution No. 5041 which authorizes the Mayor and City Clerk to execute an agreement between the City of Auburn and the Auburn Symphony Orchestra (ASO) for tourism promotion services. For the past several years the City has provided the ASO with financial support for concert performing arts venue's through the Parks Department budget process. Any future proposed agreement will Page 1 of 3 CA.A Page 4 of 90 provide specific scope of services that outlines deliverables, services, marketing, outreach and performance measures. The committee expressed an opinion that the proposed Resolution 5041 and Agreement (Exhibit A) didn't fit a tourism contract package with the ASO. The committee recommended that a different type of agreement be created for the ASO funding mechanism. The committee commented on the following: 1) Concerned that the 13% marketing goal by ASO fell short of a robust marketing campaign and suggested that this be a higher percentage in an effort to expand the ASO attendance base; 2) Felt that the ASO web page was out of date and needed revision to attract more people to concerts; 3) A current marketing Budget is needed to compliment the ASO business plan; 4) Vertical Spreadsheet provided with concert dates and other statistics from 2010 was incomplete and needs to include current events; 5) Because of a history of not filling the Performing Arts Center (PAC) with a reasonable attendance, it was suggested that the ASO consider going to only one (1) performance on a concert weekend, in as much as the PAC has approximately 1,000 seat capacity. It is reasonable that this action will save ASO funds that can be used for other planning. ASO will review this suggestion and provide further information to the committee; 6) It was noted that past city sponsorships lacked appropriate recognition of marketing media; 7) Annual ASO Fund Raisers were requested to be held in the City; 8) Complimentary ticket distribution was requested as a marketing tool and as a method to bolster symphony culture in the community and elsewhere as needed, and 9) In the September and October time frame of each year, ASO will provide a Financial Report to the City that reflects the funds allocated to the ASO. Staff will provide a revised ASO funding agreement plan to the committee by March 17, 2014 for review prior to the scheduled Municipal Services Committee on Monday, March 24, 2014. Committee discussion followed with no further action taken. IV. DISCUSSION ITEMS A. False Alarm Prevention Program (Lee) Bill Pierson, Assistant Chief (AC) of Police, reported on the False Alarm Prevention Program. Each year the Auburn Police Department responds to hundreds of false alarm calls. As a result, the City enacted Ordinance No. 6216 in 2009 to address this issue and help reduce these types of calls. Since implementation of this Ordinance, the City has issued a total of 8,430 alarm permits. Of this total, 466 alarm permits have been suspended due to non-payment or excessive false alarms. Between 2008 and 2013, false alarm calls have decreased by 63.0 percent. Chair Peloza remarked that a citizen inquired about the possibility for the City to consider changing Page 2 of 3 CA.A Page 5 of 90 to one false alarm per year. AC Pierson commented that one of the benefits to this Ordinance is that it holds citizens accountable for maintaining their alarm equipment. The policy is a reminder to citizens about the importance of having an alarm system and maintaining communication with the alarm company in order to avoid false alarm charges. Committee discussion followed and concluded that the False Alarm policy will remain "as is". B. AVHS Board Review / Animal Control Licensing Program (Coleman) Finance Director Shelley Coleman provided a review on the Animal Control Licensing Program. Figures through January 2014 show an increase in License sales over the same period in 2013. It is anticipated that we will receive more licensing revenue this year over 2013 because of familiarity of the city animal shelter and the removal of the Rabies Certification requirement. Additionally, Director Coleman requested at last week's AVHS Board meeting that AVHS include a 'licensing clinic' at all of their community events in order to promote pet licensing. Mayor Backus inquired about moving the monthly report on Animal Control Licensing to a quarterly report. Committee discussion followed and it was agreed that the written report for the animal control licensing program be provided quarterly. However, all statistical data will be provided monthly to the committee for tracking purposes of License sales for measuring the rabies certification policy change. C. Project Matrix The following change was identified for the Project Matrix: Item 4I: Review date updated. NOTE: The Municipal Services Committee will not meet on March 10, 2014. V. ADJOURNMENT The meeting was adjourned at 4:55 pm. The next regular meeting of the Municipal Services Committee is scheduled for Monday, March 24, 2014 in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this ________ day of March, 2014. ________________ _______________________________ Bill Peloza, Chair Heather Shaw, Police Secretary/Scribe Page 3 of 3 CA.A Page 6 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Contract for False Alarm Billing & Tracking Services Date: March 19, 2014 Department: Police Attachments: Contract for False Alarm Billing/Tracking Services Budget Impact: $0 Administrative Recommendation: Council approve the contract for False Alarm Billing and Tracking services. Background Summary: The city currently contracts with a third party administrator, AOT Public Safety Corporation (PSC), for false alarm billing and tracking services. The contract is due to expire soon and a new contract has been reviewed by the City's Legal division and PSC. The original contract was previously approved as a 'Consent Agenda' item by the City Council. Reviewed by Council Committees: Municipal Services Other: Legal Councilmember:Peloza Staff:Lee Meeting Date:March 24, 2014 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 7 of 90 City of Auburn/PSC Page 1 of 13 CONTRACT FOR FALSE ALARM BILLING AND TRACKING SERVICES THIS CONTRACT FOR FALSE ALARM TRACKING AND BILLING SERVICES (this “Contract”) made and entered into this _____ day of _______, 2014, by and between the City of Auburn, a Washington municipal corporation ("Auburn") and AOT Public Safety Corporation ("Contractor” or “PSC”), a corporation of the State of Maryland with its principal offices located in Waldorf, Maryland. W I T N E S S E T H: Whereas, Chapter 9.30 of the City Code regulates alarm systems and false alarms; and Whereas, PSC has been the City’s contracted manager for enforcement of the False Alarm Ordinance since May 2009; and Whereas, the parties wish to renew the contract for up to another five years. Now, Therefore, the parties agree as follows: 1. Term. The term of this Contract shall commence as of the date first written above (the “Effective Date”) and unless terminated as herein provided shall exist and continue for an initial term of one (1) year. Auburn shall have the right at its option to extend the Contract for additional periods of one (1) year each upon the same terms and conditions. The total contract period shall not exceed five (5) years from the Effective Date. The option shall be deemed exercised in each successive year upon written notice by Auburn to the Contractor. The notice shall not be later than sixty (60) days prior to the expiration of the then effective remaining term. 2. Contract Documents and Order of Precedence. The contract documents consist of the following Attachments which are incorporated into the Contract by this reference: A. Attachment A, describes the Scope of Services to be provided by the Contractor and the City’s operational responsibilities; Attachment B, Payment Terms; and, Attachment C, including the original Auburn Request for Proposals (RFP) for a Contract for False Alarm Administration Services; and the Contractor’s original response to the RFP under its proposal to the City of Auburn (Proposal);. B. The Order of Precedence shall be as follows: (1) this Contract; (2) Attachments A and B; (3) the RFP; and, (4) the Proposal. 3. Alarm Management Scope of Services. A. The Contractor shall provide the False Alarm Administration Services (FAAS) in accordance with the Scope of FAAS Services described in Attachment A. CA.B Page 8 of 90 City of Auburn/PSC Page 2 of 13 B. The Scope of FAAS Services shall assist Auburn in managing its Alarm Ordinance to include, without limitation, registration of responsible persons (including individuals, businesses and government agencies) who use alarm systems, issuance and notification of alarm permits and permit fees, issuance and notification of false alarm penalties in accordance with the Alarm Ordinance and at the direction and under the supervision of Auburn’s Alarm Administrator, maintenance of a database of registered persons who use alarm systems, management of false alarm occurrences, collection of fees the collection and enforcement of penalties for violations, generating performance and outcome reports and assuring the availability to Auburn of false alarm information, all as more specifically described in Attachment A - Scope of FAAS Services. 4. Software license. Auburn shall be licensed and authorized to use the Software and any additional specific customization and development provided as part of the FAAS Services, all in accordance with Attachment A. The license shall cover all the Software, including, without limitation, software interfaces and software modifications. The scope of the license is non-transferable and non- exclusive and is authorized by PSC for use by Auburn to access its false alarm information. 5. Duration of the Software License. Auburn shall have the right to use the Software in accordance with Attachment A for so long as the Contractor provides FAAS Services to Auburn or in accordance with the Termination provisions in this Contract. This license shall apply for the duration of the Contract and any extensions provided for herein or agreed to in writing by the parties. In the event the business relationship with PSC is terminated or ended for any reason, Auburn’ license rights to use the Software shall likewise terminate except as provided for in this Contract, including Attachment B. 6. Modification of the Software. A. Modifications or adaptations of the Software shall be limited to creating interfaces between the Software and Auburn‘s computer systems required to import or export data in order to implement the Software. Software "customization" includes, without limitation, adaptations necessary to meet the requirements established by Auburn for reasonable program, technical, and/or legislative changes. B. Auburn shall retain a nonexclusive License to use the modified and/or "customized" interfaces with the Software, provided, however, the use of the original Software with such adaptations in any projects other than the management of the Alarm Ordinance shall be subject to additional compensation to PSC in an amount and subject to terms to be determined by the parties in writing prior to any such additional use. 7. Protecting Confidential Information. The proprietary information of both parties, PSC and Auburn, is and shall remain the valuable intellectual property of each respective party. Except as required by law, neither party shall disclose any such information to any third party for any reason without the express written consent of the other party and shall only use proprietary information for internal purposes to facilitate and assist PSC and Auburn staff in the administration of the Alarm Ordinance. In CA.B Page 9 of 90 City of Auburn/PSC Page 3 of 13 addition, the parties shall provide reasonable safeguards to protect their respective software, hardware systems and data from unauthorized intrusion by third parties. PSC acknowledges that Auburn is subject to Washington’s Public Records Act, Chapter 42.56 of the Revised Code of Washington. If Auburn gets a request for records that contains PSC’s confidential information, Auburn will notify PSC of that request and Auburn’s proposed response. Auburn shall give PSC 10 calendar days to obtain an injunction prohibiting the release of records. PSC shall be responsible for all litigation costs related to its decision to seek to enjoin release of records. If Auburn is assessed penalties or costs as a result if PSC’s actions to enjoin release of records, PSC shall reimbuse Auburn for those penalties or costs. Names, addresses, type of alarm, identification information of any alarm monitoring company, or identification information of any person cited under the Alarm Ordinance shall not be released, exhibited or sold to a third party by PSC. All data received hereunder shall be made a part of the Auburn’s permanent records and files and preserved therein for a period in accordance with the requirements of Washington law, Auburn will inform PSC of the required retention time in writing as soon as that information is released by the Washington Secretary of State. 8. Reproduction and Copyright. A. The Software is protected under the Copyright and Patent laws of the United States, and as extended by treaty, with Canada. Auburn may not copy, or allow anyone else to copy or otherwise reproduce, any part of the Software without the prior written consent of PSC, except to store and/or install a copy of the Software on a storage device, such as a network server, used only to run the Software on other computers over an internal network and except for two copies for back-up or archive purposes. B. Auburn may copy the licensed Software as necessary to its hard disks or other such storage medium to efficiently operate the Software on Auburn’s single-user system, multiple-user system, or network. The Software shall be copied as a whole, and the use of the copies shall be governed by this Contract. All other copying is prohibited. 9. Limitations on the Use of the Software. Auburn may not reverse engineer, decompile, or disassemble the Software. The Software is licensed as a single product. Its component parts may not be separated. 10. Notices of Intellectual Property Rights. Auburn shall assure that PSC’s notices of intellectual property (e.g., patent, trademark, and copyright notices) provided by PSC, if any, shall remain visible on the Software when displayed electronically, or when output created by it, is printed. 11. Payment. Auburn shall pay the Contractor for the FAAS Services described, in accordance with Attachment B ("Payment Terms"). Auburn is a Washington public entity and all financial CA.B Page 10 of 90 City of Auburn/PSC Page 4 of 13 obligations extending beyond the current fiscal year are subject to funds being budgeted and appropriated therefore. 12. Collection of Fines. Auburn shall support the collection of false alarm fees and fines in accordance with the Alarm Ordinance and at the direction of the Alarm Administrator. If Auburn directs PSC to engage a third-party collection organization for delinquent amounts, Auburn shall cause the necessary legislative and administrative procedures to be enacted and/or adopted in order to delegate to the Contractor the authority to collect unpaid fees on behalf of Auburn. 13. Confidentiality of Auburn False Alarm Data. Any false alarm collection data provided to the Contractor during the performance of the FAAS Services shall be used only in a manner consistent with this Contract, and no false alarm collection data shall be disclosed without the prior written consent of Auburn. If such disclosure is compelled or required in any judicial or administrative proceeding, the Contractor shall, before disclosing such information, first notify Auburn and give Auburn an opportunity to object to the disclosure. In the event Auburn objects to such disclosure, it shall notify the Contractor that it will indemnify it for any costs and expense incurred, including, without limitation, the cost of attorney fees expended in the defense of any action or proceeding, or relating to the refusal to disclose such information. 14. Auburn Responsibilities. Reserved. 15. Auburn Alarm Administrator. To facilitate effective communication between Auburn and the Contractor, and in accordance with the Alarm Ordinance, Auburn shall designate an Alarm Administrator. The Alarm Administrator shall have the power and authority to make decisions relating to the FAAS Services. A secondary Alarm Administrator will also be designated to act on behalf of the Alarm Administrator when the primary Alarm Administrator is unavailable. The Alarm Administrators shall be designated by the Chief of Police. 16. Resolution of Disputes. A. Mediation. In the event of a dispute between the parties concerning any matter arising under this Contract, the parties shall proceed to good-faith mediation of the dispute. The mediation venue shall be Auburn, Washington. The cost of mediation shall be shared equally. If mediation is ineffective, either party may avail themselves of all legal remedies. 17. Termination. A. By Auburn. Auburn may terminate this Contract for any reason and at any time by giving at least sixty (60) days written notice to the Contractor of such termination and specifying the effective date thereof. If the Contract is terminated by Auburn, the Contractor will be paid for any services already performed. The Contractor shall be liable to Auburn for any damages sustained by CA.B Page 11 of 90 City of Auburn/PSC Page 5 of 13 Auburn by virtue of any breach of the Contract by the Contractor. In addition, to other remedies it may have in law or equity, Auburn may withhold payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due Auburn from the Contractor is determined. B. PSC and the City agree that should ordinance changes or procedure changes be effected in the Alarm management ordinances, the City and/or PSC shall have the option to request changes to the operating agreement parameters.By the Contractor for Cause. If Auburn substantially changes the Alarm Ordinance by reducing or eliminating the system of false alarm fees collected through its administrative process, the Contractor shall provide thirty (30) days prior written notice that false alarm fee collections have not been made in accordance with this Contract. If enforcement procedures and/or collection obligations are not changed to the reasonable satisfaction of the Contractor, the Contractor may terminate this Contract after a further thirty (30) day written notice to Auburn. 18. Rights upon Termination. A. If the Contractor is entitled to terminate this Contract, the Contractor shall offer Auburn an option, which must be exercised within thirty (30) calendar days after the Notice of Termination, to purchase a conditional, uninterrupted, non-exclusive and non-transferable license to use the proprietary FAAS Software, CryWolf®, as necessary to support and administer Auburn’s Alarm Ordinance conditional on the payment of initial and annual license and services fees at the Contractor’s then prevailing rates. Payment of the fees shall be within thirty (30) calendar days of the expiration of each prior paid year. B. If Auburn terminates this Contract or if the Contractor terminates for cause, Auburn, in addition to payment of false alarm collections owed to the Contractor through the date of termination, shall undertake good faith efforts to collect any FAAS Service fees and civil penalties for Ordinance violations billed, but not yet collected, through the date of termination, in order to pay the Contractor, all amounts due the Contractor as a result of efforts engaged in by the Contractor on Auburn’s behalf. 19. Indemnification. A. The Contractor shall indemnify, hold harmless, and defend Auburn, its elected and appointed officials, employees, agents and successors in interest from all claims, damages, losses and expenses including attorneys fees, arising out of or resulting, directly or indirectly, from the Contractor’s (or Contractor's subcontractors, if any) performance or breach of the Contract provided that such claim, damage, loss, or expense is not caused by the negligent act or omission or willful misconduct of Auburn or its elected and appointed officials and employees acting within the scope of their employment. This Hold Harmless and Indemnification provision shall in no way be limited by any financial responsibility or insurance requirements and shall survive the termination of this Contract. B. In the event that a claim is made against the Contractor, which arises out of the negligence or willful misconduct of Auburn or any of Auburn’s employees, Auburn shall indemnify the Contractor to the extent Auburn is liable under the law. C. Any party seeking indemnification shall promptly notify the other party of its discovery of any matter-giving rise to a claim of indemnity. For each individual claim, the indemnifying party shall have no obligation to the other or to any third party with respect to any expenses incurred by or on behalf of the other or its assumption of control of the defense of the CA.B Page 12 of 90 City of Auburn/PSC Page 6 of 13 claim, or with respect to any compromise or settlement made, without the prior written consent of both parties. 20. Patent infringement. The Contractor shall indemnify Auburn, its elected and appointed officials, officers, employees, agents, and successors in interest from and against all damages and expenses resulting from any infringement action brought against the Contractor, or against Auburn to the extent that any such action is predicated on the use of Contractor’s software, during the term of this Contract. This Hold Harmless and Indemnification provision shall in no way be limited by any financial responsibility or insurance and shall survive termination of this contract. 21. Limitation of Liability. In no event shall either Party be liable to the other for consequential, special, or incidental damages arising out of or relating to performance and nonperformance. This limitation shall apply regardless of the form of action, whether in contract or in tort, including negligence or misrepresentation. 22. Insurance. This Contractor shall provide and maintain in full force and effect at no additional cost to Auburn for the duration of the Contract commercial general liability insurance or comprehensive general liability insurance with a minimum limit of $1,000,000 per occurrence for bodily injury and damage to property including contractual liability, premises/operations, products/completed operations, independent contractors, broad form property damage, and personal injury coverage and a minimum aggregate amount of $1,000,000 or commercial/comprehensive general liability insurance plus additional excess umbrella liability insurance to meet these limits. The Contractor agrees that it shall add Auburn, its elected and appointed officials, officers, employees, agents, and successors in interest to the Contractor’s liability insurance policies as additional insureds. The Contractor shall require its insurance carrier or agent to certify that this requirement has been satisfied on all Insurance Certificates issued under this Contract. Before any work is initiated and before any invoices are paid for work performed under this Contract, the Contractor shall provide written proof of compliance with the above insurance requirements by delivering to: City of Auburn Police Department Attention: Assistant Chief William T. Pierson 340 East Main Street Suite 201 Auburn, Washington 98002 a copy of a certificate or certificates of insurance completed by its insurance carrier or agent certifying that minimum insurance coverages as required above are in effect and that the coverage will not be canceled or changed until thirty (30) days after written notice is given to Auburn. The Contractor shall maintain, update, and renew the Certificate(s) for the term of this Contract. CA.B Page 13 of 90 City of Auburn/PSC Page 7 of 13 23. Assignment. This Contract shall not be assigned to any third party without prior written consent, which may be withheld in the sole and absolute discretion of either party. 24. Attorney's Fees. Should the parties or either of them employ an attorney to enforce by litigation in a court of competent jurisdiction, any of the contract provisions because of a disputed matter arising under this Contract, to assert damages for the breach of the Contract, or in order to obtain injunctive relief, then the prevailing party shall be entitled to recover reasonable attorney's fees, costs, charges, and any expenses expended or incurred. 25. Notices. Wherever under this Contact one party is required or permitted to give notice to the other, such notice shall be deemed given when delivered in hand or when mailed, by United States mail, certified, return receipt requested, postage prepaid, and addressed as follows: In the case of the Contractor: Public Safety Corporation 103 Paul Mellon Court Waldorf, Maryland 20602 Attention: Contract Administration In the case of Auburn: City of Auburn Police Department Attention: Assistant Chief William T. Pierson 340 East Main Street Suite 201 Auburn, Washington 98002 26. Governing Law . The substantive laws of the State of Washington shall govern this Contract without regard to the law of conflicts. Venue shall be in the Superior Court of King County, Washington. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section. 27. Severability. If any provision of this Contract is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired. 28. No Waiver. The failure by any party to exercise any right stated in this Contract shall not be deemed a waiver of the right. CA.B Page 14 of 90 City of Auburn/PSC Page 8 of 13 29. Complete Agreement. This Contract when signed by both parties sets forth the entire understanding of the parties as to its subject matter, conditions and obligations and may not be modified except by further written agreement. 30. Independent Contractors. In performing the work under this Contract, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of Auburn because of the performance of any work by this Contract. [Remainder of Page Intentionally Left Blank] CA.B Page 15 of 90 City of Auburn/PSC Page 9 of 13 WHEREAS, the individuals representing the parties are both authorized and have executed this Contract effective as of the date first written above. Auburn, Washington By: ____________________________ Nancy Backus, Mayor ATTEST BY: ___________________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ___________________________________ Daniel B. Heid, City Attorney AOT Public Safety Corporation By: _______________________________ [Authorized Signing Officer] _______________________________ [Name and Title – please print] ATTEST BY: ___________________________________ CA.B Page 16 of 90 City of Auburn/PSC Page 10 of 13 ATTACHMENT A FAAS Scope of Services Purpose The purpose of this Scope of Services is to summarize the duties and responsibilities of AOT Public Safety Corporation (“PSC”), and the City of Auburn, Washington (“Auburn”) as described in more detail in the RFP and Proposal in Attachment C. PSC Responsibilities PSC will be responsible for the daily operation of the Program. This will include: 1. Registering and updating alarm permits in accordance with the Auburn Alarm Ordinance (“Ordinance”). Permit registrations may be processed by mail and online; 2. Importing daily into the PSC alarm billing system, false alarm incident data (in formats prescribed by PSC) extracted from Auburn’s CAD/911 System; 3. Initializing, maintaining, securing and backing up Program databases including alarm registration and incident data, alarm-related financial transactions and accounts receivable information. PSC will comply with the provisions of the Ordinance, and update Program business rules to comply with any Ordinance changes; 4. Processing false alarm incident data, including the matching of false alarm incidents with the security alarm registration / permit database maintained by PSC; 5. Billing and corresponding with alarm users in accordance with the Alarm Ordinance provisions. This will include but may not be limited to notifications of false alarms, invoices, and delinquent payment notices; 8. Providing Auburn specific information to include a checklist on false alarm reduction and Ordinance requirements in the first false alarm notice / warning letter sent to alarm users; 0. Answering telephone inquiries from Auburn alarm users that are placed to a false alarm program toll-free customer service number; 10. Processing fee / penalty payments mailed to and deposited in a Auburn-approved bank and received from other payment channels, e.g. online, as agreed on by PSC and Auburn, and applying these payments to alarm accounts; 11. Assisting Auburn in maintaining an appeal process that is user friendly to the public to include notifying Auburn of any appeals, providing a City Alarm Program representative with documentation supporting noticing/billing decisions; and updating the system with the disposition of any City hearing results; 12. Providing and maintaining computer equipment, software, mailing equipment and furniture at the Program processing facilities in Waldorf, Maryland; 13. Providing Auburn secure, online, on-demand access to alarm management information and CA.B Page 17 of 90 City of Auburn/PSC Page 11 of 13 access to reports as described in the RFP and Proposal in Attachment C, including, but not limited to, alarm account transaction history, weekly registration/permit and suspension information, and weekly collections and deposits with format and content specified by the CryWolf® Alarm Management System and the designated Bank, and agreed on between Auburn and PSC; and, 14.. Performing special collection functions as approved by Auburn such as retaining third party collection agency, providing delinquent account information to other City agencies and / or filing property liens. PSC is responsible for all costs of carrying out these responsibilities including, but not limited to, the costs of staff, facilities, equipment and consumable supplies. Only third-party bank and credit card fees, third party collection costs (if any), e.g. collection agency fee, citizen refunds and any special mailing costs (above U.S. First Class postage). . Auburn Responsibilities 1. Appointing a Auburn Alarm Administrator (“Administrator”) who will be the primary point of contact between PSC and Auburn. The Administrator is responsible for overseeing PSC’s operation of the False Alarm Management Services Program (“Program”) and accessing Program information, as needed, via PSC provided online access.; 2. Requesting Alarm Companies to provide alarm system registration information and supporting PSC, as needed, to ensure that Alarm Companies comply with alarm system information requests; 3. Making any and all decisions about alarm call response, determining whether calls are false alarms, providing any on-scene communication of alarm related information to alarm users, and for documenting alarm related information within the Auburn CAD/911 system; 4. Extracting false alarm incident data from the CAD/911 System and transferring this data electronically to PSC (via email or PSC FTP site). Auburn staff are also responsible for entering, or causing to be entered, into the CAD/911 System any false alarm related information that Auburn may choose to display to CAD/911 System operators through the CAD/911 System; 5. Scheduling, conducting and making appeal decisions for any false alarm hearings; 6. Conducting, after consulting assistance from PSC, any general public education programs on false alarms; and, 7. Transferring any and all financial information from the Program generated alarm reports to other Auburn financial systems, as needed. Auburn is responsible for all costs of carrying out these responsibilities, including, but not limited to the costs of staff, facilities, computer equipment and consumable supplies. CA.B Page 18 of 90 City of Auburn/PSC Page 12 of 13 ATTACHMENT B PAYMENT TERMS 1. Revenue Sharing Percentage For the provision of all services and technology outlined in this contract, PSC shall obtain payment exclusively from the revenues PSC helps generate. There shall be no upfront systems development, licensing, conversion, equipment, travel or other costs. PSC shall purchase, configure, install, and customize all systems and processes PSC requires to provide the False Alarm Management Services described herein. The Revenue Sharing schedule is as follows: PSC’s Percentage Share of Collected Revenue PSE shall be paid twenty-five percent (25%) of the net revenues received under the false alarm ordinance. The only amounts that shall be paid from the total collected revenue and subtracted from the total collected revenue before the revenue sharing percentages are applied are: 1. Refunds, authorized in writing by Auburn, of amounts paid to alarm users; 2. Bank fees charged by a Auburn-approved bank; 3. Special mailing costs, if any, in excess of U.S. Post Office first class rates; and, 4. Third-party credit card processing charges, if any. Payment Terms Auburn and PSC agree as follows: 1. All alarm permit and false alarm fee collections from any payment method, including but not limited to bank lockbox and online credit card, shall be deposited, as soon as practical, in a False Alarm Bank Account (“False Alarm Account”) to be established at a mutually agreeable Commercial Bank; 2. Auburn and PSC agree to maintain a positive balance of available funds (“Minimum Balance”) at all times in the False Alarm Account; 3. At the beginning of each month, PSC will reconcile the alarm related deposits for the most recent completed month and report the same to Auburn. Upon Auburn’s approval, Auburn and PSC shall authorize and cause the issuance of electronic (ACH) transfers to Auburn and to PSC as follows: a. With regard to the transfer to PSC, the amount will be calculated for PSC based on the Revenue Share Table above. That amount, not to exceed 25% of the revenue collected during the preceding month, shall be transferred to a bank and account authorized by PSC; and, CA.B Page 19 of 90 City of Auburn/PSC Page 13 of 13 b. The remaining balance, not to exceed 75% of the revenue collected during the preceding month, shall be transferred to a bank and account authorized by Auburn. 4. At the termination of this Contract, any remaining balance shall be transferred to PSC and to Auburn on the same prorata basis, 25% and 75% respectively. 5. Auburn is a Washington public entity and all financial obligations extending beyond the current fiscal year are subject to funds being budgeted and appropriated therefore. Delinquent Account Terms The parties shall define a mutually agreeable process and methods for collecting amounts due from delinquent accounts. If organizations other than Auburn and PSC are retained to collect overdue amounts, the parties agree that the collection costs shall be borne by the parties on a pro-rata basis as follows: PSC 25% and Auburn 75%. CA.B Page 20 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6503 Date: March 20, 2014 Department: Police Attachments: Ordinance No. 6503 Budget Impact: $0 Administrative Recommendation: City Council approve Ordinance No. 6503 amending ACC Section 9.78.010. Background Summary: A review of ACC 9.78.010 relating to disorderly conduct was brought forth due to a recent arrest situation. The Auburn Police and Legal departments have reviewed the current ACC and have recommended the attached changes. Reviewed by Council Committees: Municipal Services Other: Legal Councilmember:Peloza Staff:Lee Meeting Date:March 24, 2014 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 21 of 90 - - - - - - - - - - - - - - - - Ordinance No. 6503 March 6, 2014 Page 1 ORDINANCE NO. 6 5 0 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 9.78.010 OF THE AUBURN CITY CODE RELATING TO DISORDERLY CONDUCT WHEREAS, the current provisions the city ordinance and the state law include provisions that prohibit Disorderly Conduct, including such things as fighting in public, engaging in conduct that creates the risk of assault, and other activities that disturb the peace; and WHEREAS, it would be valuable for the city and its law enforcement officers to be able to address other instances where individuals engage in other conduct that is likely to disturb the peace, in addition to the current methods through which the violation of Disorderly Conduct can occur. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 9.78.010 of the Auburn City Code be, and the same hereby is amended to read as follows: 9.78.010 Disorderly conduct. A. A person is guilty of disorderly conduct if he or she: 1. Fights or encourages others to fight in any public place within the city; 2. Willfully annoys, molests, bothers, insults, or offers an affront to another person and thereby intentionally creates the risk of assault; 3. Willfully breaks, impairs, injures or defaces any building, fence, awning, window, sign, signboard, tree, shrub, or other thing of value being the property of another; 4. Intentionally obstructs vehicular or pedestrian travel or traffic without lawful authority; 5. Removes, interferes with, carries away or destroys the property of another, or tears down, destroys or mutilates any notice or handbill lawfully posted in the city; 6. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; 7. Looks into the windows of the residence of another without a lawful right to do so; and ORD.A Page 22 of 90 - - - - - - - - - - - - - - - - Ordinance No. 6503 March 6, 2014 Page 2 8. Urinates or defecates in any place open to the public view, other than in a restroom or toilet facility; or 9. Intentionally engages in conduct that tends to, or is reasonably likely to, disturb the peace, promote disorder or endanger the safety of others. B. Disorderly conduct is a misdemeanor. (Ord. 5682 § 1, 2002.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. 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 4. 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 ATTEST: _________________________________________ NANCY BACKUS, MAYOR _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ ORD.A Page 23 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5041 Date: February 4, 2014 Department: Parks/Art and Recreation Attachments: Resolution No. 5041 Symphony Contract 2014 ASO Information 2014 Budget Impact: -0- Administrative Recommendation: City Council approve Resolution No. 5041. Background Summary: The City of Auburn has supported the Auburn Symphony Orchestra for the past several years to assist in support of the arts and music education. The sponsorship of the Auburn Symphony Orchestra allows for cross-promotion with other arts organizations and local businesses to provide a total entertainment experience which would be beneficial to the City and to the residents and businesses of the City. Previous contracts have been specific to Orchestra concerts and Chamber concerts alone. For 2014, it is proposed that the City enters into one contract with a specific scope of services that ties to the entire Symphony season rather than individual concerts. The scope of services includes sponsorships services, marketing, outreach and audience building, and organizational efforts. Funding for support of the Auburn Symphony Orchestra in 2014 is already budgeted in the 2014 budget. Funding for 2015 would be part of the 2015-2016 budget process. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Faber Meeting Date:March 24, 2014 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 24 of 90 ---------------------------- Resolution No. 5041 2.28.14 Page 1 of 2 RESOLUTION NO. 5041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN SYMPHONY ORCHESTRA FOR SERVICES WHEREAS, the Auburn Symphony Orchestra is a source of cultural and music education excellence, with a long history of drawing attendees from throughout the region; and, WHEREAS, the City of Auburn supports the arts and music education, and wishes to provide sponsorship to the Auburn Symphony Orchestra in return for the many public benefits of cross-promotion with other arts organizations and local businesses to provide a total entertainment experience which would be beneficial to the City and to the residents and businesses of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and the Auburn Symphony Orchestra for tourism promotion services, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. RES.B Page 25 of 90 ---------------------------- Resolution No. 5041 2.28.14 Page 2 of 2 Section 3. That this Resolution shall take effect and be in full force 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 RES.B Page 26 of 90 2014 Auburn Symphony Orchestra Contract Draft date 3.10.14 Page 1 of 5 CITY OF AUBURN and AUBURN SYMPHONY ORCHESTRA CONTRACT FOR SERVICES THIS CONTRACT is made and entered into on the _______ day of ________________, 2014, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter referred to as the “City,” and the AUBURN SYMPHONY ORCHESTRA, a not-for-profit corporation organized pursuant to 26 U.S.C. 501(C)(3), hereinafter referred to as the “Service Provider,” on the following terms and conditions. 1. SCOPE OF SERVICES BY SERVICE PROVIDER The Service Provider shall provide services to the City as follows: Sponsorship/Concerts 1. Listing the City of Auburn as the primary concert sponsor and including the City of Auburn name and logo as a sponsor in advertisements and programs for such events for all Symphony Orchestra concerts; Chamber Orchestra performances and any summer Symphony concerts from July 2013 through June 2015. Relative size of logo on marketing pieces to be relative to amount of funding received. 2. On stage acknowledgement at each performance of the City of Auburn support. 3. Performances for the 2013-2014 Season shall include: a) Three Full Symphony programs to include the Triumph of Tchaikovsky (10/12/13 and 10/13/13); Musical Gems (2/15/2014 and 2/16/2014); The Farewell (4/26/2014 and 4/27/2014) b) Four Chamber Concert programs to include From Classical to Romantic (11/24/2013); A Tale of Two Composers (1/19/2014); Bremen Town Musicians (3/2/2014); The Circus Ballet and a Little Jazz (3/9/2014) c) Three Summer Concerts at Mary Olson Farm to include A Brassy Night (7/18/2013); Summer Serenade (8/1/2013); Animals in Music (8/15/2013) 4. Performances for the 2014-2015 Season shall include: a) Three Full Symphony programs at Mountainview High School: 10/11/2014 and 10/12/2014; 2/14/2015 and 2/15/2015; 4/25/2015 and 4/26/2015 b) Three Chamber Concerts at St Matthew Episcopal Church to be held in November 2014, January 2015, and March 2015 (specific dates based on musician availability) c) Three Summer Concerts at Mary Olson Farm to be held as follows: 7/10/2014 (brass); 7/24/2014 (percussion); August 7, 2014 (strings) Marketing 1. At least 30% of the organizational support provided by the City of Auburn each year to be directly spent on marketing. 2. Provide to the City a marketing plan and itemized marketing budget for the Symphony organization. 3. Develop brochures and pamphlets advertising the events including the City of Auburn as the home venue of the orchestra. 4. Demonstrated publicity efforts to solicit attendance from regional audiences outside of Auburn with a focus on a 25 mile radius of Auburn. RES.B Page 27 of 90 2014 Auburn Symphony Orchestra Contract Draft date 3.10.14 Page 2 of 5 Outreach and Audience Building 1. Demonstrated outreach efforts to schools, senior centers, businesses, and other organizations. 2. Participation as a community vendor at events that generate exposure for the Symphony. 3. Provide educational opportunities such as pre-concert lectures and other opportunities to learn. 4. Demonstrated efforts to write grants or seek sponsorships to provide at least one free public performance per year. (As an example, a chamber performance or symphony sampling at an Auburn location that will help build audience and exposure for the Symphony). 5. Provide discounted tickets to students attending Middle School and High School Orchestra within the City to attend full symphony concerts. Organizational 1. Consider options for annual fundraiser to be held at a location in Auburn. 2. Submit ASO annual report to City of Auburn. 3. Submit ASO season financial report along with breakout of where/how City funds were spent for funded season (to be completed September or October of 2014 for 2012-2014 ASO season) 4. The City or its agents shall have the right to examine and inspect the books and records of the ASO for the purpose of validating reports and any other matters related to the performance of the Agreement. 5. Provide concert reports from all performances that include audience statistics, including zip code demographics of ticket buyers and tracking of new versus regular attendees. 1. TERM OF CONTRACT: The Term of this Contract shall be from date of signing through December 31, 2015. 2. COMPENSATION TO SERVICE PROVIDER: a. The parties understand that the Service Provider operates on a fiscal year that runs from July 1 through the following June 30, and that its concert season is consistent with its fiscal year. The City’s fiscal year is from January 1 through the following December 31. The parties agree that the marketing services provided throughout the year are adequate consideration for the City to pay the Service Provider its full consideration due for the calendar year by the end of June each year in order to support the Service Provider’s budget cycle. b. The total contract is for $75,000 per calendar year. For 2014, the first payment of $25,000.00 will be paid upon signing this Agreement. The second payment of $25,000.00 will be paid on March 30, 2014. The third payment of $25,000.00 will be paid on June 1, 2014. For calendar year 2015, the first payment of $25,000 will be paid on January 31, 2015. The second payment of $25,000.00 will be paid by the City to the Service Provider on March 30, 2015. The third payment of $25,000.00 will be paid by the City to the Service Provider on June 1, 2015. c. Invoicing and Reports. The Service Provider will submit invoices and reports not later than 30 calendar days before payment is due. For each reporting period, the Service Provider will provide report outlining how the Service Provider met the performance measures set forth in this Agreement. RES.B Page 28 of 90 2014 Auburn Symphony Orchestra Contract Draft date 3.10.14 Page 3 of 5 3. NON-APPROPRIATION OF FUNDS: If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4. RECORDS INSPECTION AND AUDIT: All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced and all records and books of accounts pertaining to any work performed under this Contract shall be subject to inspection and audit by the City for a period of up to three 3 years from the final payment for work performed under this Contract. 5. CONTRACT ADMINISTRATION: This Contract shall be administered by Auburn Symphony Orchestra Manager Lee Valenta on behalf of the Service Provider and by Mayor or designee on behalf of the City. Any written notices required by terms of this Contract shall be served or mailed to the following addressees unless changed by written notice to the other party: If to the City: City of Auburn, 25 West Main Street, Auburn WA 98001 If to the Service Provider: Auburn Symphony Orchestra, PO Box 2186, Auburn WA 98071 6. NOTICES: All notices or communications permitted or required to be given under this Contract shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail postage prepaid for mailing by certified mail return receipt requested and addressed if to a party of this Contract to the address set forth next to such party s signature at the end of this Contract or if to a person not a party to this Contract to the address designated by a party to this Contract in the foregoing manner Any party may change his or its address by giving notice in writing stating his or its new address to any other party all pursuant to the procedure set forth in this section of the Contract. 7. INSURANCE: The Service Provider shall be responsible for maintaining during the term of this Contract and at its sole cost and expense insurance coverages in amounts not less than the amounts set forth herein below. The Service Provider shall furnish evidence satisfactory to the City of all such policies During the term hereof the Service Provider shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive general liability insurance including automobile and property damage insuring the City and the Service Provider against loss or liability for damages for personal injury death or property damage arising out of or in connection with the performance by the Service Provider of its obligations hereunder with minimum liability limits of $1,000,000.00 combined single limit for personal injury death or property damage in anyone occurrence. b. Such workmen s compensation and other similar insurance as may be required by law. 8. INDEMNIFICATION: The Service Provider shall indemnify and hold harmless the City and its officers agents and employees or any of them from any and all claims actions suits liability loss costs expenses and damages of any nature whatsoever by any reason of or arising out of the negligent act or omission of the Service Provider its officers agents employees or any of them relating to or arising out of the performance of this Contract. If a final judgment is rendered against the City its officers agents employees and or any of them or jointly against the City and the Service Provider and their respective officers agents and employees or any of them the Service Provider shall satisfy the same to the extent that such judgment was due to the Service Provider s negligent acts or omissions. RES.B Page 29 of 90 2014 Auburn Symphony Orchestra Contract Draft date 3.10.14 Page 4 of 5 9. RESTRICTION AGAINST ASSIGNMENT: Service Provider shall not assign this Contract or any interest herein nor any money due or to become due hereunder without first obtaining the written consent of the City nor shall the Service Provider subcontract any part of the services to be performed hereunder without first obtaining the written consent of the City. 10. AMENDMENT MODIFICATION OR WAIVER: No amendment modification or waiver of any condition provision or term of this Contract shall be valid or of any effect unless made in writing signed by the party or parties to be bound or such party s or parties duly authorized representative s and specifying with particularity the nature and extent of such amendment modification or waiver Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Contract. 11. TERMINATION AND SUSPENSION: Either party may terminate this Contract upon Ninety 90 days written notice to the other party It is provided however that if the Service Provider has performed services pursuant to the Contract the Service Provider shall be compensated for such services in accordance with the rate of compensation provided herein. 12. PARTIES IN INTEREST: This Contract shall be binding upon and the benefits and obligations provided for herein shall inure to and bind the parties hereto and their respective successors and assigns provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Contract This Contract is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party including contractors sub contractors and their sureties. 13. COSTS TO PREVAILING PARTY: In the event of litigation or other legal action to enforce any rights responsibilities or obligations under this Contract the prevailing parties shall be entitled to receive its reasonable costs and attorney’s fees. 14. APPLICABLE LAW: This Contract and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be King County State of Washington provided however that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Service Provider of the services. 15. CAPTIONS HEADINGS AND TITLES: All captions headings or titles in the paragraphs or sections of this Contract are inserted for convenience of reference only and shall not constitute a part of this Contract or act as a limitation of the scope of the particular paragraph or sections to which they apply As used herein where appropriate the singular shall include the plural and vice versa and masculine feminine and neuter expressions shall be interchangeable Interpretation or construction of this Contract shall not be affected by any determination as to who is the drafter of this Contract this Contract having been drafted by mutual agreement of the parties. 16. SEVERABLE PROVISIONS: Each provision of this Contract is intended to be severable If any provision hereof is found by a court of competent jurisdiction to be illegal or invalid or not applicable to any person or circumstance for any reason whatsoever such illegality invalidity or non applicability shall not affect the legality or validity of the remainder of this Contract or its applicability to other persons or circumstances. RES.B Page 30 of 90 2014 Auburn Symphony Orchestra Contract Draft date 3.10.14 Page 5 of 5 17. ENTIRE AGREEMENT: This Contract contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements contracts and understandings between the parties with respect to such subject matter. 18. COUNTERPARTS: This Contract may be executed in multiple counterparts each of which shall be one and the same Contract and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed effective the day and year first set forth above: AUBURN SYMPHONY ORCHESTRA CITY OF AUBURN _______________________________ __________________________________ Nancy Backus, Mayor Title:___________________________ Date:___________________________ Date:______________________________ ATTEST: _______________________________ Danielle Daskam, City Clerk APPROVED AS TO FORM: _______________________________ Daniel B. Heid, City Attorney RES.B Page 31 of 90 RE S . B Pa g e 3 2 o f 9 0 RE S . B Pa g e 3 3 o f 9 0 RE S . B Pa g e 3 4 o f 9 0 RE S . B Pa g e 3 5 o f 9 0 RE S . B Pa g e 3 6 o f 9 0 RE S . B Pa g e 3 7 o f 9 0 20 1 0 / 2 0 1 1  Se a s o n Da t e s #  of  Mu s i c i a n s p a t r o n s L o c a t i o n CO A   Co n t r a c t CO A  Contract  Da t e /Year Sy m p h o n y  Co n c e r t s Fr o m  Vi e n n a  to  Pa r i s  ‐   Sa t u r d a y 1 0 / 9 / 2 0 1 0 6 0 2 6 0 P A C Fr o m  Vi e n n a  to  Pa r i s  ‐   Su n d a y 1 0 / 1 0 / 2 0 1 0 6 0 3 6 4 P A C No r d i c  Sp r i n g  ‐   Sa t u r d a y 2/ 1 9 / 2 0 1 1 6 3 3 0 0 P A C $ 1 8 , 7 5 0 F e b .  2011 No r d i c  Sp r i n g  ‐   Su n d a y 2/ 2 0 / 2 0 1 1 6 3 4 1 2 P A C Gu s t a v  Ma h l e r  ‐   Sa t u r d a y 4 / 3 0 / 2 0 1 1 7 5 3 0 4 P A C $ 1 8 , 7 5 0 A p r i l  2011 Gu s t a v  Ma h l e r  ‐   Su n d a y 5 / 1 / 2 0 1 1 7 5 3 7 2 P A C Ch a m b e r  Co n c e r t s Ja z z ,  Ta n g o ,  an d  Ro m a n c e 1 1 / 2 1 / 2 0 1 0 4 1 4 0 S t .  Ma t t h e w Me d i t e r r a n e a n  Ma s t e r w o r k s 1 / 2 3 / 2 0 1 1 5 2 2 5 S t .  Ma t t h e w $ 1 8 , 7 5 0 J a n .  2011 Vi e n n e s e  Ce l l o b r a t i o n 3 / 6 / 2 0 1 1 5 1 5 5 S t .  Ma t t h e w $ 1 8 , 7 5 0 M a r c h  2011 Ou t r e a c h  Ef f o r t s We s l e y  Ho m e s  ‐   De s  Mo i n e s 9 / 2 8 / 2 0 1 0 1 3 0 We s l e y  Ho m e s  ‐   De s  Mo i n e s 1 0 / 5 / 2 0 1 0 1 4 0 20 1 1 / 2 0 1 2  Se a s o n Da t e s #  of  Mu s i c i a n s p a t r o n s L o c a t i o n CO A   Co n t r a c t CO A  Contract  Da t e /Year Sy m p h o n y  Co n c e r t s Tr i u m p h  of  th e  Am e r i c a n  Sp i r i t 9/ 1 1 / 2 0 1 1 6 5 7 5 4 P A C $ 2 5 , 0 0 0 S e p t .  2011 Ah  Yo u t h !  ‐   Sa t u r d a y 1 0 / 8 / 2 0 1 1 7 1 2 1 5 P A C Ah  Yo u t h !  ‐   Su n d a y 1 0 / 9 / 2 0 1 1 7 1 3 5 0 P A C Gr e a t  Ro m a n t i c s  ‐   Sa t u r d a y 2 / 1 8 / 2 0 1 2 6 9 2 7 1 P A C $ 1 8 , 7 5 0 F e b .  2012 Gr e a t  Ro m a n t i c s  ‐   Su n d a y 2 / 1 9 / 2 0 1 2 6 9 3 7 9 P A C Po e t r y  in  Mu s i c  ‐   Sa t u r d a y 4 / 2 8 / 2 0 1 2 1 3 0 2 9 8 P A C $ 1 8 , 7 5 0 A p r i l  2012 Po e t r y  in  Mu s i c  ‐   Su n d a y 4 / 2 9 / 2 0 1 2 1 3 0 4 2 1 P A C Ch a m b e r  Co n c e r t s Ca t s ,  Ma d r i g a l s ,  an d  th e  Ra i n 1 1 / 2 0 / 2 0 1 1 5 1 5 0 S t .  Ma t t h e w Ma g n i f i c e n t  Ma r r i a g e  of  Pi a n o  & Wi n d 1 / 2 2 / 2 0 1 2 6 1 4 0 S t .  Ma t t h e w $ 1 8 , 7 5 0 J a n .  2012 To u r  of  Ha p s b u r g  Em p i r e 3 / 1 1 / 2 0 1 2 5 1 3 5 S t .  Ma t t h e w $ 1 8 , 7 5 0 M a r c h  2012 RE S . B Pa g e 3 8 o f 9 0 20 1 2 / 2 0 1 3  Se a s o n Da t e s #  of  Mu s i c i a n s p a t r o n s L o c a t i o n CO A   Co n t r a c t CO A  Contract  Da t e / Y e a r Sy m p h o n y  Co n c e r t s Mu s i c  fo r  Yo u 1 0 / 2 1 / 2 0 1 2 62 75 0 PA C Th e  Be a u t y  of  Br a h m s  ‐   Sa t u r d a y 1 / 1 9 / 2 0 1 3 66 23 5 PA C $1 8 , 7 5 0 J a n .  2013 Th e  Be a u t y  of  Br a h m s  ‐   Su n d a y 1/ 2 0 / 2 0 1 3 66 40 3 PA C Sp o t l i g h t  on  AS O 4/ 2 7 / 2 0 1 3 74 22 6 PA C $1 8 , 7 5 0 A p r i l  2013 Sp o t l i g h t  on  AS O 4/ 2 8 / 2 0 1 3 74 42 8 PA C Ch a m b e r  Co n c e r t s A Tr i b u t e  to  Yo u t h 1 1 / 1 9 / 2 0 1 2 8 1 1 0 S t .  Ma t t h e w AS O  Mu s i c i a n s  Ge t  Ja z z y 1 1 / 3 0 / 2 0 1 2 5 9 0 G R C C Ro m a n t i c  Or g a n  Tr e a t s 2 / 2 4 / 2 0 1 3 4 18 0 St .  Ma t t h e w $1 8 , 7 5 0 F e b .  2013 Be h o l d  th e  Bo l d  Um b r e l l a p h a n t 3 / 1 0 / 2 0 1 3 5+ a u t h o r 13 0 ,  40  ki d s St .  Ma t t h e w $1 8 , 7 5 0 M a r c h  2013 Ou t r e a c h  Ef f o r t s As s e m b l i e s  wi t h  au t h o r  Ja c k  Pr e l u t s k y 3 / 8 / 2 0 1 3 1 3 0 0 L e a  Hi l l  El e m . As s e m b l i e s  wi t h  au t h o r  Ja c k  Pr e l u t s k y 3 / 8 / 2 0 1 3 1 6 0 0 I l l a k o  El e m . 20 1 3 / 2 0 1 4  Se a s o n Da t e s #  of  Mu s i c i a n s p a t r o n s L o c a t i o n CO A   Co n t r a c t CO A  Contract  Da t e /Year Ma r y  Ol s o n  Su m m e r  Co n c e r t s A Br a s s y  Ni g h t 7 / 1 8 / 2 0 1 3 5 10 6 Ma r y  Ol s o n Su m m e r  Se r e n a d e 8 / 1 / 2 0 1 3 4 10 3 Ma r y  Ol s o n An i m a l s  in  Mu s i c 8 / 1 5 / 2 0 1 3 5 50 S t .  Ma t t h e w  (r a i n ) Sy m p h o n y  Co n c e r t s Mu s i c  fo r  Yo u  II 9/ 1 5 / 2 0 1 3 72 54 6 PA C $2 5 , 0 0 0 S e p t .  2013 Th e  Tr i u m p h  of  Tc h a i k o v s k y  ‐   Sa t u r d a y 10 / 1 2 / 2 0 1 3 68 2 2 0 PA C Th e  Tr i u m p h  of  Tc h a i k o v s k y  ‐   Su n d a y 10 / 1 3 / 2 0 1 3 68 3 3 0 PA C Mu s i c a l  Ge m s  ‐   Sa t u r d a y 2/ 1 5 / 2 0 1 4 67 1 9 0 PA C Mu s i c a l  Ge m s  ‐   Su n d a y 2/ 1 6 / 2 0 1 4 67 3 6 0 PA C Th e  Fa r e w e l l  ‐   Sa t u r d a y 4/ 2 6 / 2 0 1 4 PA C Th e  Fa r e w e l l  ‐   Su n d a y 4/ 2 7 / 2 0 1 4 PA C Ch a m b e r  Co n c e r t s Fr o m  Cl a s s i c a l  to  Ro m a n t i c 11 / 2 4 / 2 0 1 3 5 1 3 0 S t .  Ma t t h e w A Ta l e  of  Tw o  Co m p o s e r s 1/ 1 9 / 2 0 1 4 3 8 5 S t .  Ma t t h e w Br e m e n  To w n  Mu s i c i a n s 3/ 2 / 2 0 1 4 4 5 0 S t .  Ma t t h e w Th e  Ci r c u s  Ba l l e t  & A Li t t l e  Ja z z 3/ 9 / 2 0 1 4 5 6 5 S t .  Ma t t h e w RE S . B Pa g e 3 9 o f 9 0 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5056 Date: March 20, 2014 Department: Police Attachments: Resolution No. 5056 Exhibit A Exhibit B Budget Impact: $0 Administrative Recommendation: City Council approve the Resolution No. 5056. Background Summary: This is an agreement between the City of Auburn and the Muckleshoot Indian Tribe (MIT) relating to law enforcement services. The position will work closely with Auburn officers in the field. Primary duties will be on the reservation working with tribal members as well as other citizens on the reservation. Reviewed by Council Committees: Municipal Services Other: Legal; Police Councilmember:Peloza Staff:Lee Meeting Date:March 24, 2014 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 40 of 90 ---------------------------- Resolution No. ________ March 20, 2014 Page 1 of 2 RESOLUTION NO. 5 0 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND THE MUCKLESHOOT INDIAN TRIBE FOR POLICE SERVICES WHEREAS, the City of Auburn has portions of its corporate boundaries that are located within areas of the reservation of the Muckleshoot Indian Tribe; and WHEREAS, currently, in connection with violations of law occurring in all areas of the City, the City Police are engaged in and are responsible for law enforcement activities; and WHEREAS, the Muckleshoot Indian Tribe, however, is also engaged in law enforcement activities, particularly those activities occurring in areas of the reservation located outside of the City of Auburn; and WHEREAS, the Muckleshoot Indian Tribe wishes to be more responsive to the needs of its tribal members and be more engaged in law enforcement activities in all areas of the reservation concerning its tribal members; and WHEREAS, the City and the Tribe have developed an agreement whereby coordination and cooperation between the Tribe and the City law enforcement teams can occur so as to allow the Tribe to be more responsive to the law enforcement needs of its tribal members. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk are hereby authorized to execute an Agreement Between the City of Auburn and the Muckleshoot Indian Tribe Relating to RES.C Page 41 of 90 ---------------------------- Resolution No. ________ March 20, 2014 Page 2 of 2 Law Enforcement Services, which agreement shall be in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2014. CITY OF AUBURN _________________________ NANCY BACKUS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.C Page 42 of 90 Page 1 EXHIBIT “A” AGREEMENT BETWEEN THE CITY OF AUBURN AND THE MUCKLESHOOT INDIAN TRIBE RELATING TO LAW ENFORCEMENT SERVICES This is an Agreement between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "Auburn" or "City," and the Muckleshoot Indian Tribe, a federally-recognized Indian tribe, hereinafter referred to as the "Tribe." WHEREAS, the Tribe has criminal jurisdiction over Indian persons who commit crimes within the boundaries of the Muckleshoot Reservation, hereinafter referred to as "Reservation"; and, WHEREAS, Auburn has authority to enforce State criminal laws of general applicability against Indian persons committing crimes within that portion of Auburn located within the boundaries of the Reservation; and, WHEREAS, the Tribe desires to contract with Auburn to add an additional officer in those portions of Auburn located within the Reservation where such services would be in addition to and not supplant those existing law enforcement services already provided by Auburn on the Reservation in the absence of this Agreement, and the Tribe has the authority pursuant to its Constitution to contract with Auburn for such additional services; and WHEREAS, Auburn provides law enforcement services to persons residing on or present within that portion of Auburn located within the Reservation as part of Auburn's basic level of law enforcement services; and WHEREAS, through this Agreement Auburn is able to provide an additional law enforcement officer that will provide additional police services on the Reservation that resides within the jurisdictional boundaries of Auburn and the City has authority pursuant to RCW 30.34 to contract with the Tribe to provide such services. NOW, THEREFORE, the Tribe and Auburn hereby agree: 1. Law Enforcement Services. 1.1 Base Level Services. Auburn currently provides a patrol officer whose primary patrol responsibilities include providing police services to District 6. District 6 is within Auburn’s jurisdictional boundaries and includes land areas within the Muckleshoot Reservation land. In addition thereto, this Agreement provides for law enforcement services beyond the Base Level Services, as defined herein. Base Level Services typically include, but are not limited to: Communication Services, E-911. Communications service, including all call receiving, dispatching, and report taking, and RES.C Page 43 of 90 Page 2 Dispatched Calls for Service. Provide, when available, a police response to 911 calls for service to enforce City, County and State laws and ordinances; and Support Services. Support services generally include, but are not limited to, crime investigation and analysis, drug enforcement, major accident response and reconstruction, and vice control; and Special Services. Special Operation services such as canine patrol, hostage negotiations, tactical unit, and traffic enforcement. 1.2 Additional Law Enforcement Services. The City currently provides one officer to District 6 for Base Level Services, as described in Section 1.1 above. Pursuant to the terms of this Agreement the City of Auburn will provide the Tribe with one additional law enforcement officer ("Additional Officer") to the Tribe whose primary responsibility will be dedicated to patrolling those portions of Auburn located within the Reservation. The Additional Officer will at all times remain an employee of the City under the direct command and control of the Auburn Chief of Police however; the Tribe shall direct daily patrol and work assignments from the Tribal Chief of Police. The Additional Officer will work a patrol schedule determined by the Tribal Chief of Police in accordance with any labor agreements in place with the Auburn Police Officers Guild. The purpose of this Additional Officer is to increase the police coverage on the Reservation and during the term of this Agreement the City agrees that it will not count the Additional Officer towards any current minimum staffing levels for District 6, but will be at all times in addition to that minimum staffing already in place. The City of Auburn will make all personnel decisions regarding the Additional Officer. The City will work with the Muckleshoot Chief and provide the Tribe an opportunity to comment on employment issues with the Additional Officer. The City shall make all final decisions regarding the Additional Officer including annual performance evaluations, promotional opportunities, disciplinary matters and the Additional Officer shall remain at all times subject to the Auburn Police Department’s Manual of Standards and City’s Administrative Policies and Procedures. The Tribe shall participate in the selection process as set out in section 3 below. The Additional Officer’s duties are the same as that of a general police officer patrolling on reservation land and shall include but not be limited to providing general law enforcement services/911 response; providing crime prevention and investigation, analysis and training to the tribal community. Community policing may also include block watch or community action programs; problem solving crime and disorder problems within the tribal community; interaction with and mentoring of tribal youth; RES.C Page 44 of 90 Page 3 providing special emphasis to community concerns; and building partnerships with community members with the goal of preventing future crime. In order to further the purposes of this Agreement the Tribe may provide office space for the Additional Officer, and a telephone and telephone service. The Additional Officer will at all times operate under the Auburn Police Department’s Manual of Standards and Policy and Procedures. While it is the purpose to provide additional law enforcement services on the Muckleshoot Reservation the parties recognize that the Additional Officer may be called upon to respond to emergency calls originating from other portions of Auburn or from parts of the Reservation outside of Auburn. It is understood by both Parties that the primary role of the Additional Officer is to patrol Tribal Lands located within the jurisdictional boundaries of the City of Auburn and any request for service that takes the Additional Officer outside of the Tribal Reservation should be temporary and of short duration and upon conclusion of any calls outside of the tribal reservation boundaries the Additional Officer shall report their status to the Muckleshoot Chief. 1.3 Prosecution of Criminal Cases. The City of Auburn prosecutes misdemeanors, gross misdemeanors, and other non-felony offences occurring in those parts of the Reservation located within the corporate boundaries of the City of Auburn in the court of limited jurisdiction authorized to hear City of Auburn cases. All persons cited for violations occurring within the portion of the City of Auburn located within the Reservation shall be initially referred to the City’s prosecutor for processing. Provided that if violators so referred are determined to be enrolled members of the Muckleshoot Indian Tribe or members of another federally recognized Indian tribe and the offense is one prosecutable under Muckleshoot law, those individuals shall be transferred to the Muckleshoot Indian Tribe Tribal Court for processing and adjudication. Provided further that if the transfer provided for in this paragraph will cause the City to lose jurisdiction, the case shall not be referred to the Muckleshoot Indian Tribe Tribal Court, in which case, the City shall advise the Muckleshoot prosecutor, and both the City and the Tribe may proceed as permitted by applicable law. The City of Auburn, its Police Department and the Muckleshoot Police shall coordinate and consult on the implementation of this section 1.3. Nothing herein shall limit the ability of the Tribe to refer a case submitted to it under this section back to the City, as would be appropriate, or to agree with the City on a different disposition of a particular case. As used herein, "Indian person" means any enrolled member of a federally- recognized Indian tribe. In addition to the referrals set out above, either the County or City Prosecutor may elect to decline any other case consistent with State law and City and County procedures in which case the Tribe may elect to prosecute. If a case is cited into the Muckleshoot Tribal Court, the Auburn police officers shall be available to provide the Muckleshoot Tribal Prosecuting Attorney with police cooperation and assistance with testimonies in criminal proceedings to allow cases to be prosecuted in Tribal Court. RES.C Page 45 of 90 Page 4 2. Compensation. 2.1 Additional Officer Costs. The Tribe agrees to reimburse the City for the City’s costs as contained in Exhibit A, which is incorporated herein by reference. Additional Officer reimbursable expenses shall include the Additional Officer’s salary, benefits and specialty pays, if any, for the assigned officer assigned to provide services under this Agreement, along with any associated clothing allowance, quartermaster, overtime, supplies, services, telephone, motor pool, systems services, medical and workers’ compensation insurance, equipment and associated administrative costs. The budget for 2014, set out in Exhibit B, represents all costs associated with funding the officer assigned under this Agreement for calendar year 2014. Costs for subsequent years shall be determined by agreement of the parties at the time this Agreement is extended for additional periods. Such costs shall be consistent with any costing formula and Labor contract obligations applicable to all Auburn Police Officers. If the Additional Officer terminates employment or is removed from performing Additional Officer patrol duties than the City shall prepare a pro rata invoice for services rendered in accordance with Exhibit A of this Agreement, for payment by the Tribe. 2.2 Billing. The estimated contract amount shall be billed quarterly in four (4) equal amounts. Payments shall be due within 30 (thirty) days after receipt of invoices from Auburn. 3. Decisions and Policy-Making Authorities. 3.1 Coordination. Auburn will provide the Tribal Council with an opportunity to interview the candidates for the Additional Officer position, provided for in Section 1.2 of this Agreement and make a selection recommendation to Auburn. The Tribal Council must concur with the City’s selection of the Additional Officer. Prior to assignment, the Tribal Chief of Police and the Auburn Chief of Police or their designees will meet to establish a service schedule, discuss community needs, and prioritize duties consistent with the purposes and requirements of this Agreement. The Tribal Chief of Police and Auburn Chief of Police will confer at least bi-annually to evaluate the Additional Officer’s services provided under this Agreement and discuss potential changes in assignments and duties. The Tribal Council shall be given an opportunity to consult with both Chiefs with respect to policing needs. Any significant recommendations coming out of the bi-annual meetings set out in this section shall be presented to the Tribal Council for approval. The Auburn Chief of Police and the Tribal Chief of Police shall report bi-annually to the Tribal Council on the implementation of this Agreement. Nothing in this Agreement shall prevent the Additional Officer from seeking promotional opportunities or receiving a promotion. RES.C Page 46 of 90 Page 5 4. Reporting. 4.1 Criminal Reports. Criminal reports generated by the City as a result of activities on lands within the Muckleshoot Reservation will be maintained and used by the City and may be subject to state public disclosure and Privacy Act laws. 4.2 Quarterly Reports. Auburn will provide written quarterly reports on criminal activity and law enforcement responses within the Muckleshoot Reservation. Provided the Tribal and Auburn Chiefs of Police may agree on different means of sharing data and reports that assist in the provision of law enforcement services and met the purposes of this Agreement. 5. Personnel and Equipment. Auburn is at all times under this Agreement acting as an independent contractor to the Muckleshoot Tribe. 5.1 Control of Personnel. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed by and shall remain under the City’s control. 5.2 Liabilities. All liabilities for salaries, payroll taxes, benefits, wages and compensation, workers compensation, and sick leave shall remain with the City. 5.3 Vehicle. The Tribe will pay the City the costs associated with one new Auburn Police vehicle as set out in Exhibit B of this Agreement. The police vehicle will be used by the Additional Officer primarily on the Reservation, and shall bear the Auburn Police markings, plus an indication that it is assigned to the Muckleshoot Tribal Police. The vehicle shall meet the standards set out in Exhibit B to this Agreement. The parties agree that the amount set out in Exhibit B is sufficient to fund the police vehicle. The vehicle funded under this Agreement shall be owned and considered property of the City of Auburn and Auburn shall bear the responsibility for all of the vehicle’s maintenance and upkeep. Auburn shall keep the vehicle insured to protect both the City and Tribe from liability arising out its use. The parties agree that should this Agreement (or extensions thereof) terminate within five years of its initial effective date Auburn shall return the police vehicle to the Tribe. The Tribe and Auburn agree that Auburn may retain the vehicle in which case Auburn will reimburse the Tribe as follows: one fifth of the value of the vehicle on the date of termination times the number of years remaining in the first five years. 6. Term. RES.C Page 47 of 90 Page 6 6.1 Duration. This Agreement is effective upon execution by both parties, except that the Additional Officer services and associated financial obligations shall commence on or about January 1, 2014. The contract period shall continue through December 31, 2014. Thereafter, this agreement shall renew automatically from year to year unless either party initiates the termination process outlined herein. 6.2 Termination. Either party may terminate this Agreement by providing the other party with ninety (90) days' advance written notice. 7. Indemnification. 7.1 Tribe Held Harmless. The City shall indemnify and hold the Tribe and its officers, agents, and employees harmless from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees relating to or arising out of performing Additional Officer services pursuant to this Agreement, including the operation of the police vehicle funded under the Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the Tribe, the City shall defend the same at its sole cost and expense; provided that the Tribe reserves the right to participate in said suit if any principle of governmental, public law, Tribal law, or Indian law is involved; and if final judgment in said suit be rendered against the Tribe, and/or its officers, agents, and employees, or jointly against the Tribe and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 7.2 Auburn Held Harmless. The Tribe shall indemnify and hold the City and its officers, agents, and employees harmless from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the Tribe, its officers, agents, and employees, or any of them relating to or arising out of activities authorized pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against Auburn, the Tribe shall defend the same at its sale cost and expense; provided that Auburn reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City, and/or its officers, agents, and employees, or jointly against the City and the Tribe and their respective officers, agents, and employees, the Tribe shall satisfy the same, to the extent of its general liability coverage required under this Agreement. 7.3 Limited Waiver of Immunity. The parties enter into a limited mutual waiver of their respective sovereign immunities for the sole and limited purpose of enforcing the mutual indemnities in Section 7 of this Agreement and for no other purpose. Neither party hereto waives its sovereign immunity for any other purpose or RES.C Page 48 of 90 Page 7 with respect to or for the benefit of any other entity, person or government. Provided, that the Tribe's limited waiver of sovereign immunity set out in this paragraph is further limited to injunctive and declaratory relief related to the mutual indemnifications set out in this Section and to the recovery of damages to the extent covered by insurance. For this purpose, the Tribe shall maintain general liability insurance in the amount of two million dollars ($2,000,000). 7.4 Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.5 No Special Duty or Relationship. All Auburn police officers, including the Additional Officer, have a primary obligation to the City, not the Tribe. They are expected to discharge all duties of their office while performing pursuant to this contract and will not perform any non-law enforcement/peacekeeping functions for the Tribe. Furthermore, this Agreement and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this Agreement. The law enforcement/peacekeeping duties to be performed pursuant to this Agreement are the same in extent and scope as those provided by police officers to every member of the public. 8. Miscellaneous. 8.1 Audits and Inspections. The records and documents with respect to all Additional Officer services provided under this Agreement shall be subject to inspection, review or audit by the City or Tribe during the term of this Agreement and three (3) years after its termination. 8.2 Amendments. This Agreement may be amended at any time by mutual written agreement of the parties. 8.3 Dispute Resolution. Any dispute concerning the implementation of this Agreement shall be first directed to the Tribe's Chief of Police and the Auburn Chief of Police or their respective designees. If the dispute is not resolved at as provided above it shall then be referred to the Tribal Council and Auburn Mayor, who shall meet to resolve such dispute. Disputes relating to the implementation of this Agreement may not be resolved in any Court or by Administrative procedure. Termination shall be the sole remedy. Provided, that disputes involving the failure of the Tribe to provide compensation for services rendered, disputes involving the failure of the City to provide services for which payment has been made, and enforcement of sections 7.1, 7.2 and 7.3 RES.C Page 49 of 90 Page 8 may be resolved in a court of competent jurisdiction. In such action the remedy shall be limited to the recovery of money owed, the return of the vehicle or money damages limited as set out in this Agreement. 8.4 Entire Agreement/Waiver of Default. The parties agree that this Agreement 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 Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or 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. IN WITNESS THEREOF, the parties execute this Agreement. City of Auburn MUCKLESHOOT INDIAN TRIBE _____________________________ _____________________________ Auburn Mayor Tribal Council Chairman, Date: _________________________ Date: ________________________ Approved as to form: Approved as to form: _____________________________ _____________________________ Daniel Heid Auburn City Attorney Robert L. Otsea, Jr. Chief Legal Counsel City of Auburn Muckleshoot Indian Tribe Date: _________________________ Date: ________________________ RES.C Page 50 of 90 Exhibit B POLICE DEPARTMENT MEMORANDUM DATE: March 24, 2014 TO: Municipal Services Committee FROM: Bob Lee, Chief of Police SUBJECT: Muckleshoot Police Services Costs The primary duties of the Auburn MIT Officer are to enhance the law enforcement function on the Muckleshoot Indian Tribe Reservation located within the boundaries of the incorporated City of Auburn. The intent is to provide directed patrols to these tribal residents and interface with the community on a more personal level. In addition, the Auburn MIT Officer would be available to provide assistance to King County Sheriff Deputies assigned in the unincorporated area of the reservation. These 2014 costs are outlined below: · One officer working a 4 day 10 hour shift from 11:00 AM to 9:00 PM – Tuesday through Friday. 2014 On-Going Costs Commissioned Patrol Officer 2014 Annual Costs May 1 – Dec 31, 2014 Costs Salary (Grade 45 / Step 5) $83,290.00 $55,527.00 Benefits (Full Family) $36,147.00 $24,098.00 Overtime Expense $7,500.00 $5,000.00 Uniforms $750.00 $500.00 Supplies $350.00 $233.00 Small Tools $350.00 $233.00 Communications $250.00 $167.00 Travel $500.00 $333.00 Vehicle Replacement Cost $12,500.00 $8,333.00 Veh Repairs & Maint, Ins, Fuel $13,100.00 $8,733.00 Miscellaneous $400.00 $267.00 Total Annual - 8 Month Costs $155,137.00 $103,424.00 RES.C Page 51 of 90 Muckleshoot Police Services Costs Page 2 of 2 March 20, 2014 One Time Start Up Costs – 2014 Start - Up Supplies $6,500.00 Patrol Car – Vehicle Purchase & Upgrades $50,000.00 Patrol Car – DC/Video/Modem $12,600.00 Total One Time Start-Up Costs $69,100.00 Summarized 2014 Costs On-Going Costs – 8 Months $103,424.00 One Time Start-Up Costs $69,100.00 Grand Total $175,524.00 RES.C Page 52 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Curfew ACC 9.10.080 Date: February 26, 2014 Department: Police Attachments: Letter to MSC Committee Budget Impact: $0 Administrative Recommendation: For review and discussion only. Background Summary: This is a required 3-year review of ACC 9.10.080 relating to curfew. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:March 24, 2014 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 53 of 90 340 E. Main Street, Suite 201, Auburn, Washington 98002-5548 POLICE DEPARTMENT Date: March 18, 2014 To: Municipal Services Committee From: Bob Lee, Chief of Police Reference: Overview of our current Curfew Ordinance The Auburn Police Department has not encountered any issues of concern with the City’s Curfew Ordinance. This is another tool for use in enforcing laws with respect to juveniles. Statistics noted below are approximate and include most incidents when a juvenile was arrested. 2009 - 533 juveniles arrested. 37 of these arrests occurred during curfew hours (0000-0600). These include five assaults, one burglary, four thefts, two vandalisms, two trespasses, three traffic, seven warrants, two weapons offenses, four alcohol offenses and seven others. 2010 - 453 juveniles arrested. 30 of these arrests occurred during curfew hours. These include two assaults, one prowl, nine traffic, three burglaries, one vehicle theft, five warrant arrests, two DUIs, two felony harassment, one recovered stolen, one hit & run traffic accident and three thefts shoplifts. 2011 - 334 juveniles arrested. 29 of these arrests occurred during curfew hours .These include three assaults, two burglaries, four thefts, one vandalism, one trespass, one traffic offense, six warrants, one robbery, three arsons, one controlled substance, and five others. 2012 - 368 juveniles arrested. 40 of these arrests occurred during curfew hours .These include one assault, five burglaries, nine thefts, eight vandalisms, one traffic violation, one stolen/recovered vehicle, eleven warrants, three alcohol offenses, and one robbery. 2013 - 323 juvenile arrested. 32 of these arrests occurred during curfew hours. These include three assaults, six burglaries, three thefts, two vandalisms, one trespass, one stolen/recovered vehicle, 12 warrants, two sex offenses, one controlled substance violation, and one other. DI.A Page 54 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5048 Date: February 20, 2014 Department: Parks/Art and Recreation Attachments: Resolution 5048 4Culture Grant Contract Budget Impact: $0 Administrative Recommendation: City Council approve Resolution 5048. Background Summary: The office of the Cultural Development Authority of King County, doing business as 4Culture, awarded a grant to the City of Auburn in the amount of $17,000 per annum for the 2014-5 cycle as part of its Local Arts Agency Sustained Support Program. Funds for this program are provided through King County’s Hotel/Motel Tax funding initiative. Grant cycles are a bi-annual competitive process. Funding is allocated annually. The money supports City arts programming as well as community organizations that present art programs and/or activities serving the citizens of Auburn. All funded programs are required to acknowledge support from the City of Auburn and the 4Culture Hotel/Motel Tax fund in printed materials and their websites. Reviewed by Council Committees: Municipal Services, Planning And Community Development Councilmember:Holman Staff:Faber Meeting Date:March 24, 2014 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 55 of 90 - - - - - - - Resolution No. 5048 2014 Page 1 RESOLUTION NO. 5 0 4 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY (“4CULTURE”) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn Arts Commission, on behalf of the City of Auburn, submitted an application to the Cultural Development Authority of King County (4CULTURE) for a Cultural Facilities Program Grant; and WHEREAS, the City has been advised that it has been approved to receive a grant from said program in the amount of Seventeen Thousand and No/100s Dollars ($17,000.00); and WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Acceptance of Grant and Authorization of Contract. The City Council hereby accepts the Sustained Support Program Grant from 4CULTURE, in the amount of Seventeen Thousand and No/100s Dollars ($17,000.00), and authorizes the Mayor and City Clerk to execute the Contract with 4CULTURE in substantial conformity with the Contract marked as Exhibit “A” attached hereto and incorporated herein by this reference. Section 2. Implementation. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this DI.B Page 56 of 90 - - - - - - - Resolution No. 5048 2014 Page 2 legislation, including assuring that the grant fund appropriation is included in the appropriate budget documents of the City. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED 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 DI.B Page 57 of 90 DI . B Pa g e 5 8 o f 9 0 DI . B Pa g e 5 9 o f 9 0 DI . B Pa g e 6 0 o f 9 0 DI . B Pa g e 6 1 o f 9 0 DI . B Pa g e 6 2 o f 9 0 DI . B Pa g e 6 3 o f 9 0 DI . B Pa g e 6 4 o f 9 0 DI . B Pa g e 6 5 o f 9 0 DI . B Pa g e 6 6 o f 9 0 DI . B Pa g e 6 7 o f 9 0 DI . B Pa g e 6 8 o f 9 0 DI . B Pa g e 6 9 o f 9 0 DI . B Pa g e 7 0 o f 9 0 DI . B Pa g e 7 1 o f 9 0 DI . B Pa g e 7 2 o f 9 0 DI . B Pa g e 7 3 o f 9 0 DI . B Pa g e 7 4 o f 9 0 AGENDA BILL APPROVAL FORM Agenda Subject: Solid Waste - Rate Subsidy Date: March 18, 2014 Department: Finance Attachments: Solid Waste Memo Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: For review and discussion only solid waste rate study. Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:March 24, 2014 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 75 of 90 Page 1 of 3 Interoffice Memorandum To: Municipal Services Committee From: Shelley Coleman, Finance Director CC: Nancy Backus, Mayor Date: March 24, 2014 Re: Solid Waste – Rate Subsidy Following a rate study completed in October 2012, the City Council approved increases in solid waste rates effective January 2013 to fund forecasted operating expenditures through December 2014 (Ordinance 6438, passed on November 19, 2012). As part of this rate study, the City Council directed staff to begin gradually eliminating inter-class rate subsidies between the residential and commercial customer classes. The goal was to reduce the inter-class subsidy between commercial and residential to $250,000 in 2013 and $200,000 in 2014. This memorandum informs Council as to the status in the shift of cost recovery in 2013. Highlights of this analysis:  Revised solid waste rates were sufficient to eliminate the subsidy of all residential customers, even though the City annexed additional customers.  The ending working capital fund balance totaled $1.5 million at the end of 2013, and compares to $1.1 million as anticipated per the 2012 rate study. The increase in the ending working capital balance is due to stronger than anticipated revenues from commercial customers.  The City will closely monitor the financial performance of the Solid Waste Utility in 2014. At this time, no rate increases have been programmed in 2015. Table 1 on the following page compares the actual 2013 financial performance to planned performance as per the rate study. Table 2 compares the actual versus planned customer activity as per the rate study. DI.C Page 76 of 90 Page 2 of 3 Table 1: Comparison of 2013 Actual Financial Performance versus Anticipated per 2012 Rate Study 2013 Actual Utility Performance SF Refuse Com. Refuse Rolloff Refuse Including Disposal Total Allocated Cost 3,852,577$ 5,112,940$ 3,113,475$ 12,078,992$ Calculated Revenue 3,896,323 5,595,350 3,058,606 12,550,279 Difference/Class Subsidization 43,746$ 482,410$ (54,869)$ 471,287$ Solid Waste Ending Fund Working Capital Balance 1,490,362$ King County Tipping Fees 120.17$ 2013 Utility Performance as Anticipated in 2012 Rate Study SF Refuse Com. Refuse Rolloff Refuse Including Disposal Total Allocated Cost 3,927,902$ 5,198,615$ 3,170,908$ 12,297,425$ Calculated Revenue 3,677,707 5,441,148 3,171,747 12,290,602 Difference/Class Subsidization (250,195)$ 242,533$ 839$ (6,823)$ Solid Waste Ending Fund Working Capital Balance 1,074,121$ King County Tipping Fees 120.17$ DI.C Page 77 of 90 Page 3 of 3 Table 2: Comparison of 2013 Actual Customer Activity versus Anticipated per 2012 Rate Study (Most common customer classifications) Customer Classification 2013 Forecast 2013 Actual Residential Garbage - Customer Counts 10 Gallon Microcan 883 899 20 Gallon Minicart 803 881 35 Gallon Cart 8,994 9,090 64 Gallon Cart 1,874 1,968 96 Gallon Cart 442 471 Extra Garbage (up to 35 gal)510 1,404 Residential Yard Debris Service - Customer Counts 35 Gallon Cart 385 558 64 Gallon Cart 355 508 96 Gallon Cart 6,164 6,055 Commercial Garbage - Customer Counts 10 Gallon Microcan 36 39 20 Gallon Minicart 15 17 35 Gallon Cart 2,058 2,181 64 Gallon Cart 653 813 96 Gallon Cart 205 211 Extra Commercial Carts 123 319 1 Yard Container, 1 pickup/week 220 208 2 Yard Container, 1 pickup/week 203 198 3 Yard Container, 1 pickup/week 110 120 4 Yard Container, 1 pickup/week 153 154 6 Yard Container, 1 pickup/week 100 105 8 Yard Container, 1 pickup/week 61 57 Commercial Yard Debris Service - Customer Counts 35 Gallon Cart 2 4 64 Gallon Cart 2 4 96 Gallon Cart 239 256 1 Yard Container (Weekly)5 5 2 Yard Container (Weekly)50 48 Rolloff - Tons of Waste Disposed Tons of waste 16,500 15,307 DI.C Page 78 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5053 Date: March 18, 2014 Department: Finance Attachments: Resolution No. 5053 Agreement Budget Impact: See background summary Administrative Recommendation: City Council adopt Resolution No. 5053. Background Summary: Budget Impact: Current Budget: $120,000.00 Proposed Revision: $5,222.00 Revised Budget: $125,222.00 In August 2013, voters in King County approved King County Proposition No.1, authorizing an additional six-year property tax levy at a rate of $0.1877 per $1,000 of assessed valuation in the first year (2014), with subsequent levies adjusted by inflation (2015-2019). The six-year levy approved in 2014 replaces two six-year King County park levies that expired at the end of 2013 (King County Parks Levy and the Open Space and Trails Levy). According to King County, the 2014 levy would cost approximately $56/year for the owner of a $300,000 home and would generate approximately $396 million over the six year period. Monies raised by this levy would be used to support the King County parks operations/maintenance (47%); county infrastructure, acquisition and trails (39%); distribution to cities on the basis of population and property assessed valuation (7%); and distribution to the Woodland Park Zoo (7%). The estimated distribution to the City of Auburn is $125,222 (in 2014). These distributions will be receipted into the Parks Construction Fund (Fund #321). The 2014 adopted budget included $120,000 in anticipated distributions from this source. In order for the City to receive the annual distributions (2014 through 2019), the County AUBURN * MORE THAN YOU IMAGINEDDI.E Page 79 of 90 requires each city in King County to sign a Parks Property Tax Levy Agreement. This agreement requires the City to prepare and submit an annual report to the County, summarizing the use of the levy proceeds and listing of projects for which the funding is used. Council approval of Resolution No. 5053 will authorize the Mayor to sign and enter the City into this six-year agreement with the County. The signed agreement expires on December 31, 2019. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Wales Staff:Coleman Meeting Date:March 24, 2014 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 80 of 90 RESOLUTION NO. 5 0 5 3 A RESOLUTION OF THE CITY GOUNCIC OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN `THE CITY OF AUBURN AND KING COUNTY FOR THE 2014-2019 PARKS PROPERTY TAX LEVY ALLOCATION WHEREAS, the King County Council approved Ordinance 17568 in April 2013 authorizing the placement on the August 6, 2013 primary election ballot Proposition 1, which proposed establishing a $.1877 six-year property tax levy to finance King County parks operations and maintenance, park property acquisition, and park property and tra'il improvements, including distribution of funding to cities in King County for said'purposes; and WHEREAS, voters in King County approved King County Proposition 1 on August 6, 2013; and WHEREAS, King County requires each city in King County to approve and sign a Parks Property Tax Levy Agreement, the approval of which authorizes King County to distribute property tax levy funding to the City of Aubum and obligates the City of Auburn to make specific annual reports to King County regarding the use of said property tax levy funds; and WHEREAS, the anticipated distribution to the City of Auburn in 2014 is 125,222, which will be deposited into the Parks Construction Fund (Fund No. 321). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBYRESOLVES as follows: Resolu6on No. 5053 March 12,2014 Page 7 of 2DI.E Page 81 of 90 Section 1. The Mayor of 4he City of Auburn is hereby authorized to execute the Parks Property Tax Levy Agreement beiween the City of Auburn and King County, which agreement shall be in substantial conformity with the agreement attached hereto as F chibit A and incorporated herein by this reference. Section 2. The Mayor is also hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2014. CITY bF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle Daskam, City Clerk AP bED RM: B. ' , ity Atto ney Resolution No.50.53 March 12,2014 Page 2 of 2DI.E Page 82 of 90 Page 1 of 6 PARKS PROPERTY TAX LEVY AGREEMENT between KING COUNTY & (CITY) _________________ This Parks Property Tax Levy Agreement (the “Agreement”) is made and entered into as of ___________, 2014, by and between KING COUNTY, a political subdivision of the state of Washington (the “County”) and the City of ______________________, a State of Washington municipal corporation ("CITY”). RECITALS A. The County owns and operates a park system with over twenty-eight thousand (28,000) acres of regional parks and open spaces and over one hundred seventy-five (175) miles of regional trails. In addition, the County is the provider of local parks in the rural area and is the transitional provider of local parks in the urban incorporated areas. B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the County Executive and County Council, the County's Parks and Recreation Division has focused on managing a system of regional parks, open spaces and trails and a limited set of regional active recreation assets. C. Consistent with its role as a regional and local rural service provider under Countywide Planning Policies and the State Growth Management Act, the County has divested itself of local parks and facilities in urban unincorporated areas as these areas incorporate or annex to cities. D. In November 2006, the County Executive created the Parks Futures Task Force to recommend a funding plan for the current County park system, and to examine what steps should be taken, if any, regarding future park s ystem acquisitions. E. In June of 2012, the County Executive convened the King County Parks Levy Task Force to recommend a funding plan for the current park system and to examine how to address the parks and recreation needs of King County residents in the future. F. The King County Parks Levy Task Force recommended that the County replace the expiring levies and put a ballot measure before the voters in 2013 that requests a six-year inflation adjusted property tax levy lift at a total rate of $0.1901 per one thousand dollars of assessed value with a percentage of the levy proceeds to be distributed to cities for their local parks system projects. G. On April 30, 2013, the King County Council adopted Ordinance 17568 which called for a special election in accordance with RCW 29A.04.321 to authorize an additional 6-year property tax levy for specified park purposes.. H. On August 6, 2013, King County voters approved Proposition No. 1 Parks Levy that DI.E Page 83 of 90 Page 2 of 6 authorized an additional six year property tax levy at a rate of $0.1877 in the first year, with subsequent levies adjusted by inflation for the purpose of: maintaining and operating King County’s parks system, improving parks, recreation and mobility by acquiring open space, expanding park and recreation opportunities, continuing to develop regional trails; repairing, replacing, and improving local parks and trails in King County’s cities; and funding environmental educations, maintenance, conservation, and capital programs at the Woodland Park Zoo. NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1.1 Definitions. As used in this Agreement, the following terms shall have the following meanings: A. “Annual Report” shall mean the annual report prepared by the CITY and provided to the County annually by May 1 beginning in 2015 setting forth a summary of city projects for the preceding year, along with a complete financial accounting for the use of County Levy Proceeds, and a listing of all capital investments made at the CITY funded in whole or in part by County Levy Proceeds, and for the 2015 annual report the CITY shall identify the dollar amount of the CITY's Existing Funds. B. “CITY” shall mean the City of , State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. C. "CITY Proceeds" shall mean seven percent (7%) of the total County Levy Proceeds collected by King County and any interest earnings on these funds D. "CITY Projects" shall mean the City’s local park system projects consistent with Ordinance 17568. E. “County” shall mean King County, State of Washington, and all of its boards, commissions, departments, agencies and other subdivisions. F. “County Council” shall mean the County Council of King County, State of Washington. G. “County Levy” means the annual King County property tax levy for park purposes imposed by the King County Council and authorized by Proposition No. 1 Parks Levy that was approved by the County voters on August 6, 2013 that replaced two levies expiring at the end of 2013. H. “County Levy Proceeds” shall mean the principal amount of the County Levy collected by the County. DI.E Page 84 of 90 Page 3 of 6 I. “Executive” shall mean the King County Executive or his or her functional successor. J. "Existing funds" shall have the meaning, as defined by RCW 84.55.050. K. "Regional trail system" shall mean the system-wide non-motorized network of designated off-road, shared-use paths, trails, or greenways for recreation and regional mobility. 2. Term of Agreement. The term of this Agreement (the “Term”) shall be for a period commencing on the Effective Date (the “Commencement Date”), and expiring on December 31, 2019 (the “Termination Date”). 3. Receipt of County Levy Proceeds. A. Generally. Each year the County shall distribute the CITY's proportionate share of the CITY Proceeds to the CITY as authorized by Ordinance 17568, subject to Council appropriation. B. Receipt and Distribution of Levy Proceeds. 1. Payment Schedule. Beginning in 2014 and through 2019, the County shall transfer the CITY Proceeds to the CITY on a monthly basis. The annual amounts transferred shall never exceed the CITY's proportionate share of the CITY Proceeds actually collected and appropriated by King County. 2. Administrative Fee. The Parties agree that the County has authority to deduct a portion from CITY Proceeds for eligible expenditures related to the administration of the distribution of County Levy Proceeds, consistent with Ordinance 17568. 4. Use of County Levy Proceeds. The City shall only use the transferred City Proceeds for its City Projects. On or before May 1 of each year throughout the Term of this Agreement, the CITY shall provide the County with a copy of the Annual Report and provide any further documentation showing that the City Proceeds were expended on CITY Projects. The City shall maintain financial records to account separately for the City Proceeds. 5. Representations and Warranties. The CITY represents and warrants that all CITY Proceeds received by the CITY shall be used only for specific CITY Projects as defined in this Agreement and that such funds shall not be used to supplant Existing Funds. The CITY represents and warrants that all CITY Projects shall be consistent with the requirements in King County Ordinance 17568. The CITY represents and warrants that in addition to the CITY's proportionate share of the CITY's Proceeds, the CITY shall annually expend on CITY Projects an amount equal to the CITY's Existing Funds. 6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and other property attached to or installed in the City’s local parks system during the Term DI.E Page 85 of 90 Page 4 of 6 shall be and remain the properties of CITY and shall not be deemed property of the County under any circumstances. 7. Notices. All notices required to be given hereunder shall be in writing and either delivered personally or sent by certified mail to the appropriate address listed below, or at such other address as shall be provided by written notice. Notice shall be deemed communicated upon actual receipt. For convenience of the parties, copies of notices may also be given be other means; however, neither party may give official or binding notice except by personal delivery or by certified mail. If to the CITY: CITY’s Contact and Title: ___________________________________________ City Name: ___________________________________________ Mailing Address1: ___________________________________________ Mailing Address2: ___________________________________________ City, State, Zip Code: ___________________________________________ If to King County: Kevin R. Brown, Division Director King County Parks and Recreation Division Department of Natural Resources and Parks 201 South Jackson Mailstop: KSC-NR-0700 Seattle, WA 98104 8. Compliance with Laws. The CITY shall comply and conform with all applicable laws and all governmental regulations, rules and orders. 9. CITY Agreement to Comply with Audit Finding or Repay. The CITY agrees that it is financially responsible for the lawful use of the levy funds distributed under this contract. The City agrees that if the State Auditor makes an audit finding that the levy proceeds have not been spent properly, the City shall comply with the State Auditor’s audit finding and correct any improper expenditure or, at the sole discretion of the County, repay any indicated amounts to the County. This duty to comply with the audit finding or repay shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Duration of Agreement or the Termination Sections. 10. Miscellaneous. A. Liability of the County. The County’s obligations to the CITY under this Agreement shall be limited to the terms and conditions set forth herein. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost DI.E Page 86 of 90 Page 5 of 6 profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. B. Dispute Resolution. In the event of a dispute between the CITY and the County regarding any term of this Agreement, the parties shall attempt to resolve the matter informally through the following mechanism: the CITY (reps.) or their respective designee(s), shall meet with County (reps) or their respective designee(s) to review and discuss the matter(s) in dispute; if the CITY (reps) and County (reps) are unable to reach a mutual resolution, the Executive and the mayor, or their respective designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are unable to resolve the matter informally, either party may submit the matter to a non-binding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution ("ADR") procedures. The mediation may be requested by any party and shall be initiated within thirty (30) days from the date of the request unless extended by agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. Any disputes involving the lawful expenditure of levy proceeds shall be resolved by King County Superior Court if the parties cannot agree. C. No Implied Waiver. No failure by either party hereto to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right, power or remedy arising out of a breach thereof, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party’s right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision hereof shall affect any other default or performance, or cover any other period of time, other than the default, performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision hereof shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party hereto given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. D. Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Agreement. E. Successors and Assigns. The terms, covenants and conditions contained in this Agreement shall bind and inure to the benefit of the County and the CITY and, except DI.E Page 87 of 90 Page 6 of 6 as otherwise provided herein, their personal representatives and successors and assigns. There are no third party beneficiaries to this Agreement. F. Agreement made in Washington. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Washington. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in King County Superior Court. G. Integrated Agreement; Modification. This Agreement contains all the agreements of the parties hereto relating to the subject matter addressed herein, and cannot be amended or modified except by a written agreement approved by the King County Council and mutually executed between each of the parties hereto. H. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. I. Time of Essence. Time is of the essence of each provision of this Agreement. J. Signage. For each capital project funded with County Levy Proceeds, the CITY shall provide a sign including the following language: This project was funded (or as applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy approved by King County voters in August 2013 under an Agreement with King County Parks and Recreation Division. DATED this ____ day of ____________, 2014. KING COUNTY, a Washington municipal corporation By _________________________________ Its _________________________________ By authority of Ordinance No. 17568 CITY OF ______________________, a Washington municipal corporation By _________________________________ Its _________________________________ DI.E Page 88 of 90 AGENDA BILL APPROVAL FORM Agenda Subject: Project Matrix Date: March 19, 2014 Department: Police Attachments: Project Matrix Budget Impact: $0 Administrative Recommendation: For review only. Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:March 24, 2014 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 89 of 90 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. DATE STATUS 10P Red Light Photo Enforcement Bob Lee 4/28/2014 Quarterly Reports: Jan (Prev Oct-Dec); Apr (Prev Jan- Mar); Jul (Prev Apr-June); Oct (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); Apr (Prev Jan- Mar); Jul (Prev Apr-June); Oct (Prev July-Sept) 1st meeting of the month. 21P AVHS Board Review and Animal Control Licensing Program Shelley Coleman 4/28/2014 On-Going Quarterly Staff Report: Jan (Prev Oct-Dec); Apr (Prev Jan-Mar); Jul (Prev Apr-Jun); Oct (Prev Jul-Sep). 2nd meeting of the month. Statistical data will be provided monthly to the committee for tracking purposes of License sales for measuring the rabies certification policy change (via email or their mailboxes). 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 Review Daryl Faber 4/28/2014 On-Going Quarterly Reports: Jan (Prev Oct-Dec); Apr (Prev Jan- Mar); Jul (Prev Apr-June); Oct (Prev July-Sept) 2nd meeting of the month. 31P Cemetery Update Daryl Faber 4/28/2014 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 2/10/2015 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 4/28/2014 Quarterly Reports: Jan (Prev Oct-Dec); Apr (Prev Jan- Mar); Jul (Prev Apr-June); Oct (Prev July-Sept) 2nd meeting of the month. Review SCORE Jail statistics. 8I Street Sweeping Schedule Randy Bailey 4/14/2014 Review street sweeping schedule. 9I Auto Thefts Bob Lee 8/11/2014 Review auto theft statistics every 6 months. Last Revision Date: 2/25/14 E:\AGENDA\MunicipalServicesPaperlessPacket\2014\06-March 24\Resources\Matrix 02-25-14.xls DI.F Page 90 of 90