HomeMy WebLinkAbout04-07-2014 CITY COUNCIL AGENDA PACKET
City Council Meeting
April 7, 2014 - 7:30 PM
Auburn City Hall
AGENDA
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I.CALL TO ORDER
A.Flag Salute
B.Roll Call
C.Announcements, Appointments, and Presentations
1. White River Valley Museum & Mary Olson Farm Presentation
Mayor Backus to recognize Patricia Cosgrove for receiving the King
Conservation District Award for Mary Olson Farm.
2. Hilary Pittenger Book Publication
Mayor Backus to recognize Hilary Pittenger on the publication of her book
Images of America: Auburn.
3. Nancy Henderson - Pierce Transit Transportation Board Presentation
4. Proclamation - YMCA Healthy Kids Day
Mayor Backus to proclaim Saturday, April 26, 2014 as YMCA Healthy Kids
Day in the city of Auburn.
5. Proclamation - April 11, 2014 as "Arbor Day"
Mayor Backus to proclaim April 11, 2014 as Arbor Day in the city of Auburn.
6. Proclamation - Volunteer Month
Mayor Backus to proclaim April, 2014, as Volunteer Month in the city of
Auburn.
7. Boards and Commissions Appointments
City Council to confirm the appointment of James Tourangeau to the Urban
Tree Board for a term to expire December 31, 2016.
(RECOMMENDED ACTION: City Council confirm the appointment of
James Tourangeau to the Urban Tree Board.)
D.Agenda Modifications
II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A.Public Hearings
No public hearing is scheduled for this evening.
Page 1 of 137
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence
There is no correspondence for Council review.
III.COUNCIL COMMITTEE REPORTS
A.Municipal Services
1. March 24, 2014 Minutes* (Peloza)
B.Planning & Community Development
1. March 24, 2014 Minutes* (Holman)
C.Public Works
1. March 17, 2014 Minutes* (Osborne)
D.Finance
1. March 17, 2014 Minutes* (Wales)
E.Les Gove Community Campus
F.Council Operations Committee
IV.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the March 17, 2014 regular meeting*
B. Claims Vouchers (Wales/Coleman)
Check numbers 427873 through 428092 in the amount of $3,606,818.41 and six
wire transfers in the amount of $49,196.83 and dated April 7, 2014.
C. Payroll Vouchers (Wales/Coleman)
Payroll check numbers 534581 through 534612 in the amount of $303,098.61 and
electronic deposit transmissions in the amount of $1,360,792.80 for a grand total
of $1,663,891.41 for the period covering March 13, 2014 through April 2, 2014.
D. Contract for False Alarm Billing & Tracking Services* (Peloza/Lee)
City Council approve the contract with AOT Public Safety Corporation for false
alarm billing and tracking services.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
V.UNFINISHED BUSINESS
There is no unfinished business.
VI.NEW BUSINESS
Page 2 of 137
There is no new business.
VII.ORDINANCES
A. Ordinance No. 6503* (Peloza/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
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance No.
6503.)
VIII.RESOLUTIONS
A. Resolution No. 5041* (Peloza/Faber)
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
(RECOMMENDED ACTION: City Council adopt Resolution No. 5041.)
B. Resolution No. 5048* (Holman/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
(RECOMMENDED ACTION: City Council adopt Resolution No. 5048.)
C. Resolution No. 5050* (Osborne)
A Resolution of the City Council of the City of Auburn, Washington, seeking to
protect the health, safety, and economic well-being of local citizens and Auburn's
drinking water supply and natural resources from the potential impact of increased
crude oil rail traffic passing through the city of Auburn
(RECOMMENDED ACTION: City Council adopt Resolution No. 5050.)
D. Resolution No. 5053* (Wales/Coleman)
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 King County for
the 2014-2019 Parks Property Tax Levy allocation
(RECOMMENDED ACTION: City Council adopt Resolution No. 5053.)
E. Resolution No. 5054* (Wagner/Heid)
A Resolution of the City Council of the City of Auburn, Washington, amending
Resolution No. 5017 of the City Council of the City of Auburn, Washington, passed
December 3, 2013, relating to the standing committees of the City Council of the
City of Auburn
(RECOMMENDED ACTION: City Council adopt Resolution No. 5054.)
F. Resolution No. 5055* (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Page 3 of 137
Mayor to execute a lease between the City of Auburn and Century West for airport
property
(RECOMMENDED ACTION: City Council adopt Resolution No. 5055.)
G. Resolution No. 5056* (Peloza/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
(RECOMMENDED ACTION: City Council adopt Resolution No. 5056.)
IX. REPORTS
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
X.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 4 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 24, 2014 Minutes
Date:
April 3, 2014
Department:
Police
Attachments:
March 24, 2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:April 7, 2014 Item Number:MS.1
AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 137
Municipal Services Committee
March 24, 2014 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:33 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, Parks, Arts & Recreation
Director Daryl Faber, Finance Director Shelley Coleman, City Attorney
Dan Heid, Community Development/Public Works Director Kevin
Snyder, Planning Services Manager Elizabeth Chamberlain, Auburn
Airport Manager Jamelle Garcia, Art Coordinator Maija McKnight and
Police Secretary/Scribe Terry Mendoza. Others present: Auburn
Symphony Orchestra representatives Lee Valenta and Tanya Rottle,
and Auburn Reporter representative Robert Whale.
B. Announcements
C. Agenda Modifications
Resolution No. 5055 (Coleman)
Finance Director Shelley Coleman reported on Resolution No. 5055
which authorizes the Mayor to execute a lease between the City and
Century West for Airport Property. This is a lease of the office which
the Airport Management Group (AMG) is currently operating out of - a
small modular building owned by the City. Since the building will be
vacated when the AMG moves over to the facility previously occupied
by the Flight School, Century West (CW) would like to utilize the small
500-600 square foot space. CW is part of our agreement to be our
consultant engineer on airport improvements and one of their requests
was to be located on the airport property. The switch is tentatively set
for May 1, 2014. Committee discussion followed.
Member DaCorsi moved to forward Resolution No. 5055 to full
Council for consideration. Vice Chair Osborne seconded. Chair
Peloza concurred.
Page 1 of 6
MS.1 Page 6 of 137
MOTION PASSED: 3-0
Imagine Auburn Visioning Workshop (Chamberlain)
Elizabeth Chamberlain, Planning Services Manager, invited the
Committee and other staff in attendance to participate in the City's
Imagine Auburn visioning workshop. This is the first step in the City's
update to their comprehensive plan which is due in June of 2015.
City-wide over 500 responses have been received so far and
presentations have been made to several local City groups and
neighborhood meetings. Manager Chamberlain asked four questions
and recorded staff responses which will be submitted to the Planning
Commission and the Planning and Community Development
Committee in the form of a draft vision report. Committee discussion
followed.
II. CONSENT AGENDA
A. February 24, 2014 Minutes
Vice Chair Osborne moved to accept the Minutes as presented.
Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED 3-0
B. Contract for False Alarm Billing & Tracking Services (Lee)
Bill Pierson, Assistant Chief of Police, provided an update regarding
the contract for False Alarm Billing and Tracking Services. The city
currently contracts with AOT Public Safety Corporation (PSC) and
their contract is set to expire in May. The Police Department (PD) has
been pleased with the services PSC has provided over the last
several years as our third party administrator for false alarms. As
such, the PD is recommending that we continue to contract with PSC
for these services. The only change made to the contract, as
recommended by Legal, was the removal of set-up verbiage which
was included in the original contract language. All other information
remains the same. Committee discussion followed with the
Committee requesting a few minor grammatical and formatting
corrections.
Vice Chair Osborne moved to approve the Contract for False Alarm
Billing and Tracking Services with the modifications as stated.
Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ORDINANCES
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MS.1 Page 7 of 137
A. Ordinance No. 6503 (Lee)
Assistant Chief of Police, Bill Pierson, briefed the Committee on
Ordinance No. 6503. Due to recent arrest situations at the Police
Department (PD) involving disorderly conduct, the PD has
reviewed ACC 9.78.010 with the Legal department and is
recommending an update. The addition of item 9 in Section 1 of ACC
9.78.010 is based on the same type of policy currently in place for
other local jurisdictions. Committee discussion followed and a minor
change was requested.
Vice Chair Osborne moved to forward Ordinance No. 6503 with the
modification as stated to full Council for consideration. DaCorsi
seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. RESOLUTIONS
A. Resolution No. 5041 (Faber)
Daryl Faber, Director of Parks, Arts & Recreation, acknowledged the
presence of Lee Valenta and Tanya Rottle from the Auburn
Symphony Orchestra (ASO) at the meeting. Director Faber reported
on the changes previously requested during discussion at the
February 24, 2014 meeting of the Municipal Services Committee. All
changes were addressed in meetings with the ASO and the City's
Legal team. Changes include: (1) edited the type of contract to a
general one between the City and the ASO for specified deliverables
as listed in the scope of work; (2) actual symphony performance dates
have been included in the contract; (3) clarification on the percent of
marketing dollars and the ASO marketing budget were added to the
contract; (4) information relating to the provision of free and/or
discounted tickets has been discussed, clarified and included in the
contract; (5) details were added on to the spreadsheet (chart)
referencing the attendance at ASO events in prior years; and (6) the
budget impact on the agenda bill was changed from $75,000.00 to
$0.00. The amount has already been included in 2014 so there is no
impact to the City's budget. Committee discussion followed with the
Committee recommending additional changes. All parties agreed to
the requested changes.
Vice Chair Osborne moved to forward Resolution No. 5041 with
modifications as stated to full Council for consideration. Member
DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
B. Resolution No. 5056 (Lee)
Page 3 of 6
MS.1 Page 8 of 137
Chief of Police Bob Lee briefed the Committee on Resolution No.
5056 which authorizes the Mayor and City Clerk to execute an
agreement by and between the City of Auburn and the Muckleshoot
Indian Tribe (MIT) for police services. This agreement provides for
one Auburn Police Officer to be assigned to the MIT on a full-time
basis. The assigned officer will work closely with Auburn Police
officers in the field but primary duties will be on the reservation. The
assigned 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 MIT shall direct daily patrol and work assignments from
the Tribal Chief of Police. Committee discussion followed and minor
formatting changes were recommended.
Vice Chair Osborne moved to forward Resolution No. 5056 to full
Council for consideration. Member DaCorsi seconded. Chair Peloza
concurred.
MOTION PASSED: 3-0
V. DISCUSSION ITEMS
A. Curfew ACC 9.10.080 (Lee)
Chief of Police Bob Lee reported on the required 3-year review of
ACC 9.10.080 relating to curfew. Upon review of this ordinance the
Police Department did not come across any issues of concern and
believe this to be a very successful tool for use in enforcing laws with
respect to juveniles in the City. Since 2009, statistics show a
decrease over the years in the number of juveniles arrested and/or
contacted during curfew hours. None of the juveniles were arrested
for being in violation of curfew however; it did provide officers with an
opportunity to make contact with people (parents or guardians) so
that arrangements could be made to get the youth(s) off the streets.
Mayor Backus commented that the question about curfew was
included in one of her recent weekly updates and she received an
overwhelming amount of positive responses to continue with this
curfew ordinance. Committee discussion followed.
B. Resolution No. 5048 (Faber)
Director of Parks, Arts & Recreation, Daryl Faber, provided
information on Resolution No. 5048 which authorizes the acceptance
of a grant from the Cultural Development Authority of King County
("4Culture"). This is an ongoing source of support for the City from
King County. It is for sustained support for local arts agencies which
the City then re-grants these funds to various Auburn area agencies
providing art programs and activities serving the Auburn citizens.
Grant cycles are a bi-annual competitive process with funding
allocated annually. Committee discussion followed.
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MS.1 Page 9 of 137
C. Solid Waste - Rate Subsidy (Coleman)
Shelley Coleman, Finance Director, provided an update on the Solid
Waste Rate Subsidy which was based on a completed study in
October 2012. The result of the study led to Council's approval of
increases in solid waste rates effective in January 2013. The goal
was for staff to gradually eliminate inter-class rate subsidies between
residential and commercial customer classes in the amount of
$250,000.00 in 2013 and $200,000.00 in 2014. Director Coleman
stated that the current review shows that the revised solid waste rates
were sufficient to eliminate the subsidy of all residential customers
even with the annexation of additional City customers. The ending
working capital fund balance totaled $1.5 million at the end of 2013
and the increase 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 and no rate increases
are anticipated for 2015. Committee discussion followed.
D. Resolution No. 5053 (Coleman)
Finance Director Shelley Coleman reported on Resolution No. 5053
and requested that the Municipal Services Committee take action on
this item since it has already gone through the Finance Committee.
This resolution authorizes the Mayor and City Clerk to execute an
agreement between the City and King County for the 2014-2019
Parks Property Tax Levy allocation. In August 2013, Proposition No.
1 was approved by King County voters allowing for 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 for
inflation (2015-2019). The monies are to be used in the Parks
program for open space, park acquisition and trails, and local park
improvements. Director Coleman also brought the attention of an
agenda bill formatting change by Finance to include information on the
budget impact in the 'Summary' section of the agenda bill. The
change will include a breakdown of the budget impact instead of just
providing a total budget amount. Committee discussion followed.
Vice-Chair Osborne moved to forward to full Council for
consideration. Member DaCorsi seconded. Chair Peloza concurred.
MOTION PASSED: 3-0
E. Project Matrix
The following changes were identified for the Project Matrix:
Item 10P: Status updated.
Item 21P: Status updated.
Item 24P: Status updated.
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MS.1 Page 10 of 137
Item 28P: Review date updated to 11/25/14. Status updated.
VI. ADJOURNMENT
The meeting was adjourned at 5:02 pm. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, April 14, 2014 in
Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA.
Signed this ______ day of April, 2014.
___________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
Page 6 of 6
MS.1 Page 11 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 24, 2014 Minutes
Date:
April 2, 2014
Department:
Planning and Development
Attachments:
March 24, 2014 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Holman Staff:
Meeting Date:April 7, 2014 Item Number:PCD.1
AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 12 of 137
Planning and Community
Development
March 24, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair John Holman called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the second floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair John Holman, Vice-Chair Largo Wales, and Member Yolanda
Trout were present. Also present were Mayor Nancy Backus, Director
of Community Development & Public Works Kevin Snyder, Assistant
Director of Community Development Services Jeff Tate, Planning
Services Manager Elizabeth Chamberlain, Economic Development
Manager Doug Lein, Director of Administration Michael Hursh,
Environmental Services Manager Chris Andersen, Environmental
Services Planner Jamie Kelly, and Office Assistant Sue Van Slyke.
Members of the public present were Councilmember Bill Peloza,
Robert Whale of the Auburn Reporter and Laura Westergard from the
Auburn Downtown Association.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - March 7, 2014 (Tate)
Member Trout moved and Vice-Chair Wales seconded to approve the
March 7, 2014 Planning and Community Development Committee
minutes as written.
Motion carried unanimously. 3-0
Page 1 of 4
PCD.1 Page 13 of 137
III. DISCUSSION ITEMS
A. Housing Home Repair Program Overview (Tate/Hursh)
Assistant Director of Community Development Services Jeff Tate
presented an overview of the Housing Home Repair Program for low
income residents in the City of Auburn. This is a joint endeavor
administered by Department of Administration Michael Hursh and
Duanna Richards, Neighborhood Programs Manager. This is a grant
funded program whereby income qualified residents can submit an
application to the City for consideration to have minor home
improvements done on their property. The City of Auburn is currently
completing around 50 properties each year through this program. The
funding source is primarily through the Community Development
Block Grant (CDBG) which is reviewed every couple of years to renew
this source of funding. There is a thorough process which ensures that
the repairs are completed to the satisfaction of all parties involved.
Assistant Director Tate displayed before and after photos of past
projects completed through this program. Director Hursh reported that
the City receives approximately $500,000.00 per year for the CDBG
and City funds match it 100%. He stated that this program is far
reaching in that connections are established for people who do not
have the resources to change their circumstances. The Committee
was informed that this program also has relationships with outside
organizations, such as PSE, which are able to assist on various
projects through their respective programs.
B. Overview of the 2014 Environmental Restoration Projects (Andersen)
Environmental Services Manager Chris Andersen provided an
overview of the 2014 Environmental Restoration Projects. The major
projects include the Auburn Environmental Park, the Fenster Levee
Setback, Phase 2 and the Mill Creek Wetland 5K Stream Restoration.
Other projects include the Earth Day project -West Hill Lake Invasive
Species Removal and the Clean Sweep project- Reddington Levee
Native Plant Establishment. He informed the Committee extensively
on the Mill Creek Wetland 5K Stream Restoration explaining all the
aspects of the project and how the various organizations partner in
completing this project. Funding sources, projected costs, current
status and the next steps where presented with construction slated for
2015.
Page 2 of 4
PCD.1 Page 14 of 137
Mr. Andersen briefly covered the Fenster Levee Setback and the
progress associated with this project that is located near the Green
River. This is a priority project for the Salmon Habitat Plan Ecosystem
Restoration Study. The goal is to restore the natural river processes
and allow for some limited channel migration.
Mr. Andersen informed the Committee of the 1st annual Earth Day
project that will be held on April 19, 2014, which will be lead by
Environmental Services Planner Jaime Kelly. A work party will be
organized to remove invasive ivy which is overpowering the
vegetation on the West Hill Lake property. Notices for volunteers will
be sent out via city channels for the 4 to 6 hour project. The goal is to
make this an annual event to promote Earth Day.
The last project, Clean Sweep, will be conducted at the Reddington
Levy. Though planting has been completed, existing mulch needs to
be spread which will encourage the plants to thrive.
C. Director's Report (Tate)
Assistant Director Tate reported that a Certificate of Occupancy was
just issued to a new business in the community, Jimmy John's.
He also informed the Committee of the Community Visioning
workshops that have been held for informing the general public on the
Comprehensive Plan and to gain valuable feedback which will be
used when creating the long-range policy document. There has been
an effort to reach out to many organizations within the City of Auburn
presenting the same information and requesting their input.
Lastly, Assistant Director Tate informed the Committee that there will
be more information regarding the Communal Residential Housing at
the April 28, 2014 meeting. Currently, 10 properties have submitted
either rental license applications or permit applications. There are at
least 30 more properties identified that need to be reviewed for
compliance with the new ordinance.
D. PCDC Status Matrix (Tate)
There were no changes or additions.
Page 3 of 4
PCD.1 Page 15 of 137
IV. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:22
p.m.
Approved this______day of _____________, 2014
_______________________________________
John Holman
Chairman
_______________________________________
Sue Van Slyke
Office Assistant, Community Development Services
Page 4 of 4
PCD.1 Page 16 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 17, 2014 Minutes
Date:
April 2, 2014
Department:
Public Works
Attachments:
Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Osborne Staff:
Meeting Date:April 7, 2014 Item Number:PW.1
AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 17 of 137
Public Works Committee
March 17, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in Conference
Room #2, located on the second floor of Auburn City Hall, One East Main Street,
Auburn, Washington.
A. Roll Call
Chairman Wayne Osborne, Vice-Chair Bill Peloza, and Member Claude
DaCorsi were present. Also present during the meeting were: Mayor Nancy
Backus, Director of Administration Michael Hursh, Community Development &
Public Works Director Kevin Snyder, Assistant Director of Engineering/City
Engineer Ingrid Gaub, Assistant Director of Operations Randy Bailey, Acting
Utilities Engineer Susan Fenhaus, Transportation Manager Pablo Para, Senior
Project Engineer Jacob Sweeting, Project Engineer Seth Wickstrom,
Engineering Aide Amber Mund and Public Works Office Assistant Molly
Hoisington.
Members of the public in attendance included: Max Wills, Robinson Noble Inc.
and Chuck Hartung, Hainline & Associates, Inc.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no modifications to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the
Committee approve the Public Works Committee Meeting minutes for date,
March 3, 2014.
Motion carried 3-0.
III. ACTION
A. Resolution No. 5051 (Hursh)
Resolution of the City Council of the City of Auburn, Washington to adopt the
2013 Consolidated Annual Performance and Evaluation Report (CAPER) for
the Community Development Block Grant Program
This resolution was moved to discussion, and for the purpose of these minutes
was discussed prior to Discussion Item A.
Page 1 of 4
PW.1 Page 18 of 137
Director of Administration Hursh stated the Consolidated Annual Performance
and Evaluation Report (CAPER) is the City’s report back to HUD for the City’s
actions on its annual action plan for the year.
Vice-Chair Peloza suggested having verbiage changed in specific areas of the
CAPER. Following discussion with Administrative Director Hursh, the following
changes will be made:
- Page 7, Item H, the second sentence, the word "they" will be changed to
"the"
- Third line, entire sentence will be reworked
Administrative Director Hursh answered questions asked by Chairman
Osborne regarding public infrastructure.
B. Right-of-Way Use Permit No. 13-07 (Mund)
Approve Right-of-Way Use Permit No. 13-07 Amendment No. 1 for
Muckleshoot Indian Tribe for Monitoring Wells
Engineering Aide Mund explained this is an amendment to Right-of-Way Use
Permit 13-07 which allows the Muckleshoot Indian Tribe to add five more
monitoring wells in the City’s Right-of-Way on Fir Street and on Auburn Way
South.
Engineering Aide Mund responded to question asked by Chairman Osborne
regarding activity report on existing wells. Chairman Osborne asked that the
report be made available to Committee; Mund responded that she will forward
this information.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the
Committee approve Right-of-Way Use Permit No. 13-07 Amendment No. 1 for
Muckleshoot Indian Tribe for Monitoring Wells.
Motion carried 3-0.
C. Public Works Consultant Agreement No. AG-C-450 (Wickstrom)
Grant permission to enter into Consultant Agreement No. AG-C-450 with
Brown and Caldwell for engineering services for Project No. CP1320,
Maintenance and Operations Storm Drainage Improvement project
Project Engineer Wickstrom explained Consultant Agreement No. AG-C-450
will be with Brown and Caldwell to provide design engineering services and
construction support for the Maintenance and Operations Storm Drainage
Improvement Project. This project will be installing new storm ponds and
expanding the decant facility at the Maintenance and Operations site which is
located off of C Street SW.
Vice-Chair Peloza requested to see a copy of the agreement which will be
provided to the committee for informational purposes. Director Snyder, City
Engineer Gaub, and Mayor Backus discussed with the Committee what has
been the standard practice regarding Committee approvals of consultant
agreements and cooperatively explained that for standard consultant
agreements for design of capital projects, the standard practice has been to
bring the scope of work to the Committee and not the entire agreement.
Member DaCorsi requested a copy of the standard consultant agreement
which will be provided to the committee. Page 2 of 4
PW.1 Page 19 of 137
Vice-Chair Peloza requested to have ".00"added to the $450,000 under the
scope of work summary portion.
The Committee and staff had discussion regarding general information on this
agreement.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi that the
Committee recommend City Council grant permission to enter into Consultant
Agreement No. AG-C-450 with Brown and Caldwell.
Motion carried 3-0.
D. Resolution 5052 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor to Negotiate Agreements and Execute Documents
Necessary to Acquire Property Related to Lea Hill Road Segment 1
Improvements
Transportation Manager Para explained this resolution is authorizing the
Mayor to negotiate agreements necessary to acquire particular parcels on Lea
Hill related to future improvements along the corridor.
The Committee and staff reviewed the particular parcels.
Transportation Manager Para responded to question asked by Chairman
Osborne regarding the property line set back requirements and the future
placement of the new roadway connection between 102nd Avenue SE and
104th Avenue SE.
It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the
Committee recommend City Council adopt Resolution No. 5052.
Motion carried 3-0.
IV. DISCUSSION ITEMS
A. Capital Project Status Report (Sweeting)
Item 1 – C201A – M Street Underpass (Grade Separation): Answering
questions asked by Chairman Osborne, Senior Project Engineer Sweeting
confirmed there is minor work remaining on this project, mainly restoration of
the private properties including replacement of lawn sod and other
landscaping which was impacted by the grade lowering.
Item 7 – CP1207 – D Street NE Utility Improvements: Chairman Osborne
mentioned there was additional funding added and wanted to know the status.
Senior Project Engineer Sweeting responded that the added funding reflects
the change order that was previously approved by the Committee and that
there have been some delays due to wet weather.
Item 18 – CP1109 – 2011 Storm Pipeline Repair and Replacement, Phase 2:
Senior Project Engineer Sweeting responded to a question asked by
Chairman Osborne explaining the agreement was executed with the
Lakehaven Utility District and the project is now moving forward.
Page 3 of 4
PW.1 Page 20 of 137
B. Significant Infrastructure Projects by Others - Public Works Status Report
(Gaub)
Item 1- Green River Community College:
Chairman Osborne requested to have this item removed as it has been
completed.
C. Action Tracking Matrix (Gaub)
Item F – 320th Street SE Street Corridor:
Chairman Osborne requested to have this item removed as it has been
addressed.
V. ADJOURNMENT
There being no further business to come before the Public Works Committee, the
meeting was adjourned at 4:24 p.m.
Approved this ___ day of ________, 2014.
_____________________________ _____________________________
Wayne Osborne Molly Hoisington
Chairman Public Works Office Assistant
Page 4 of 4
PW.1 Page 21 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
March 17, 2014 Minutes
Date:
April 1, 2014
Department:
Administration
Attachments:
3-17-2014 minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Wales Staff:
Meeting Date:April 7, 2014 Item Number:FN.1
AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 22 of 137
Finance Committee
March 17, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex
located at One East Main Street.
A. Roll Call
Chair Wales, Vice Chair John Holman and Member Yolanda Trout
were in attendance.
Officials and staff members in attendance during the meeting
included: Mayor Nancy Backus, Director of Administration Michael
Hursh, Finance Director Shelley Coleman, Community Development
and Public Works Director Kevin Snyder, Interim Director of Human
Resources and Risk Management Rob Roscoe, Assistant Director of
Engineering Services/City Engineer Ingrid Gaub, and City Clerk
Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
There was no change to the agenda.
II. CONSENT AGENDA
A. Minutes of the March 3, 2014 regular meeting
Vice Chair Holman moved and Member Trout seconded to approve the
minutes of the March 3, 2014 meeting.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Claims Vouchers (Coleman)
Claims voucher numbers 427693 through 427872 in the amount of
$2,125,047.07 and one wire transfer in the amount of $48,230.11 and
dated March 17, 2014.
Committee members briefly reviewed and discussed claims and payroll
vouchers.
Page 1 of 6
FN.1 Page 23 of 137
Member Trout moved and Vice Chair Holman seconded to approve the
claims and payroll vouchers.
MOTION CARRIED UNANIMOUSLY. 3-0
C. Payroll Vouchers (Coleman)
Payroll check numbers 534554 through 534580 in the amount of
$856,770.99 and electronic deposit transmissions in the amount of
$1,284,256.90 for a grand total of $2,141,036.89 for the period
covering February 27, 2014 to March 12, 2014.
See claims vouchers above for approval of payroll vouchers.
III. ORDINANCES
A. Ordinance No. 6502 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6432, the 2013-2014 Biennial Budget
Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474,
Ordinance No. 6481, authorizing amendment to the City of Auburn
2013-2014 Budget as set forth in schedule “A” and schedule “B”
Finance Director Coleman presented Ordinance No. 6502, which was
discussed by the Committee at the March 3, 2014 meeting. The
budget amendment (#7) primarily consists of carry-forward of projects
and programs that were authorized and started in 2013 but not yet
complete. Funding is requested to be carried forward to 2014 for
project continuation and completion.
Finance Director Coleman noted the amendment includes property
acquisition at Les Gove Park. The funding ($1.29 million) for the
purchase will come from the Cumulative Reserve Fund.
In response to questions from Vice Chair Holman, Finance Director
Coleman confirmed any purchase and sale agreement for property
around Les Gove Park will be presented to the Council for approval.
In response to questions from Member Trout regarding discussion at
the previous meeting related to carry forward funding for the one stop
center and human services agreements, Director Hursh explained the
neighborhood matching grant program has several projects that are
weather dependent, and agreements that were made in 2013 need to
be carried forward for completion in 2014. Additionally, there is some
work related to the Veterans and Human Services Center development
project that was not finished in 2013 and continues in 2014.
Chair Wales requested a list of agencies and programs funded by the
City's human services funding in 2013. Director Hursh reported an Page 2 of 6
FN.1 Page 24 of 137
overview of human services funding will be part of the Council's
Committee of the Whole meeting on March 31st. Chair Wales
suggested the Council review the philosophy behind program funding
decisions.
Chair Wales inquired regarding the $50,000 in facility interfund charges
to the Cemetery. Finance Director Coleman explained the interfund
charges are for utility charges. The Cemetery has experienced
a significant increase in utility charges and staff members are
investigating the reason behind the increase in utility fees paid to
Lakehaven Utility District.
Vice Chair Holman moved and Member Trout seconded to approve
and forward Ordinance No. 6502 to the full Council.
IV. RESOLUTIONS
A. Resolution No. 5037 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the transfer of funds for the purpose of making a loan or
loans from the General Fund and/or the Cumulative Reserve Fund to a
grant sustained or project focused Special Revenue Fund for up to a
three-year period of time
Finance Director Coleman presented Resolution No. 5037. The
Committee reviewed the Resolution at their March 3rd meeting.
The Resolution authorizes interfund loans to provide the operational
flexibility to cover authorized expenditures, such as when the City is
awaiting reimbursement of expenses from a grant. The Resolution
provides that the Finance Department can prepare an interim interfund
loan, when needed, from the General Fund and/or the Cumulative
Reserve Fund to a grant sustained fund in the event the City is
awaiting reimbursement of federal, state or local grant funds. The
Resolution is a standard that has been used for several years and is
renewed every three years.
Vice Chair Holman moved and Member Trout seconded to adopt
Resolution No. 5037.
MOTION CARRIED UNANIMOUSLY. 3-0
B. Resolution No. 5051 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington
to accept the Consolidated Annual Performance and Evaluation Report
(CAPER) for the 2013 program year
Director of Administration Hursh presented Resolution No. 5051. The
Resolution will accept the Annual Performance and Evaluation Report Page 3 of 6
FN.1 Page 25 of 137
for the 2013 Community Development Block Grant (CDBG) program
year. The annual report is required by the Department of Housing and
Urban Development in order to receive CDBG funding. The report
delineates the amount of funding distributed through the program, how
the funding was allocated, and assesses how the funding addresses
the goals of the Consolidated Plan for housing and community
development for low and moderate income residents.
Director Hursh highlighted the housing repair program where the
program awards grants for minor home repairs to low-income residents
and primarily senior homeowners. Also, the CDBG program provides
several agencies with funding that helps prevent homelessness and
provides emergency and transitional housing needs.
Director Hursh spoke briefly regarding the management and success
of the program. Director Hursh estimated that 51 percent of the City's
population are low to moderate income.
Member Trout moved and Vice Chair Holman seconded to adopt
Resolution No. 5051.
MOTION CARRIED UNANIMOUSLY. 3-0
V. DISCUSSION ITEMS
A. Resolution No. 5052 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to negotiate agreements and execute
documents necessary to acquire property related to Lea Hill Road
Segment 1 Improvements
Assistant Director of Engineering Services/City Engineer Gaub
presented Resolution No. 5052. The Resolution authorizes the Mayor
to execute documents necessary to acquire property related to the Lea
Hill Road Segment 1 Project. Assistant Director Gaub briefly reviewed
the planned parcel acquisitions and realignment of Lea Hill Road.
B. Resolution No. 5053 (Coleman)
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 King County for the 2014-2019 Parks Property Tax Levy
allocation
Finance Director Coleman presented Resolution No. 5053. Last
summer, voters approved King County Proposition No. 1 authorizing
an additional six-year property tax levy for parks
operation/maintenance, infrastructure, acquisition, trails, and
distribution to cities on the basis of population and property assessed
value. The estimated distribution to the City of Auburn is $125,222.00
in 2014. The revenue can be used for parks and open spaces. In Page 4 of 6
FN.1 Page 26 of 137
order for the City to receive the tax distribution, the City must enter into
a property tax levy agreement with King County.
C. Pcard Statistics (Coleman)
Finance Director Coleman presented graphs and charts on the use of
procurement cards, purchase orders, and rebates received by the City
based on usage of the procurement cards during 2013. Use of the
procurement card has greatly decreased the purchase order
processing. The City received over $16,000 in rebates in 2013.
D. Cemetery RFP (Faber)
Chair Wales spoke regarding the one response received for the
proposed management of the Mountain View Cemetery. Chair Wales
stated she was surprised to learn that the request for proposal was for
the management of the cemetery. Chair Wales expressed a desire to
review the cost for the maintenance of the cemetery facility. Interim
Human Resources Director Roscoe explained that the City employs
Maintenance Workers 1 and 2 at the cemetery, who perform a variety
of duties including maintenance of the facility, lawn care, grave
digging, plotting, etc. The current language in the collective
bargaining agreement gives the City the ability to subcontract out all of
the union work.
Chair Wales requested the Committee be provided with the salary and
benefit expenses for the four maintenance workers at the cemetery.
Chair Wales requested the Committee review the status of the
cemetery in another month.
E. Funding for Kiosks
Chair Wales noted the City has installed three kiosks in the downtown
area. However, lack of funding has prevented the construction of the
remaining kiosks.
Community Development and Public Works Director Snyder reported
seven more kiosks are planned. Each kiosk costs approximately
$30,000.00. Director Snyder also reported that of the three kiosks in
place, one was grant funded. The Planning and Community
Development Committee discussed the possibility of including the
funding for the kiosks in phases in future budgets.
Director Snyder stated it was always the intent to request Council to
support the kiosk construction, if possible, as part of the continued
investment in the downtown area.
VI. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 6:07 p.m. Page 5 of 6
FN.1 Page 27 of 137
APPROVED this _____ day of ______________, 2014.
_______________________________ ___________________________
Largo Wales, Chair Danielle Daskam, City Clerk
Page 6 of 6
FN.1 Page 28 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 17, 2014 regular meeting
Date:
April 3, 2014
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
City Council approve the minutes of the March 17, 2014 regular meeting.
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 7, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 29 of 137
City Council Meeting
March 17, 2014 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Nancy Backus called the meeting to order at 7:30 p.m. and led
those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Wagner, Bill Peloza,
Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and
Yolanda Trout.
Staff present: City Attorney Daniel B. Heid, Police Commander Mark
Caillier, Economic Development Manager Doug Lein, Interim Human
Resources and Risk Management Director Rob Roscoe, Community
Development and Public Works Director Kevin Snyder, Parks, Arts and
Recreation Director Daryl Faber, Director of Administration Michael
Hursh, Finance Director Shelley Coleman, and City Clerk Danielle
Daskam.
C. Announcements, Appointments, and Presentations
1. Appointments to Boards and Commissions
City Council to confirm the appointment of Judi Roland to the
Cemetery Board for a term to expire December 31, 2016.
Deputy Mayor Wagner moved and Councilmember Peloza
seconded to confirm the appointment of Judi Roland to the
Cemetery Board.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Agenda Modifications
There was no change to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Consolidated Annual Performance and Evaluation Report (Hursh)
City Council to conduct a public hearing on the 2013 Consolidated
Annual Performance and Evaluation Report (CAPER) for the
Page 1 of 8
CA.A Page 30 of 137
Community Development Block Grant Program
Director of Administration Michael Hursh presented the staff report
for the 2013 Consolidated Annual Performance and Evaluation
Report (CAPER). The CAPER is an overall review of housing and
community development activities undertaken in 2013 and
delineates the amount of Federal funding that is distributed through
the program and the impact on the City's housing and community
development goals.
Mayor Backus opened the public hearing at 7:33 p.m. There
was no public comment and the hearing was closed.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Jon Lindenauer, 29216 58th Place South, Auburn
Mr. Lindenauer stated he represents the No North Auburn Garbage Site
citizens group. He thanked the City Council for its continued support in
opposing the King County Solid Waste Division's plan to construct
a transfer station in Auburn and for the City's comment letter on the
King County Solid Waste Division Transfer Plan Review. Mr.
Lindenauer also submitted his comments in writing.
Mary Ann Harkness, 29780 53rd Ave S, Auburn
Ms. Harkness identified herself as the Co-chair of the No North Auburn
Garbage Site citizens group. She thanked Mayor Backus and City staff
for the comment letter sent to the King County Solid Waste Division
objecting to the recent review of the Solid Waste Transfer Plan. Ms.
Harkness requested the City write an additional letter to King County
Executive Dow Constantine calling for a third party independent review
before the King County Council approves any capital expenditure for
another South County transfer station. Ms. Harkness also submitted
her comments in written form.
Bonnie Tiangsing, 29609 57th Place South, Auburn
Ms. Tiangsing expressed opposition to the location of a King County
Transfer Station site in North Auburn.
Giovanni DiQuattro, 3803 W. Tapps Drive E, Lake Tapps
Mr. DiQuattro, owner of The Rainbow Cafe, thanked the City Council for
their efforts regarding off-hour parking in and around his restaurant. He
read a letter he received today, which was addressed to the Mayor and
City Council and copied to Mr. DiQuattro, Chase Bank, and the Auburn
Reporter, regarding parking spaces used by Chase Bank.
Mayor Backus stated the parking spaces in question are leased to
Page 2 of 8
CA.A Page 31 of 137
Chase Bank. City officials and staff continue to work on an overall
parking plan for the area.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee did not meet
on March 10. The next regular meeting of the Municipal Services
Committee is scheduled for March 24, 2014.
B. Planning & Community Development
Chair Holman reported the Planning and Community Development
Committee met March 7, 2014. The Committee approved Resolution
No. 5048 authorizing the acceptance of 4Culture grant. The Committee
also discussed the environmental park zoning and existing non-
conforming uses, local revitalization funding, streetscape and urban
design for Main Street, and downtown permit parking. Chair Holman
reported that a joint meeting of the Planning and Community
Development Committee and Planning Commission will be held
tomorrow. The next regular meeting of the Planning and Community
Development Committee is scheduled for March 24, 2014.
C. Public Works
Chair Osborne reported the Public Works Committee met this afternoon
at 3:30. The Committee approved a Right-of-way Use Permit for the
Muckleshoot Indian Tribe for monitoring wells and a consultant
agreement with Brown and Caldwell for engineering services related to
Project No. CP1320, the Maintenance and Operations Storm Drainage
Improvement Project. The Committee also approved Resolution No.
5052 authorizing the Mayor to negotiate agreements for the acquisition
of property on the Lea Hill corridor. The Committee discussed
Resolution No. 5051 regarding the Consolidated Annual Performance
and Evaluation Report and the capital projects status report. The next
regular meeting of the Public Works Committee is scheduled for April 7,
2014.
D. Finance
Chair Wales reported the Finance Committee met this evening at 5:00.
The Committee approved claims vouchers in the amount of $2.2 million
and payroll vouchers in the amount of $2.1 million. The Committee also
reviewed Ordinance No. 6502 approving budget amendment number
7, Resolution No. 5037 related to interfund loans, and Resolution
No. 5051 accepting the Consolidated Annual Performance and
Evaluation Report. The Committee discussed Resolution No. 5053
Page 3 of 8
CA.A Page 32 of 137
regarding the 2014-2019 Park Property Tax Levy allocation and
procurement card statistics. The next regular meeting of the Finance
Committee is scheduled for April 7, 2014.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee meeting is scheduled for April 23, 2014.
F. Council Operations Committee
The next regular meeting of the Council Operations Committee is
scheduled for March 24, 2014.
G. Junior City Council
Deputy Mayor Wagner reported the Junior City Council met earlier this
evening. The Junior City Council received a presentation from Planning
Services Manager Elizabeth Chamberlain on the "Imagine Auburn"
Comprehensive Plan update. The next regular meeting of the Junior
City Council is scheduled for April 21, 2014.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council
to be routine and will be enacted by one motion in the form listed.
A. Minutes of the March 3, 2014 regular meeting
B. Claims Vouchers (Wales/Coleman)
Claims voucher numbers 427693 through 427872 in the amount of
$2,125,047.07 and one wire transfer in the amount of $48,230.11 and
dated March 17, 2014.
C. Payroll Vouchers (Wales/Coleman)
Payroll check numbers 534554 through 534580 in the amount of
$856,770.99 and electronic deposit transmissions in the amount of
$1,284,256.90 for a grand total of $2,141,036.89 for the period covering
February 27, 2014 to March 12, 2014.
D. Public Works Consultant Agreement No. AG-C-450 (Osborne/Snyder)
City Council grant permission to enter into Consultant Agreement No.
AG-C-450 with Brown and Caldwell for engineering services for Project
No. CP1320, Maintenance and Operations Storm Drainage
Improvement project.
Deputy Mayor Wagner moved and Councilmember Peloza seconded to
approve the Consent Agenda.
The Consent Agenda includes claims and payroll vouchers and a
consultant services agreement.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 4 of 8
CA.A Page 33 of 137
V. UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6502 (Wales/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6432, the 2013-2014 Biennial Budget
Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474,
Ordinance No. 6481, authorizing amendment to the City of Auburn
2013-2014 Budget as set forth in schedule “A” and schedule “B”
Councilmember Wales moved and Councilmember Holman seconded
to introduce and adopt Ordinance No. 6502.
Ordinance No. 6502 approves budget amendment number 7, which
carries forward projects and programs that were authorized and started
in 2013 but not yet completed.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. RESOLUTIONS
A. Resolution No. 5037 (Wales/Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the transfer of funds for the purpose of making a loan or
loans from the General Fund and/or the Cumulative Reserve Fund to a
grant sustained or project focused Special Revenue Fund for up to a
three-year period of time
Councilmember Wales moved and Councilmember Holman seconded
to adopt Resolution No. 5037.
Resolution No. 5037 authorizes interfund loans from the General Fund
and/or the Cumulative Reserve Fund to a grant sustained fund for
short-term cash flow and funding needs.
In response to questions from Deputy Mayor Wagner, Finance Director
Coleman explained that the resolution will allow the use of interfund
loans for grant sustained funds, such as the Community Development
Block Grant Fund and the Arterial Street Program, where funds are
expended for the project or program prior to receiving reimbursement
from the grant program. The funds are typically transferred in and out
within thirty to sixty days.
Page 5 of 8
CA.A Page 34 of 137
Councilmember Peloza spoke in favor of the resolution stating there
appears to be little risk, and the funds are grant sustained.
Finance Director Coleman stated the interfund loans will cover the
authorized expenditures from grant sustained funds while the City
awaits for reimbursement of federal, state and local grant monies,
which have been approved for allocation. Most grants reimburse
expenditures within sixty days. Finance Director Coleman stated she
has never seen a grant reimbursement take longer than a year.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5051 (Wales/Hursh)
A Resolution of the City Council of the City of Auburn, Washington
to accept the 2013 Consolidated Annual Performance and Evaluation
Report (CAPER) for the 2013 program year
Councilmember Wales moved and Councilmember Holman seconded
to adopt Resolution No. 5051.
Resolution No. 5051 approves the Consolidated Annual Performance
and Evaluation Report for 2013.
Councilmembers Wales and Peloza spoke in favor of the Community
Development Block Grant Program.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5052 (Osborne/Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to negotiate agreements and execute documents
necessary to acquire property related to Lea Hill Road Segment 1
Improvements
Councilmember Osborne moved and Councilmember Peloza
seconded to adopt Resolution No. 5052.
Resolution No. 5052 authorizes the Mayor to negotiate agreements for
the acquisition of property along the Lea Hill Road corridor for future
improvements.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and local
organizations.
A. From the Council
Page 6 of 8
CA.A Page 35 of 137
Deputy Mayor Wagner reported on his attendance at the Regional
Access Mobility Partnership meeting, a DARE graduation ceremony at
Dick Scobee Elementary, the Valley Regional Fire Authority Board
meeting, a DARE graduation at Evergreen Heights Elementary, and the
Senior Center coffee hour.
Councilmember Trout reported she interviewed Junior City
Councilmember Mary Riel and reported on her attendance at the
Planning and Community Development Committee meeting, the
National League of Cities Conference, the King County Sustainable
Cities Roundtable, and a Lions Club fundraiser.
Councilmember Osborne reported on his attendance at the
monthly Law Enforcement Officers and Fire Fighters Disability Board
meeting, the Regional Water Quality Committee meeting, and the
National League of Cities Conference where he served as a member of
the Transportation, Infrastructure and Services Committee.
Councilmember Peloza reported on his attendance at the National
League of Cities Conference where he chaired the Energy,
Environment and Natural Resources Committee. Councilmember
Peloza also reported on his attendance at the Auburn International
Farmers Market Board meeting, the Sister Cities Board meeting, and
the King County Solid Waste Management Advisory Committee
meeting. Councilmember Peloza reported the timeline for the
completion of the environmental impact statement for the South King
County transfer station project is May 2014. King County Executive
Constantine is expected to make a decision on the transfer station site
in August 2014.
Councilmember Holman reported on his attendance at the Sound Cities
Association (SCA) meeting, the SCA Growth Management Caucus, the
Puget Sound Regional Council Growth Management Board meeting,
and the National League of Cities Conference where he participated as
a member of the Community and Economic Development Steering
Committee and the First Tier Suburbs Steering Committee.
Councilmember Holman announced that today is Chuck and Leila
Booth's 57th wedding anniversary. Former mayor Chuck Booth and his
wife, Leila, are much loved members of the Auburn community.
Councilmember Wales reported that nearly a year ago, the Auburn
School District and other area school districts received a federal
reading grant with the goal of improving reading scores through the
Reading Map 2020 program. It was recently announced that six
elementary schools in Auburn have already achieved the 2020
goals. Councilmember Wales also reported on her attendance at the
National League of Cities Conference where she served on the Human
Resources Committee and the Youth and Families Steering Committee.
Page 7 of 8
CA.A Page 36 of 137
Councilmember DaCorsi reported on his attendance at the National
League of Cities Conference where he was able to watch proceedings
in the U.S. Senate and House of Representatives and meet with the
State congressional delegation regarding municipal bonds income tax
exemption. Councilmember DaCorsi congratulated Councilmember
Holman on his presentation at the National League of Cities
Conference.
B. From the Mayor
Mayor Backus reported on a meeting with Dr. Eileen Ely, President of
Green River Community College, regarding partnership opportunities
between the City and Green River Community College. Mayor Backus
also reported on her attendance at a ribbon cutting ceremony for U-
float, a meeting and tour of the Skills, Inc., facility, a meeting of the King
County Aerospace Alliance, the 2014 Northwest Regional Sport
Stacking competition, the Christ Community Free Clinic fundraiser, the
National League of Cities Conference where she met with members of
Congress and representatives from the U.S. Conference of Mayors, the
Senior Center coffee hour, the Green River Community College
groundbreaking for the new Trades Building, and the Department
Directors leadership retreat.
X. EXECUTIVE SESSION
At 8:41 p.m., Mayor Backus recessed the meeting to executive session for
approximately 10 to 15 minutes to discuss pending/potential
litigation pursuant to RCW 42.30.100(1)(i). No action is anticipated following
the executive session. Department directors required for the executive
session included City Attorney Heid and Community Development and
Public Works Director Kevin Snyder.
At 9:02 p.m., the executive session was extended an additional 10 minutes.
The executive session concluded at 9:06 p.m.
XI. ADJOURNMENT
There being no further business to come before the City Council, the meeting
adjourned at 9:06 p.m.
APPROVED this ____ day of _______________, 2014.
_________________________________ ___________________________
Nancy Backus, Mayor Danielle Daskam, City Clerk
Page 8 of 8
CA.A Page 37 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
April 2, 2014
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims vouchers.
Background Summary:
Check numbers 427873 through 428092 in the amount of $3,606,818.41 and six wire transfers in
the amount of $49,196.83 and dated April 7, 2014.
Reviewed by Council Committees:
Councilmember:Wales Staff:Coleman
Meeting Date:April 7, 2014 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 38 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
April 2, 2014
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 534581 through 534612 in the amount of $303,098.61 and
electronic deposit transmissions in the amount of $1,360,792.80 for a grand total of
$1,663,891.41 for the period covering March 13, 2014 through April 2, 2014.
Reviewed by Council Committees:
Finance
Councilmember:Wales Staff:Coleman
Meeting Date:April 7, 2014 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 39 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Contract for False Alarm Billing & Tracking Services
Date:
April 3, 2014
Department:
Police
Attachments:
Contract with AOT Public Safety Corp
Budget Impact:
$0
Administrative Recommendation:
City 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 in May and a new contract has been reviewed by PSC and the Police and Legal
departments. The original contract was previously approved as a 'Consent Agenda'
item by the City Council.
Reviewed by Council Committees:
Finance, Municipal Services Other: Legal, AOT PUblic Safety Corporation (PSC)
Councilmember:Peloza Staff:Lee
Meeting Date:April 7, 2014 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 40 of 137
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
Contracto'or"PSC"), a corporation of the State of Maryland with its principal offices located in
Waldorf, Maryland.
WITNESSETH:
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 May2009, 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 initiai 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#rom the Effective Date. The option shall be deemed exercised in each successive year
upon written notice byAuburn to the Contractoc The no4ice shall not be later than sixty(60) days
p ior fo 1he expiration of the then effective remaining term.
2 . Contract Documents and Order of Precedence
The contract documents consist ofthe following Attachments which are incorporated into the.
Contract by this reference:
A. AttachmentA, 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 originai Aubum Request for Proposals (RFP) for a Contract for False Alacm.
AdministrationServices; and the Contractor's original response to the RFP under its proposal to the.
City of Aubum (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 Alartn Administration Services (FAAS) in
accoriiance with the Scope of FAAS Services described in Attachment A.
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B. The Scope of FAAS Services shall assist Auburn in managing its Alartn Ordinance
to include, without limitation, registration of responsible persons(including individuals, businesses
and govemment 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 Aubum's Alarm Administrator,
maintenance of a database of registered persons who use alarm systems, management of false
alarm occurrences, collection of fees, the coliection 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 inAttachment A -Scope of FAAS Services.
4 . Software license.
Aubum shall be licensed and authorized to use the Software and any additional specific
customization and development provided as paR of the FAAS Services, all in accordance with
Attachment A. The license shall coVer all the Software, including, without limitation, software
interfaces and soflware modifications. The scope of the license is non-transferable and non-
exclusive and is authorized by PSC for use byAuburn to access its false alarm information.
5 . Duration of the Software License.
Auburn shall have the right to use the Software in accordance with AttachmentA for so long
as the Contractor provides FAAS Services to Auburn or in accordance with the Tertnination
provisions in this Contract. This license shall apply forthe 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 Softwara
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 orderto
implement the Software. Software "customization" inctudes, 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"customizsd"
irrterfaces with the Software, provided, however, the use of the original Software with such
adaptations in any projects other than 4he 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 partie.s, PSC and Aubum, 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 reasortwithout the express written consent of
the other party and shall only use proprietary information for intemal purposes to facilitate and assist ,
PSC and Aubum staff in the administration of the Alarm Ordinance. In addition, the parties shall
provide reasonable safeguards to protect their respective software, hardware systems and data from
unauthorized intrusion by third parties.
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PSC acknowledges that Auburn is subject to Washington's Public Records Act, Chapter
42.56 of the Revised Code of Washington. lf Auburn getsa request for records fhat confains PSCs
confidential information, Aubum will notify PSC of that request and Auburn's proposed'response:
Aubum shall give PSC 10 calendar days to obtain an injunction profiibiting the release of records.
PSC shall be responsible for all litigation cos4s related to its decision to seek to enjoin re,lease of
records. If Auburn is assessed penalties or costs as a tesult if PSCs actionsto enjoin release of
records, PSC shall reimbuse Auburn for those penalties or costs.
Names, addresses, type of alarm, identification information of any alarm manitoring
company, or identiPication information of any person cited under the Alarm Ordinance shall notbe
released, exhibited or sold to a third party 6y 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 ihe Washington 5ecretary of State.
8 . Reproduction and Copyright
A. The Software is protected underthe Copyright and Patent laws of the United States,.
and as extended by treaty, with Canada. Aubum may not copy, or aliow anyone else to copy or
otherwise reproduce, any part of the Software without the priorwritten 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#or back-
up or archive purposes.
B. Auburn may copy the licensed Software as necessary to its hard disks or other such
storage medium to effidently operate the Softwa e onAubum'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.
lo . Notices of I tellectual 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 dispiayed
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
obligations extending beyond the current fiscal year are subject to funds being budgeted and
appropriated therefore.
12 . Collection of Fi es.
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Aubum shall support the collection of false alarm fees and fines in accordance with the
Alarm Ordinance and at the direction of the Alarm Administrator. IfAuburn directs PSC to engage a
third-party collection organization for delinquent amounts, Auburn shall cause the necessary
legislative and administrative procedures to be enacted ancl/or adopted in order to delegate to the
Gontractorthe authority to collect unpaid fees on behalf ofAuburn.
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 Contrad; and no false alartn
collection data shall be disclosed without the prior written conserit of Aubum. If such disclosure is
compelled or required in any judicial or administrative proceeding, the Contractor shall, before
disclosing such infortnation, first notify Aubum and give Auburn an opportunity to object to the
disclosure.
In the event Aubum 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 attomey
fees expended in the defense of any action or proceeding, or relating to the refusal to disclose such
information.
14 . Auburn Responsibilitie.s.
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
Adm'inistrator shall have the power and au4hority to make de.cisions relating to the FAAS Services.
A secondaryAlarm Administratorwill also be designated to act on behalf of the Alarm Administrator
when the primaryAlarm Administrator is unavailable.The Alarm Administretors 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 inediation shall be shared equally. If
mediation is ineffective, either party may avail therrselves of all legal remedies.
17 . Termination.
A. ByAubum. Aubum 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 byAubum, the Contractor will be paid forany
services already performed. The Contractor shall be liable to Aubum for any damages sustained by
Aubum by virtue of any breach of the Contract by the Contractor. In addition, to other remedies it
mayhave in law or equity,Aubum may withhold payments to the Cantractor forthe purpose of setoff
until such time as the exact amount of damages dueAubim from the Contractoris determined.
City of Aubum/PSC
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I
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CA.D Page 44 of 137
B. By Ordrnance or Procedures. 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.
C. By the Contractor for Cause. If Aubum 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
Aubum.
18 . Rights upon Termination
A. If the Contractor is entftled toterminate this Contract, the Contractor shall offer
Aubum an option, which must be exercised within thirty (30) calendar days after the Notice of
Termination,to purchase a conditional,uninterrupted, non xclusive and non-transferable license to
use the proprietary FAAS Software, CryWolt, as necessary to support and administer Aubum's
Alarm Ordinance conditional on the paqment 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 Aubum terminates this Contract or if the Contractor terminates for quse,
Aubum,in addition to payment of false alarm collections owed to the Contractorthrough 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 amourrts due the Contractor as a result of effortsengaged in by the Contractor on
Aubum's behalf:
19. Indemnification.
A. The Contractor shall indemnify,hold harmless,and defend Aubum, its elected
and appointed officials, employees, agents and successors in interest from all claims, damages,
losses and expenses including attomeys fees, arising out of or resulting, directly or indirectty,from
ttie Contractor's (or Contractor's subcontractors, if any) performance or breach of the Contract
provided that such claim, damage, Ioss, or expense is not caused by the negligent act or omission
or willful misconduct of Auburn or its elected and appointed o cials 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,whicharises out of the
negligence or willful misconduct ofAuburn or any of Auburn's employees,Aubum shall indemnify
the Gorrtractor to the extentAubum 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 orto any third party with respect to any
expenses incurced by or on behalf of the other or its assumption of control of the defense of the
claim, or with respect to any compromise or settlement made, without the prior written consent of
both parties.
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20. PatenYinfringement
The Contractor shall indemnify Aubum, its elected and appointed o cials, officers,employees,
agents, and successors'in interest from and against all damages and expensesresulting 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 soflware,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 pertormance and nonperformance. This limitation shall apply
regardless of the form of action, whether in contract or in tort, including negligence or
misrepresentation.
z 2 . Insurance.
This Contractorshall provide and maintain in full force and effect at no additional cost to Aubum
for the duration of the Contract commercial general liability insurance or comprehensive general
liability insurance with a minimum limit of$1,000,OOO.00 peroccurrence 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/DO or commercial/comprehensive general Jiability
insurance plus additional excess umbYella liability insurance to meet these limits..
The Contractor agrees that it shall add Aubum, its elected and appointed officials, officers,
employees, agents, and successors in interest to the Contractor's liability insurance policies as
additional insureds. The Contractorshall require its insurance carrier or agent to certify that this
requi ement 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 Contrector shall provide written proof of compliance with the above insurance
requirements by delivering to:
City ofAuburn Police Department
Attention`. Assistant Chief Wiiliam T. Pierson
340 East Main Street, Suite 201
Aubum, lNashington 98002
a copy of a cert cate or certificates of insurance completed by its insurance carrier or agent
certifyingthat minimum insurance coveragesas required above are in effect and thatthe coverage
will not be canceled orchanged until thirty (30) days afterwritten notice is given to Aubum. The
Contractor shall maintain, update, and renew the Certificate(s) for the term of this Contract.
23 . Assignment.
his Contract shall not be assigned to any third party without prior written consent, which may
be withheld in the sole and absolute ciscretion of either party.
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24 . Attorney'sFees.
Should the parties or either of them employ an attomey to enforce by litigation in a court of
competentjurisdiction,any of the contract provisions because of a disputed matter arising underthis
Contract; to assert damages for the breach of the Contract, or in order to obtain injunctive relief,
then 4he prevailing party shall be entitled to recover reasonabie attorney's fees, costs, charges, and
any expenses expended or incurred.
25 . Notices.
Wherever underthis Contact one party isreqaired or permitted to give notice tothe 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: Corrtract.Administration
In the case ofAubum:
City ofAuburn 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
z7 . 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.
z 9 . Complete Agreement
This Contract when signed by both parties setsforth the entire understanding of the parties
as to its subject matter,conditions and obligations and may not be modified except by furtherwritten
agreement.
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30. Independent Contractors.
In performing the work under thisContract,the Contractor acts as an independent coMractor
and is solely responsible for necessary and adequate worker's compensation insurance, personal
injury and property damage insurance, as welLas errors and omissions insurance. The CoMraptor,
as an iniiependent contractor, is obligated to pay federaPand state income tax on moneyseamed.
The personnel employed by the Contractor are not and shall not become employees, agents o ,
servants of Aubum because of the performance of any work by thisContract.
Remainder of Page Intentionally Left Blank]
City of Aubum/PSC
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CA.D Page 48 of 137
WHEREAS, the individuals representing the parties are both authorized and haye
executed this Contract effective as ofthe date fi st written above
Auburn,Washington
By:
Nancy Backus, Mayor
ATTEST BY:
Danielle E. Daskam, City Clerk
APPROVE S TO FO M:
Daniel B. H , City Atto
AOT Public Safety Gorporation
By:
Auttiorized Signing O cer]
Name and Title—please print]
ATTEST BY:
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CA.D Page 49 of 137
ATTACHMENT A
FAAS Scope of Services
Pumose
The purpose of this Scope of Services is to summarize the duties and responsibili6es af AOT Public
Safety Carporation ("PSC"), and the City of Aubum, Washington ("Aubum°) 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 fo mats
prescribed by PSC) extracted fromAubum's CAD/911 System;
3:Initializing, maintaining, securimg and backing up Program databases including alarm
regisfration and incident data, alarm-related financial transactions andsccounts 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 beiimited to notifications offalse alarms, invoices,
and delinquent payment notices;
8.Proyiding Aubum specific information to include a checklist on false alarm reduction and
Ordinance requirements in the first felse alarm notice /waming letter sent to alarm users;
9. Answering telephone inquiries from Auburn alarm users that are piaced to a false alarm
program toll-free customerservice rwmber,
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 Aubum, and
applying these payments to alarm accounfs;
11. Assisting Aubum in maintaining an appeal process that is user friendly to the public to
includenotifying Aubumofany appeals, providing a City Alarm Program representative wfth
documentation supporting noticing/billing decisions; and updating the system with the
disposition of any Cityhearing re.sults;
12. ProViding and maintaining computereguipment,software, maiting equipment and furniture at
fhe Program processing facilities in WaldorF, Maryland;
13. ProvidingAubum secure, online, on-demand access to alarm management information and
City of Auburn/PSC
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CA.D Page 50 of 137
accessto reports as described in the RFP and Proposal in Attachment C, including, but not limited
to, alarm account transaction history, weeklyregistration/permit and suspension information, and
weekly collections and deposits with format and content specified by the CryVVoit Alarm
Management System and the designated Bank, and agreed on betweenAubum and PSC; and,
14.. Performing special collection functions as approved by Auburn such as retaining third party
coliection agency, providing delinquent account information fo 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 speciaF
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 informatiom, as needed, via PSC provided online access;
2.Requesting Alarm Companies to provide alarm system registretion information and
swpporting 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 informafion wifhin theAuburn CAD/911 system;
4.Extracting f,alse 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 educatiom programs
on false alarms; and;.
Z Transferring any and all financial information from the Program generated alarm reports to
otherAuburn financial systems, as needed.
Auburn is responsible for all costs of carrying out these responsibilities, ncluding, but not limited
to the costs of staff, facilities, computer equipment and consumable supplies.
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ATTACHMENT B
PAYMENT TERMS
1. Revenue Sharina Peroentaae
Forthe 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
Alartn Management Services descri6ed herein. The Revenue Sharing schedule is as follows:
PSC's Percentage Share of Collected Revenue
P-SE shall be paid twenty-five percent (25%) of the net revenues received under the false alarm
ordinance.The onlyamounts that shalibe paid from the total collected revenue and subtracted from
the total collected revenue before the revenue sharing percentages are applied are:
1. Refunds, authorized irr writing byAubum, of amounts paid to alarm users;
2. Bank fees charged by a Aubum-approved bank;
3. Special maiiing costs, if any, in ezcess of U.S. Post Office first class rates;and,
4. Third-party credit card processing charges, if any.
Pavment Terms
Aubum 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 AccounY') to be established at a mufually
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 Autium. Upon Auburn's approval,Aubum
and PSC shall authorize and cause the issuance of electronic (ACH) transfers to Auburn
and to PSC as follows:
a_ With regard to the transferto PSC,the amount will be calculated for PSC based on
the Revenue Share provisions 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,
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.
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4 . At the termination of this Contract,any remaining balance shall be trensferred to PSC and to
Auburn on the same prorata basis, 25% and 75% respectivelK
5 . Auburn is a Washington public enti4y and aIF financial obligations extending beyond the
cu rent fiscal year are subject to funds being 6udgeted and appropriated therefore.
Delinauent Account Terms
Tfie partiessfiall define a mutually agreeable process and methods for collecting amounts due from
delinguenYaccounts. If organizations other than Auburn and PSC are retained to collect overdue
amounts,the partiesagree that the collection costs shall be bome by the parties on a pro-rata basis
as follows: PSC 25% and Aubum 75°k.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6503
Date:
April 3, 2014
Department:
Police
Attachments:
Ordinance No. 6503
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6503.
Background Summary:
A review of ACC 9.78.010 relating to disorderly conduct was brought forth due to recent
arrest situations at the Police department. The Auburn Police and Legal departments
have reviewed the current ACC and have recommended the attached changes.
Reviewed by Council Committees:
Finance, Municipal Services Other: Legal
Councilmember:Peloza Staff:Lee
Meeting Date:April 7, 2014 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 54 of 137
ORDINANCE NO. 6 5 0 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASFiINGTON, AMENDING SECTION
9.78.010 OF THE AUBURN CITY CODE RELATING TO
DISORDERLY CONDUCT
WHEREAS, the current provisions of City ordinance and 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 valua6le 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 Citv 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, insuits, 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 traffc 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;-aa
Ordinance No. 6503
March 24, 2014
Page 1
ORD.A Page 55 of 137
8. Urinates or defecates in any place open to the public view, other than in a
restroom or toilet facility: or
9.Intentionallv enaaQes in conduct that tends to, or is reasonablv likelv to,
disturb the aeace, promote disorder or endangerthe safetv of others.
B. Disorderly conduct is a misdemeanor. (Ord. 5682 § 1, 2002J
SecUon 2. Imolementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this legislation.
Section 3. SeverabiliN. 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. Effec4ive 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
APP OVED AS TO FORM:
niel B. h , Cit Attomey
Published:
Ordinance No. 6503
March 24,2014
Page 2
ORD.A Page 56 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5041
Date:
April 3, 2014
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 5041 and agreement
Budget Impact:
$75,000
Administrative Recommendation:
City Council adopt Resolution 5041.
Background Summary:
The City of Auburn has supported the Auburn Symphony Orchestra for the past several
years to assist in promoting and marketing Auburn as a destination for arts and events
that in turn contribute to the economy. Performing art programs serve as an economic
driver and the activities of the Auburn Symphony Orchestra assists in attracting visitors
to Auburn. 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 outlines sponsorship services, marketing, outreach and audience
building, and organization efforts that assist in showcasing Auburn as a destination for
arts and events.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Faber
Meeting Date:April 7, 2014 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 57 of 137
RESOLUTtON NO. 5 0 4 1
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
educatiort 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 cultural and music
appreciation 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.
Resolution No. 5041
March 24,2014
Page 1 of 2
RES.A Page 58 of 137
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
APP OV D AS TO F RM:
aniel B. Heid, ity Attorney
Resolution No 5041
March 24, 2014
Page 2 of 2
RES.A Page 59 of 137
Exhibit "A"
cma _f"
WASHINGTON
CITY OF AUBURN and AUBURN SYMPHONY ORCHESTRA
CONTRACT FOR SERVICES
THIS CONTRACT is made and entered into on the day of
2014, 6y and between the CI7Y 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" or"ASO," 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
Aubum name and logo as a sponsor in advertisements and programs for such events
for all Symphony Orchestre concerts; Chamber Orchestra performances and any
summer Symphony concertsfirom luly 2013 through June 2015.1
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 programsto intlude 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 (S/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/il/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)
NOTE: While this Contrect covers performances during 2014 and 2015, references are made to the ASO's 2013-
2014 season,which includes periods covered in this Contract.
2014 Auburn Symphony Orchestra Contract
March 24, 2014
Page 1 of 6
RES.A Page 60 of 137
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 by July of each year of the Contract.
3. Develop brochures and pamphlets advertising the events including the City of
Auburn as the home venue of the orchestre.
4. Demonstrated publicity effortsto solicit attendance from regional audiences outside
of Aubum with a focus on a 25 mile radius of Auburn.
Outreach and Audience Building
1. Demonstrated outreach efforts to schools, senior centers, businesses, and other
organizations.
2. Participation as a communiry vendor at events that generate exposure for the
Symphony.
3. Provide educational opportunities such as pre-concert lectures and other
opportunities to learn.
4. Oemonstrated efforts to write grants or seek sponsorships to provide at least one
free public performance per year. (As an example, a chamber performance or
sympfiony sampling at an Auburn location that will help build audience and
ezposure for the Symphony).
5. Provide discounted tickets to students attending Middle SchooF and High School
Orchestre 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
2013-2014 ASO season)
4. The City or its agents shall have the right to examine and inspect the books and
records of the A50 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 trecking of new versus regular
attendees.
1. TERM OF CONTRACT: The Term of this Contrect shall be from date of signing through
December 31, 2015.
2. COMPENSATION TO SERVICE PROVIDER:
a. The parties understand that the Service Provider operetes 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
2014 Aubum Symphony Orchestra Contract
March 24, 2014
Page 2 of 6RES.A Page 61 of 137
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
525,000.00 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 525,000 will be
paid on January 31, 2015.The second payment of 525,000.00 will be paid by the City
to the Service Provider on March 30, 2015. The third payment of SZ5,000.00 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.
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 allotated. No penalty or expense shall accrue to
the City in the event this provision applies.
4. RECORDS INSPECTION ANDAUDIT: 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 Contrect 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
Orchestre 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 MainStreet,Auburn WA 98001
If to the Service Provider: Aubum Symphony Orchestra, P.O. Box 2186, Auburn WA
98Q71
6. NOTICES: All notices or communications permi4ted 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
2014 AubumSymphony Orchestra Contract
March 24, 2014
Page 3 of 6
RES.A Page 62 of 137
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 Contrect 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 Contrect 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 insurence including automobile and properry
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 orproperty damage in anyone occurrence.
b. Such workmen s compensation and other similar insurance as maybe 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 Providec its officers agents
employees or any of them relating to or arising out of the performance of this Contrect.
If a final judgment is rendered against the City its officers agents employees and or any
ofthem orjointly against the Cityand the Service Provider and their respective officers
agents and employees orany 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.
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 flrst
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 Contrect 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
2014 Aubum Symphony Orcfiestre Contract
March 24, 2014
Page 4 of 6
RES.A Page 63 of 137
Nothing herein shall limit the remedies or rights of the parties hereto under and
pursuant to this Contrect.
11. TERMINATION AND SUSPENSION: Either party may terminate this Contrect upon Ninety
90) days written notice to the other party It is provided however that if the SerJice
Provider has performed services pu suant to the Contrect the Service Pro4ider 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 tontractors sub
contrectors and their sureties.
13. COSTS TO PREVAILING PARTY: In the event of litigation or other legal action to enforce
any rights responsibilities or obligations underthis Contrect the prevailing parties shall
be entitled to receive its reasonable costs and attorneys 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 paragrephs or
sections of this Contract are inserted for convenience of reference oniy and shall not
constitute a part of this Confrect 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 plurel 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 drefter of this Contrect this
Contrect having been drafted by mutual agreement of the parties.
16. SEVERABLE PROVISIONS: Each provision of this Contract is intended to be severeble.lf
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.
17. ENTIRE AGREEMENT: This Contract contains the entire understanding of the parties
hereto in respect to the transactions contemplated hereby and supersedes all prior
2014 Aubucn Symphony Orchestra Contrect
March 24, 2014
Page 5 of 6
RES.A Page 64 of 137
agreements contracts and unde standings between the parties with respect to such
subject matter.
18. COUNTERPARTS:.This Contrect 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 liereto have caused this Contrect to be executed effecti4e
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 ?OFORM:
niel B. Heid, City Attorney
2014 Auburn Symphony Orchestra Contract
March 24, 2014
Page 6 of 6
RES.A Page 65 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5048
Date:
February 20, 2014
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 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:April 7, 2014 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 66 of 137
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 TO
EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS
WHEREAS, the City of Auburn Arts Commission, on behaff of the City of Aubum,
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 6enefit 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 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. Imolementation. The Mayor is further authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
Resofution No. 5048
April'2, 2014
Page 1RES.B Page 67 of 137
legislation, including assuring that the grant fund appropriation is included in 4he
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:
P
is2 aniel B. Heid, City Attomey
Resolution No. 5048
ApriI:2, 2014
Page 2RES.B Page 68 of 137
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5050
Date:
April 2, 2014
Department: Attachments:
Resolution No. 5050
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5050.
Background Summary:
This resolution requests that the state review what steps it could take to make sure that
oil transport activities by the railroads can be done as safely as possible. Burlington
Northern Railroad has explained what it is doing and has been doing to ensure that its
railroad lines are as safe as possible, but there may be other things that can be done by
the state to ensure that there are no adverse impacts from transporting oil cars across
local railroads.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Osborne Staff:
Meeting Date:April 7, 2014 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 86 of 137
RESOLUTION NO. 5 0 5 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SEEKING TO PROTECT THE
HEALTH, SAFETY, AND ECONOMIC WELL - BEING OF
LOCAL CITIZENS AND AUBURN'S DRINKING WATER
SUPPLY AND NATURAL RESOURCES FROM THE
POTENTIAL IMPACT OF INCREASED CRUDE OIL RAIL
TRAFFIC PASSING THROUGH THE CITY OF AUBURN
WHEREAS, the City Councii of the City of Aubum, Washington is committed to
the protection of its citizens, as well as the natural resources on which the City depends;
and
WHEREAS, rail infrastructure in Western Washington runs through and across
property on which the City depends for its source of drinking water; and
WHEREAS, the City Council is concemed about the potential impacts on public
safety and economic disruption from a possible derailment antl spill of crude oil as trains
run through Aubum and the surrounding area; and
WHEREAS, the Federal Pipeline and Hazardous Materials Safety Administration
PHMSA) issued a major safety alert on January 2, 2014, declaring that oil obtained in
the Bakken Shale is more explosive; and
WHEREAS, on July 6, 2013, a train carrying crude oil derailed in Lac Megantic,
Quebec killing over 40 people, destroying thirty buildings, and requiring the evacuaUon
of over 1,000 people; and
WHEREAS, on December 30, 2013 a ;train carrying crude oil derailed in
Casselfon, North Dakota causing violent explosions and a hazardous plume of smoke;
and
Resolution No. 5050
April 1, 2014
Page 1
RES.C Page 87 of 137
WHEREAS, On January 7, 2014 a train carrying crude oil derailed in New
Brunswick; and
WHEREAS, on December 24, 1991 a train derailed dropping a freight car 80 feet
onto an interstate highway just west of downtown Spokane, Washington, above Latah
Creek; and
WHEREAS, State of Washington and King County officials are starting to review
three new oil-terminal projects that coutd bring millions of gallons of crude oil a day
through the state, the largest of which is proposed to be at the Port of Vancouverand
could handle as much as 380,000 barrels of crude oil per day.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
1. The Aubum City Council strongly requests the poterrtia impacts to
Aubum's public safety, water resources, environment, economy, and traffic be studied
by the agencies conducting all environmental reviews and request thaY Auburn be
included in any environmental impact statements pertaining to any project that may
cause increase in associated oil rail traffic travelling ihrough.Aubum.
2.The Aubum City Council supports the creation of clear Federal guidelines
for tracking the chemical composition of transported fuels so that local govemments,
citizens and first responders can better understand and plan for the risks associated
with the specific type of fuel flowing through orto their communities.
3.The Auburn City Council requests that the Federal Government
immediately implement safety regulations regarding older tank cars, train speeds, and
other identified hazards associated with flammable crude oil.
Resolution No. 5050
April 1, 2014
Page 2
RES.C Page 88 of 137
4. The Aubum City Council urges the Washington State Legislature to adopt
legislation promoting rail safety especially along transportation routes used in the
transport of oil; and calls for the Washington State to coordinate state/govemmental
agencies to study rail-related safety preparedness and capacity to respond to an
accident involving railcars transporting oil.
5. The Mayor is authorized to implemeM such administrative procedures as
may be necessary to carry out the directives ofthis legislation, inGuding reviewing and
commenting on the public emergency response and evacuation plans in the case of a
derailment of an oil train.
6. 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
APP ED AS FORM:
Da ' B. Heid, City Attomey
Resolution No. 5050
April 1, 2014
Page 3
RES.C Page 89 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5053
Date:
March 31, 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 IMAGINEDRES.D Page 90 of 137
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:April 7, 2014 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 91 of 137
RESOLUTION NO. 5 0 5 3
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 KING COUNTY FOR THE 2014-2019 PARKS PROPERTY
7AX 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 trail improvements, including distribution of
funding to cities in King County for said purposes; and
WHEREAS, voters in King County. approved King CountyProposition 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
Auburn and obligates the City of Aubum to make specfic annual reports to
King,Counry regarding the use of said property tax levy funds; and
WHEREAS, the anticipated di§tribution to the City of Auburn in 2014 is
125,222, which will be deposited into the Rarics Construction Fund (Fund Na
321).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No.5053
Mareh 12,2014
Page 1 of 2RES.D Page 92 of 137
Section 1. The Mayor of the City of Aubum is hereby authorized to
execute the Parks Property Tax Levy Agreement between the City of Aubum
and King County, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit 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 OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle Daskam, CityClerk
AP VED RM:
iry Atto ey
Resolution No.5053
March 12,2014
Page 2 of 2 'RES.D Page 93 of 137
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
RES.D Page 94 of 137
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.
RES.D Page 95 of 137
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
RES.D Page 96 of 137
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
RES.D Page 97 of 137
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
RES.D Page 98 of 137
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 _________________________________
RES.D Page 99 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5054
Date:
March 31, 2014
Department:
Administration
Attachments:
Resolution No. 5054
RES 5054 Attachement
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Council Operations Committee
Councilmember:Wagner Staff:Heid
Meeting Date:April 7, 2014 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 100 of 137
RESOLUTION NO. 5 0 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING RESOLUTION NO. 5017
OF THE CITY COUNGIL OF THE CITY OF AUBURN,
WASHINGTON, PASSED DECEMBER 3, 2013, RELATING TO
THE STANDING COMMITTEES OF THE CITY COUNCIL OF THE
CITY OF AUBURN
WHEREAS, the Auburn City Council Operations Committee designates the
formation and membership of the standing committees of the City Council, subject to
the approval of a majority of the City Council; and
WHEREAS, on December 3, 2013, the Aubum City Council passed
Resolution No. 5017 relating to the standing committees of the City Council of the
City of Aubum; and
WHEREAS, Resolution No. 5017 was amended by Resolution No. 5034 on
January 2, 2014; and
WHEREAS, the Council Operations Committee conducted a meeting on
March 24, 2014], at which time the Committee approved changes to the mee4ing
time for the Council Operations Committee and recommended the City CounciPs
adoption of the same.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON; IN A
REGUTAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS
FOLLOWS:
ResoluGon No. 5054
March 20, 2014
Page 1RES.E Page 101 of 137
Section 1. Section 3 of Resolution No. 5017 relating to the meeting schedule
of the Council standing committees is amended as follows:
Section 3. Unless othervvise designated by the Chair, fhe day and time
of 4he meetings of the Standing Committees of the City Council of the City of
Aubum shall be as follows:
A. PUBLIC WORKS:
3:30 P.M.
First and third Mondays of each month.
B. FINANCE COMMITTEE:
5:00 P.M.
First and third Mondays of each month.
C. PLANNINGAND COMMUNITY DEVELOPMENT
COMMTITEE:
5:00 P.M.
Second and fourth Mondays of each month.
D. MUNICIPAL SERVICES COMMTITEE:
3:30 P.M.
Second and fourth Mondays of each month.
E. LES GOVE COMMUNITY CAMPUS
COMMITTEE
S:OO P.M.
Fourth Wednesday of each month.
F. COUNCIL OPERATIONS COMMITTEE
4 9 2:30P.M.
Fourth Afedaesda Mondav-of each month.
G. COMMITTEE OF THE WHOLE
The Council Committee of the Whole shalt meef
whenever there is a fifth Monday in any month or as
needed.
Resolution No. 5054
March20,2014
Page 2RES.E Page 102 of 137
Section 2. The Mayor is hereby authorized to impiement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shalt take effect and be in full force and effect
upon passage and signature hereon.
DATED and StGNED this=day of 2014.
CITY OF AUBURN
ATTEST:
NANCY BACKUS
MAYOR
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
iel B. Hei ; ity Attome
Resolution No. 5054
March20, 2014
Page 3RES.E Page 103 of 137
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DEPUTY MAYOR Rich Wagner • Act in absence of the Mayor • Alternate to all committees • Councilmember training • Support cooperative Councilmember relations • Help maintain cooperative Council-Mayor relations • Chair COW & COC • Mentor Junior City Council• Junior City Council
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DEPUTY MAYOR Rich Wagner • Act in absence of the Mayor • Alternate to all committees • Councilmember training • Support cooperative Councilmember relations • Help maintain cooperative Council-Mayor relations • Chair COW & COC • Mentor Junior City Council• Junior City Council
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7
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5055
Date:
March 31, 2014
Department:
Finance
Attachments:
Resolution No. 5055 with agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5055.
Background Summary:
Review the 5-year building space lease agreement at the Auburn Municipal Airport
between Century West and the City of Auburn.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Coleman
Meeting Date:April 7, 2014 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 105 of 137
RESOLUTION N0. 5 0 5 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A LEASE BETWEEN THE CITY
OF AUBURN AND CENTURY WEST FOR AIRPORT
PROPERTY
WHEREAS, City staff have negotiated lease terms with Century West for a five
year lease of building space at the Aubum Municipal Airport, and recommends the
same be approved.
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 a Lease between
the City and Century West for building space at the Aubum Municipal Airport which
Lease shall be in substantial conformity with the agreement attached hereto, marke.d as
Exhibit "A" and incorporated herein by this reference.
Section 2. The .Mayor is authorized to implement such admimistrative
procedures as may be necessary to.carry out the directives of this legislation.
Section 3. 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
AP V D A TO FO
iel B. Heid, dy Attor
Ftesolution No. 5055
March 24, 2014
Page 1RES.F Page 106 of 137
Exhibit "A"
AIRPORT BUILDING LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter the "Lease") is entered into as of the day of
20 _, by and between Landlord and Tenant, as described in
the following basic lease information. Landlord and Tenant hereby agree as follows:
ARTICLE 1
BASIC LEASE INFORMATION
In addition to the terms defined elsewhere in this Lease, the following terms shall have
the following meanings:
LANDLORD:City of Auburn, a municipal corporation
LANDLORD'S ADDRESS: 25 West Main St.
Aubum, WA 98001
Attn: Airport Supervisor
TENANT: Century West
TENANT ADDRESS: 400 23rd St NE
Auburn, WA 98002
PREMISES: A single story masonry and frame building
TERM: FiVe (5) years beginning on the Commencement Date
and expiring on the Expiration Date.
COMMENCEMENT DATE: May 1, 2014
EXPIRATION DATE: April 30, 2019
MONTHLY RENT: Tenant agrees to pay Monthly Rent for the Premises.
Rent shall be paid monthly aY an initial rate of Five
hundred dollars ($500.00) per month, plus applicable
Operating Costs as defined in Sec4ion 3.2.
ARTICLE.2
AGREEMENT; USE; MAINTENANCE AND REPAIR; AND TERM
2.1 Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases
the Premises from Landlord, according to the terms and conditions of this Lease.
Landlord will be deemed to have delivered possession of the Premises to Tenant on the
Commencement Date, and Tenant will be deemed to have accepted the Premises,
based on its own inspection and not relying on any statement of the condition of the
1
RES.F Page 107 of 137
Premises by Landlord or its agents, in its present "as-is" condition subject to ail
applicable zoning, municipal, county and state laws, ordinances and regulations
goveming and regulating the use of the Premises, and any covenants or restrictions of
record.
2.2 Use. Tenant shall use the Premises only for 4he purpose of conducting General
o ce for aviation consulting and professional engineering consulting activities and for
no other purpose. The operation may include anyor all of the following uses:
a. Aviation Consulting Engineering Services
b. Professional Office and Field Supply and Storage
c.Professional Consulting Engineering Services
The Tenant agrees to furnish these services on a fair, equal and not unjustly
discriminatory basis to all users thereof.
Ten_ant shall not allow the Premises to be used for any unlawful purposes or for
purposes that may result in a violation of any local, state or federal laws, statutes or
ordinances applicable to the Premises.
The Tenant agrees, at its sole cost and expense, to conform to, comply with and abide
by alflawful rules, codes, ordinances, requirements, orders, directions, laws, regulations
and standards of the United States, the State of Washington, and City of Aubum or
agency of any ot said entities, including rules and regulations of Landlord, including
without limitation those relating to environmental matters, now in existence or hereafter
promulgated, applicable to the TenanYs use and operation of said Premises, including
the. construction of any improvements thereon, and not to permit said Premises to be
used in violation of any of said rules, codes, laws or regulations. Tenant shall pay all
costs, expenses, liabilities, losses, damages, fines, penalties, claims, and demands,
including reasonable attorney's fees, that may in any manner arise out of or be imposed
because of the failure of TenaM to comply with the covenants of this section.
2:3. Use of Public Airqort Facilities. Tenant is granted the nonexclusive use of all public
airport facilities including but not limited to taxiways, runways, aprons, navigational aids
and facilities relating thereto for the purposes of landings, takeoffs and taxiing of Tenant
and Tenan4's aircraft. All such use shall be in accordance with the laws of the United
States of America, the State of Washington, and the rules and regulations promulgated
by their authority with reference to aviation and air navigation, and in accordance wfth
all reasonable and applicable rules, regulations and ordinances of the Landlord now in
force or hereafter prescribed or promulgated by ordinance or by law. Landlord agrees
during the teRn of this lease to operate and maintain the airport and its public airport
facilities as a public airport consistent with and pursuant to sponsor's assurances given
by Landlord to the United States Government under the Federal Airport Act.
2.4 Maintenance and Reoaic The Tenant shall maintain the leased premises in good
repair and tenable condition, so that at the conclusion of the Lease, the premises shall
2
RES.F Page 108 of 137
be in a condition as good as or better than its condition at the commencement of the
Lease, ordinary wear and tear excepted.
2.4.1 Exterior Reaairs. Landlord shali keep the foundations, adjacent sidewalks,
exterior walls, roof and downspouts in good orderand repair, provided; however,
that Landlord shall not be required to repair damage which results ftom the act of
negligence by the Tenant, his agents, servants, or employees. If Landlord
refuses or neglects to commence or complete repairs, ether promptly or
adequately, Tenant may, but shall not be required to, commence or complete the
repairs, and Landlord shali pay the costs thereof to Tenant on demand.
2.4.2 Interior Re airs. The Tenant shall make internal repairs including (but not
limited to) repairs to interior walls, floors, wiring plumbing, heafing, air-
condi4ioning equipment; provided, however, that Tenant shall not be required to
repair damage which results from acts of negligence by the Landlord, his agents,
servants or employees, or when such damage is caused by any peril included
within the Landlord's property insurance coverage. ffTenant refuses or neglects
to commence or complete repairs within thirty days of written notice by the
Landlord, Landlord may, but shall not be required to, commence or complete the
repairs, and Tenant shall pay the costs thereof to Landlord on demand.
The Tenant shall keep the interior of the premises in good repair, at his own expense,
subject to approval of Landlord, except as othenaise provided in this paragraph. Tenant
may make interior alterations and additions at its own cost, subject to approval of fhe
Landlord. The Tenant shall replace all windows glass and plate glass with the glass of
same or similar quality whenever said glass is broken or destroyed.
2.5 Term.
2.5.1 Commencement. The Term will commence on the Commencement Date
and will expire on the Expiration Date.
2.5.2. Ootion to Renew. If this lease shall be in force and effect on the date of
expiration of the original term, and the Tenant on that date shall have fully
complied with the terms and conditions of this lease, the Parties may renew 4his
Lease under mutually-agreeable terms. To exercise any renewal option, the
Tenant shall give the Landlord at least one hundred eighty (180) days adyance
notice in writing. Landlord will notify Tenant not later than one hundred twenty
120) days before the end of the lease period whether it intends to .renew the
Lease. Unless otherwise negotiated by the parties, all other-terms of the Lease
shall remain in effect.
ARTICCE 3
RENT
3.1 Monthlv Rent. Te nant shall pay the Monthly Rerit to Landlord as rent for the
Premises. Monthly Rent will be paid in advance, to Landlord at Landlord's address or to
such other person or place as Landlord designates to Tenant in writing, on or before the
3
RES.F Page 109 of 137
first day of each calendar month of the Term, without written notice or demand. If the
Term commences on a day other than the firs4 day of a calendar month or ends on a
day other than the last day of a calendar month, then Monthly Rent will be appropriately
prorated. The Rental Amount shall be adjusted annually, effective January 1 of each
year during the term of this Lease, in accordance with the previous annuaf CPI-W for
the Seattle-Tacoma-Bremerton area, measured from August to August. Rent shall not
be decreased if the CPI-W is negative from any previous year.
32 O eratinq Costs. Tenant acknowledges and agrees that costs and expenses shall
include, but are not limited to: Leasehold Excise Taxes at 12.84% of the Monthly Rent
if Leasehold Excise Tax is required by state statute); and any costs and expenses
incurred 6y Landlord in each month in connection with the upkeep, opera4ion,
maintenance, repair, and management of the Premises.
Gommencing on the Lease Commencement Date, Tenant shall pay any and all
Impositions allocable to the Premises. The term "Impositions" shall mean all real estate
taxes (to the extent any portion of the Premises and any improvements fhereon are
subject to real estate taxes), water, sanitary sewer and storm water charges, charges
for pubiic utilities, local improvement or general orspecial benefit district assessments;
license and permit fees or other charges which shall or may during the Term be
asses.sed, levied, charged, confirmed or imposed by any public authority upon or accrue
or become due or payable out of or on account of or become a lien on the Premises or
any part thereof, including without limitation all real property taxes allocable to fhe
Irriprovements, or for the use or occupancy of the Premises, and any tax on receipt of
rents.
The term "Impositions" shall expressly include statutory leasehold excise tax imposed
by Chapter 82.29A RCW on the taxable rent payable by Tenant hereunder, but shall
ezclude any income tax, estate, succession, or inheritance taxes. Either Tenant or
Landlord may contest the validity or amount (including the assessed valuation upon the
Premises and any exemptions applicable to any portion thereo of any Imposition for
which either is responsible in whole or in part, and which such party in good faith
believes is excessive, improper or invalid. In such event, the payment thereof may be
deferred during the pendency of such contest, if diligently prosecuted, but in no event
shall Tenant allow a lien for any unpaid taxes which it is contesting to attach to the
Premises. Each party agrees to join at the other's request in any such contest to the
extent such joinder is prerequisite to such prbsecution under statute, regulation or
administrative practice. In connection with a judicial or administrative challenge to any
assessment, Tenant may take advantage of any stay in collection available under
statute, regulation, or court oc administrative order or rules. Nothing herein contained,
however, shall be so construed as to allow such items to remain unpaid for such length
of time as shall permit the Premises, or any part thereof, to be sold by any
govemmental, city or municipal authority for the nonpayment of the same. Within ten
10) days after the amount of such contested item is finally determined to be due, 4he
party liable for such Imposition shall pay 4he amounts so determined, together with the
penalties, interest and expenses associated with such contest.
4
RES.F Page 110 of 137
3.3 Utilities. Tenant agrees to contract wfth the appropriate provider and pay for all
public utilities, which shall be used in or charged against the Premises, and to hold the
Landlord harmless from such charges. Landlord shall cooperate, at no charge to
Landlord, in the granting of easements and rights-of-way in, through, above, and/or
under property owned and controlled by Landlord at the Airport and reasonably
necessary for the provision of utilities to the Premises, provided that if any utility lines,
including but not limited to storm water lines, need to be relocated, the responsibility to
relocate them shall be borne solely by the Tenant.
It is the intent of Tenant and Landlord that the rent due hereunder shall be absolutely
net to Landlord and that Tenant shall pay all costs expenses regarding the Premises
whether specifically mentioned herein or not.
ARTICLE 4
INSURANCE AND INDEMNITY
4.1 TenanYs Insurance. At all times during the Term, Tenant will carry and maintain, at
Tenant's expense, the following insurance in the amounts specified below or such other
amounts as Landlord may from time to time reasonably request, with insurance
companies and on forms satisfactory to Landlord to the extent allowed by applicable
law:
Commercial General Liability insurance and Automobile coverage including all
owned and non-owned vehicles, wi4h a combined single limit, each occurrence
limit of not less than $1,000,000.00. All such insurance will be equivalenY to
coverage offered by a Commercial General Liability form including, without
limitation, personal injury, death of persons or damage to property occurring in,
on, or about the Premises, and contractual liabifiry coverage for the perFormance
by Tenant of the indemnity agreements set forth in Section 4.3 of this Lease;
Insurance covering all of Tenant's machinery, equipment, and any other personal
property owned by Tenant and located on or about the Premises and any
leasehold improvements to the Premises, in an amount not less than the full
replacement cost. Property forms will provide coverage on a broad form basis
insuring against "all risks of direct physical loss."
Worker's compensation insurance insuring against and satisfying Tenant's
obligations and liabilities under the worker's compensation laws of the S4ate
where the Premises is located, including employer's liabifity insurance in the
limits required by the laws of the State where the Premises is located.
Any additional insurance reasonably requested by Landlord to cover any unusual
risks created by the nature of TenanYs use of the Premises.
4.2 Forms of the Policies. Certificates of insurance, together with copies of Additional
Insured endorsements, when applicable, listing Landlord and any others specified by
Landlord as additional insureds, will be delivered to Landlord prior to Tenant's
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occupancy of the Premises and from time to time at least 10 days' prior to the expiration
of the term of each such policy. All Commercial General Liability or comparable policies
maintained by Tenant will name Landlord and such other persons or entities as
Landlord specifies from time to time as additional insureds entitling them to recover
under such policies for any loss sustained by them, their agents and employees. All
such policies maintained by Tenant will endeavor to provide that they may not be
terminated nor may coverage be reduced except after 30 days' prior written notice to
Landlord. All Commercial General Liability and property policies maintained by Tenant
will be written as primary policies, not contributing with and not supplemental to the
coverage that Landlord may carry.
4.3 TenanYs Indemnification. Tenant wip neither hold nor attempt to hold Landlord, its
employees or agents liable for, and Tenant will indemnify and hold harmless Landlord,
its employees and agents from and against, any and all demands, claims, causes of
action, fines, penalties, damages (including consequential damages), liabili4ies,
judgments, and expenses (including, without limitation, reasonable attorneys' feesj
which arise out of or relate to: (1) the use or occupancy or manner of use or occupancy
of the Premises by Tenant or any person claiming under Tenant; (2) any activity, work,
or thing done or permitted by Tenant in or aboub the Premises; (3) any breach 6y
Tenant or its employees, agents, contractors or invitees of this Lease; and (4) any
injury, loss or damage to the person, property or business of Tenant, its employees,
agents, or conttactors or any invitees entering upon the Premises under the express or
implied invitation of Tenant. If any action or proceeding is brought against Landlord or
its e.mployees or agents by reason of any such claim for which Tenant has indemnified
Landlord, Tenant; upon written notice from Landlord, will defend the same at Tenant's
ezpense with counsel reasonably satisfactory to Landlord. It is further spec cally and
expressly understood that the indemnification provided herein constitutes the TenanYs
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
4.4 Waiver and Release. Tenant, as a material part of the consideration to Landlord for
this Lease, by this Section waives and releases all claims against Landlord, its
employees and agents with respect to all matters for which Landlord has disclaimed
liability pursuant to the provisions of this Lease.
4.5 Waiver of Subrocaation. Tenant and Landlord hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard covered
by property insurance on or in connection with the Premises or said building. This
release shall apply only to the extent that such claim, loss or liability is covered by
insurance.
ARTICLE 5
GENERAL
5.1 Events of Default. The occurrence of any one ormore ofthe following events shall
constitute an "Event of DefaulY' under this Lease: (i) the Premises is left vacant or are
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abandoned, (ii) any part of the Monthly Rent or Parking Expenses are not paid when
due, or (iii) any nonperformance, breach or default under any other provision of this
Lease.
5.2 Landlord's Remedies. If any Event of Default occurs, then Landlord shall have the
right, at its election.
5.2.1 To terminate this Lease, in which case TenanYs right to possession of the
Premises will cease and this Lease will be terminated as if the expiration of the
term fixed in such notice were the end of the Term.
5.2.2. To cure any Event of Defauft and to charge Tenant for the cost of effecting
such cure, including without limitation reasonable attomeys' fees and Default
Interest provided that Landlord will have no obligation to cure any such Event of
Default of Tenant.
5:3 Riqhts and Remedies. Each right and remedy provided for in this Lease is
cumulative and is in addition to every other right or remedy provided for in this Lease or
at law or in equity. If a dispute arises under the terms of this Lease or if any payment
required by this Lease is not paid when due and the matter is tumed over to an
attomey, the prevailing party in the dispute will be entitled to receive its reasonable
attomeys' fees in addition to the other damages and costs recoverable under fhis
Lease.
5:4 Quiet Eniovment. So long as Tenant performs all covenants and obligations
contained in this Lease, Landlord warrants quiet enjoyment of the Premises by Tenant;
provided that Landlord, its agents or representatives may enter upon and inspect 4he
Premises at reasonable times upon reasonable notice. Landlord's failure to compy with
this $ection shall not give Tenant any right to terminate this Lease, to abate or reduce
the Monthly Rent, Parking Expenses or additional rent or fail to perForm any of TenanYs
obligations hereunder.
5.5 Liens. Tenant will keep the Premises free and clear of all mechanics' liens and other
liens on account of work done for Tenant or persons claiming under Tenant.
5.6 Environmental Matters.
S.6.T TenanYs Obligations. Tenant will not cause or permit the storage, treatmerrt
or disposal of any Hazardous Materials in, on, or about the Premises by Tenant,
its agents, employees or contractors. Tenant will not permit the Premises to be
used or operated in a manner that may cause the Premises or any part of fhe
Premises to be contaminated by any Hazardous Materials in violation of any
EnVironmental Laws. Tenant will not use or permit the Premises to be used for
maintenance of its vehicles.
Tenant will be solely responsible for and will defend, indemnify, and hold
Landlord, its agents and employees harmless from and against all direct claims,
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costs, and liabilities, including attorneys' fees and costs, arising out of or in
connection with TenanYs breach of its obligations in this Section.
Tenant will be solely responsible for and will defend, indemnify and hold
Landlord, its agents, and employees harmless from and against any and all direct
claims, costs, and liabilities, including attomeys' fees and costs, arising out of or
in connection with TenanYs introduction of Hazardous Materials to the Premises.
Tenant's obligations under this Section shall survive the expiration or other
termination of this Lease.
Hazardous Materials. "Fiazardous Materials" means asbestos, petroleum
products, explosives, radioactive materials, hazardous waste, hazardous
substances, or hazardous materials including, without limitation, substances
defined as "hazardous substances" in the Comprehensive Environmental
Response Compensation Liability Act ofi 1980, as amended, 42 U:S.C. Sec.
9601-9657 ("CERCLA") the Hazardous Material Transportation Act of 1975, 49
U:S.C. Sec. 1801-1812; the Resource Conservation Recovery Acts of 1976, 42
U.S.C. Sec. 6901-6987; the Dccupational Safety And heafth Act of 1970, 29
U.S.C. Sec. 6901-6987; the Occupational Safety And Health Act of 1970, 29
U.S.C. 651 et seq., or any other federal, state or local statute, law, ordinance,
code, rule, regulation, order or decree regulating, relating to, or imposing 7iability
or standards of conduct concerning hazardous materials, wastes or substances
now or at any time hereinafter in effect (collectively, "Environmental Laws").
5.7 Termination. At the expiration or other termination of this Lease, Tenant will
promptly quit and surrender the Premises to Landlord in good order and repair, ordinary
wear and tear excepted. All effects, additions and improvemeMs on the Premises after
the end of the Term shall be deemed conclusively to have been abandoned and may be
appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without
notice to Tenant or any other person and without obligation to account for them.
5.8 Assiqnment and Sublettina. Tenant shall not assign or sublet the Premises without
the written approval of Landlord, which approval is at the sole discretion of the Landlord.
If Landlord consents to a proposed assignment or sublease, then Landlord may require
Tenant to pay to Landlord a sum equal to 50% of any rent and other consideration,
profit or gain realized by Tenant from such sublease or assignment, in excess of the
rent allocable to the transferred space then being paid by Tenant to Landlord pursuant
to the Lease (after deducting the costs ofTenant, if any, in effecting the assignment or
sublease, including reasonable alteration costs, commissions and legal fees).
5.9 Subseauent Landlord. In the event of anysale or lease of Landlord's interest in the
Premises, the Landlord shall be relieved of all covenants and obligations hereunder,
and this Lease shall be deemed terminated on notice to Tenant of such sale oflease.
5.10 Notices. Notices and other communications required under this Lease shall be in
writing and shall be deemed given upon personal delivery; or three (3) business days
after deposit in the United States mail, first class, postage prepaid, ceitfied, retum
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receipt requested, or one (1) business day after timely delivery to an overnight courier,
to fhe addresses as set forth in Section 1.1. Either party may by similar notice change
the address to which future notices or other communications shall be sent.
5.11 Time is of the Essence. Time is of the essence for each and every provision of this
Lease.
5.12 No Waiver. The waiver by either Landlord or Tenant of any agreement, condition,
or provision contained in this Lease will not be deemed to be a waiver of any
subsequent breach of the same or any other agreement, condition, or provision
contained in this Lease.
5.13 Jurv Waiver. If any action, proceeding, claim or counterclaim is brought by landlord
or tenant against the other or their successors or assigns with respect to any matter
whatsoever arising out of or in connection with this lease, the use and occupancy of the
building, the relationship between landlord and tenant, any claim for injury or damage,
or any emergency or statutory remedy, landlord and tenant each hereby knowingly and
voluntarily waives trial by jury. If landlord commences any summary proceeding for
nonpayment of rent, tenant will not interpose (and waives the right to interpose) any
counterclaim in any such proceeding.
5.14 Brokers. Landlord and Tenant respectively represent and warranf to each other
that neither of them has consutted ornegotiated with any broker or finder with regard to
the Premises and will defend, indemnify and hold the other party harmless from any
claims or damages, including reasonable attomey& fees, arising from any breach of this
provision..
5.95 Au4hori . Each of the parties executing this Lease on behalf of the Tenant or the
Landlord represents to the otherparty that such party is authorized to do so by requisite
action of the party to this Lease.
5:16 Entrv bv Landlord. Landlord, its agents, employees, and contractors may enter the
Premises at any reasonable hour.
5:17 ,Governing Law. This Lease wil be governed by and construed pursuant to the
laws of the State of Washington, and the ordinances and regulafions of the City.
5.18 Entire Acareement:Amendment. This Lease contains the entire agreement between
Landlord and Tenant. No amendment, alteration, modification of, or addition to the
Lease will be valid or binding unless expressed in writing and signed by Landlord and
Tenant.
5.19 Late Rent. Any installment of Monthly Rent, Parking Expenses or additional rent
not paid (within five (5) days) ofl on its due date shall bear a late charge of 5% of the
delinquent installment, to compensate Landlord for its administrative expenses relating
to such delinquency. Further, any Monthly Rent oradditional rent not paid when due will
accrue interest at the default rate of tlie Prime Rate plus 5% per annum, but in no svent
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in an amount in excess of the maximum rate allowed by applicable law ("Default
Interest") from the date on which iYwas due until the date on which it is paid in full with
accrued interest.
The term "Prime Rate" shall mean the rate of interest from time to time as published in
The Wa11 Street Joumal under the table, "Money Rates," or any successorto it, as the
prime rate. If the Wall Street Journal or any successor to it ceases to publish the prime
rate, the Prime Rate will be a comparable interest rate designated by Landlord to
replace the Prime Rate.
5.20 Landlord Fees. If Tenant requests 4hat Landlord take any action or give any
consent required or permitted under this Lease or execute an instrument or document of
estoppel, subordination, non-disturbance or the like, Tenant will reimburse Landlord for
their fees, costs and expenses incurred.in reviewing, negotiating, preparing, processing,
executing and delivering the proposed action, consent, instrument or document,
including, without limitation, reasonable attomeys' fees (including Landlord's in-house
counsel fees and costs, at market-rate) and engineers' fees (including Landlord's in-
house engineers' fees and costs, at market rate), on or before ten (10) days after
Landlord's delivery to Tenant of a statement of such fees, costs and expenses. Tenant
will be obligated to make such reimbursement without regard to whether Landlord
consents to any such proposed action or executes any such proposed instrOment or
document.
EXECUTED as of the day and year first above written.
LANDLORD TENANT
City ofAuburn, a municipal corporation
By: By:
Its: Its:
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AIRPORT BUILDING LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter the "Lease") is entered into as of the day of
20 _, by and between Landlord and Tenant, as described in
the following basic lease information. Landlord and Tenant hereby agree as follows:.
ARTICLE 1
BASIC LEASE INFORMATION
In addition to the terms defined elsewhere in this Lease, the following terms shall have
the following meanings:
LANDLORD:City of Auburn, a municipal corporation
LANDLORD'S ADDRESS: 25 West Main St.
Auburn, WA 98001
Attn: Airport Supervisor
TENANT: Century West
TENANT ADDRESS: 400 23rci St NE
Aubum, WA 98002
PREMISES:A single story masonry and frame building
TERM:Five (5) years beginning on the Commencement Date
and expiring on the Expiration Date.
COMMENCEMENT DATE: May 1, 2014
EXPIRATION DATE: April 30, 2019
MONTHLY RENT: Tenant agrees to pay Monthly Rent for the Premises.
Rent shall be paid monthly at an initial rate of Five
hundred dollars ($500.00) per month, plus applicable
Operating Costs as defined in Section 3.2.
ARTICLE 2
AGREEMENT; USE; MAINTENANCE AND REPAIR; AND TERM
2.1 Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases
the Premises from Landlord, according to the terms and conditions of this Lease.
Landlord will be deemed to have delivered possession of the Premises to Tenant on the
Commencement Date, and Tenant will be deemed to have accepted the Premises,
based on its own inspection and not relying on any statement of the condition of the
Premises by Landlord or its agents, in its present "as-is" condition subject to all
applicable zoning, municipal, county and state laws, ortlinances and regulations
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goveming and regulating the use of the Premises, and any covenants or restrictions of
record.
2.2 Use. Tenant shall use the Premises only for the purpose of conducting General
office for aviation consufting and professional engineering consulting activities and for
no other purpose. The operation may include any or all of the following uses:
a. Aviation Consulting Engineering Services
b. Professional Office and Field Supply and Storage
c.Professional Consulting Engineering Services
The Tenant agrees to furnish these services on a fair, equal and not unjustly
discriminatory basis to all users thereof.
Tenant shall not allow the Premises to be used for any unlawful purposes or for
purposes that may result in a violation of any local, state or federal laws, statutes or
ordinances applicable to the Premises.
The Tenant agrees, at its sole cost and expense, to conform to, comply with and abide
by all lawful rules, codes, ordinances, requirements, orders, directions, laws, regulations
and standards of the United States, the State of Washington, and City of Aubum or
agency of any of said entities, including rules and regulations of Landlord, including
withouf limitation those relating to environmental matters, now in existence or hereafte
promulgated, applicable to the TenanYs use and operation of said Premises, including
the construction of any improvements thereon, and not to permit said Premises to be
used in violation of any ofi said rules, codes, laws or regulations. Tenant shall pay all
costs, expenses, liabilities, losses, damages, fines, penalties, claims, and demands,
including reasonable attorney's fees, that may in any manner arise out of or be imposed
because of the failure of Tenant to comply with the covenants of this section.
2.3. Use otPublic Airport Facilities. Tenant is granted the nonexclusive use ofiall public
airport facilities including but not limited to taxiways, runways, aprons, navigational aids
and facilities relating thereto for the purposes of landings, takeoffs and taxiing of Tenant
and Tenant's aircraft. All such use shall be in accordance with the laws of the United
States ofiAmerica, the State of Washington, and the rules and regulations promulgated
by their authority with reference to aviation and air navigation, and in accordance with
all reasonable and applicable rules, regulations and ordinances of the Landlord now in
force or hereafter prescribed or promulgated by ordinance or by law. Landlord agrees
during the term of this lease to operate and maintain the airport and its public airport
facilities as a public airport consistenYwith and pursuant to sponsor's assurances given
by Landlord to the United States Government under the Federal Airport Act.
2.4 Maintenance and Repair. The Tenant shall maintain the leased premises in good
repairand tenable condition, so that at the conclusion ofthe Lease, the premises shall
be in a condition as good as or better than its condition at the commencement of the
Lease, ordinary wear and tear excepted.
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2.4.1 Exterior Re airs. Landlord shall keep the foundations, adjacent sidewalks,
exterior walls, roof and downspouts in good order and repair, provided; however,
that Landlord shall not be required to repair damage which results from the act of
negligence by the Tenant, his agents, servants, or employees. If Landlord
refuses or neglects to commence or complete repairs, ether promptly or
adequately, Tenant may, but shall not be required to, commence or complete the
repairs, and Landlord shall pay the costs thereof to Tenant on demand.
2.4.2 Interior Repairs. The Tenant shall make internal repairs including (but not
limited to) repairs to interior walls, floors, wiring plumbing, heating, air-
conditioning equipment; provided, however, that Tenant shall not be required to
repair damage which resutts from acts of negligence by the Landlord, his agents,
servants or employees, or when such damage is caused by any peril included
within the Landlord's property insurance coverage. If Tenant refuses or neglects
to commence or complete repairs within thirty days of written notice by the
Landlord, Landlord may, but shall not be required to, commence or complete the
repairs, and Tenant shall pay the crosts thereof to Landlord on demand.
The Tenant shall keep the interior of the premises in good repair, at his own expense,
subject to approval of Landlord, except as o4herwise provided in this paragraph. Tenant
may make interior alterations and additions at its own cost, subject to approval of the
Landlord. The Tenant shall replace all windows glass and plate glass with the glass of
same or similar quality whenever said glass is broken or destroyed.
2.5 Term.
2.5.1 Commencement. The Term will commence on the Commencement Date
and will expire on the Expiration Date.
2.5.2. Ootion to Renew. If this lease shall be in force and effect on the date of
expiration of the original term, and the Tenant on that date shall have fully
complied with the terms and conditions of this lease, the Parties may renew this
Lease under mutually-agreeable terms. To exercise any renewal option, the
Tenant shall give the Landlord at least one hundred eighty (180) days advance
notice in writing. Landlord will notify Tenant not later than one hundred twenty
120) days before fhe end of the lease period whether it intends to renew the
Lease. Unless othervvise negotiated by the parties, all other terms of the Lease
shall remain in effect.
ARTICLE 3
RENT
3.1 Monthlv Rent. Te nant shall pay the Monthly Rent to Landlord as rent for the
Premises. Monthly Rent will be paid in advance, to Landlord at Landlord's address or to
such otherperson or place as LanHlord designates to Tenant in writing, on or before the
first day of each calendar month of ttie Term, without written notice or demand.. If the
Term commences on a day other 4han the first day of a calendar month or ends on a
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day other than the last day of a calendar monfh, then Monthly Rent will be appropriately
prorated. The Rental Amount shail be adjusted annually, effective January 1 of each
year during the term of this Lease, in accordance with the previous annual CPI-W for
the Seattle-Tacoma-Bremerton area, measured from August to August. Rent shall not
be decreased if the CPI-W is negative from any previous year.
3.2 O eratina Costs. Tenant acknowledges and agrees that costs and expenses shall
include, but are not limited to: Leasehold Excise Taxes at 12.84% of the Monthly Rent
if Leasehold Excise Tax is required by state statute); and any costs and expenses
incurred by Landlord in each month. in connection with the upkeep, operation,
maintenance, repair, and management of the Premises.
Commencing on the Lease Commencement Date, Tenant shall pay any and all
Impositions allocable to the Premises. The term "Impositions" shall mean all real estate
taxes (to the extent any portion of the Premises and any improvements thereon are
subject to real estate taxes), water, sanitary sewer and storm water charges, charges
for public utilities, local improvement or general or special benefit district assessments,
license and permit fees or other charges which shall or may during the Term be
assessed, levied, charged, confirmed or imposed by any public authority upon or accrue
or become due or payable out of or on account of or become a lien on the Premises or
any part thereof, including without limitation all real property taxes allocable to the
Improvements, or for the use or occupancy of the Premises, and any tax on receipt of
rents.
The term "Impositions" shall expressly include statutory leasehold excise tax imposed
by Chapter 82.29A RCW on the taxable rent payab e by Tenant hereunder, but shall
ezclude any income tax, estate, succession, or inheritance taxes. Either Tenant or
Landlord may contest the validity or amount (including the assessed valuation upon 4he
Premises and any exemptions applicable to any portion thereo of any lmposition for
which either is responsible in whole or in part, and which such party in good faith
believes is excessive, improper or invalid. In such event, the payment thereof may be
deferred during the pendency of such contest, if diligently prosecuted, but in no event
shall Tenant allow a lien for any unpaid taxes which it is contesting to attach to the
Premises. Each party agrees to join at the other's request in any such contest to the
extent sucli joinder is prerequisite to such prosecution under statute, regulation or
administratiye practice. In connection with a judicial or administrative challenge to any
assessmenf, Tenant may take advantage of any stay in collection available under
statu4e, regulati n, or court or administrative order or rules. Nothing herein contained,
however, shall be so construed as to allow such items to remain unpaid for such length
of time as shall permit the Premises, or any part thereof, to be sold by any
govemmental, city or municipal authority for tfie nonpayment of the same. Wdhin ten
10) days after the amount of such contested ftem is finally determined to be due, the
party liable for such Imposition shall pay the amounts so determined, together with the
penalties, interest and expenses associated with such contest.
3.3 Utilities. Tenant agrees to contract with the appropriate provider and pay for all
public utilities, which shall be used in or charged against the Premises, and to hold the
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Landlord harmiess from such charges. Landlord shall cooperate, at no charge to
Landlord, in the granting of easements and rights-of-way in, through, above, and/or
under property owned and controlled by Landlord at the Airport and reasonably
necessary for the provision of utilities to the Premises, provided that if any utility lines,
including but not limited to storm water lines, need to be relocated, the responsibility to
relocate them shall be bome solely by the Tenant.
It is the intent of Tenant and Landlord that the rent:due hereunder shall be absolutely
net to Landlord and that Tenant shall pay all costs expenses regarding the Premises
whether specifically mentioned herein or not.
ARTICLE 4
INSURANCE AND INDEMNITY
4:1 TenanYs Insurance. At all times during the Term, Tenant will carry and maintain, at
TenanYs expense, the following insurance in the amounts specified below or such other
amounts as Landlord may from time to time reasonably request, with insurance
companies and on forms satisfactory to Landlord to the extent allowed by applicabie
law:
Commercial General Liability insurance and Automobile coverage including all
owned and non-owned vehicles, w'ith a combined single limit, each occurrence
limit of not less than $1,000,000.00. All such insurance will be equivalent to
coverage offered by a Commercial General Liability form including, without
limitation, personal injury, death of persons or damage to property occurring in,
on, or about the Premises, and contractual liabilitycoverage for the performance
by Tenant of the indemnity agreements set forth in Section 4.3 of this Lease;
Insurance covering all of TenanYs machinery, equipment, and any other personal
property owned by Tenant and located on or about the Premises and any
leasehold improvements to the Premises, in an amount not less than the full
replacement cost: Property forms will provide coverage on a broad form basis
insuring against "all risks of direct physical loss."
Worker's compensation insurance insuring against and satisfying TenanYs
obligations and liabilities under the worker's compensation laws of the State
where the Premises is located, including employer's liability insurance in the
limits required by the laws of the State where the Premises is located.
Any additional insurance reasonably requested by Landlord to cover any unusual
risks created by the nature of Tenant's use of the Premises.
4.2 Forms of the Policies. Certificates of insurance, together with copies of Additional
Insured' endorsements, when applicable, listing Landlord and any others specified by
Landlord as additional insureds, will be delivered to Landlord prior to TenanYs
occupancy of the Premises and from time to time at least 10 days' prior to the expiration
of the term of each such policy. All Commercial General Liability or comparable policies
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maintained by Tenant will name landlord and such other persons or entities as
Landlord specifies from time to time as additional insureds entitling them to recover
under such policies for any loss sustained by them, their agents and employees. All
such policies maintained by Tenant will endeavor to provide that they may not be
terminated nor may coverage be reduced except after 30 days' prior written notice to
Landlord. All Commercial General Liability and property policies maintained by Tenant
will be written as primary policies, not contributing with and not supplemental to the
coverage that Landlord may carry.
4.3 TenanYs Indemnification. Tenant will neither hold nor attempt to hold Landlord, 'its
employees or agents liable for, and Tenant will indemnify and hold harmless Landlord,
its employees and agents from and against, any and all demands, claims, causes of
action, fines, penalties, damages (including consequential damages), liabilities,.
judgments, and expenses (including, without limitation, reasonable attomeys' fees)
which arise out of or relate to: (1) the use or occupancy or manner of use or occupancy
of the Premises by Tenant or any person claiming under Tenant; (2) any activity, work,
or thing done or permitted by Tenant in or about the Premises; (3) any breach by
Tenant or its employees, agents, contractors or invitees of this Lease; and (4) any
injury, loss or damage to the person, property or business of Tenant, its employees,
agents, or contractors or any invitees entering upon the Premises under the express or
implied invitation of Tenant. If any action or proceeding is brought against Landlord or
its employees or agents by reason of any such claim for which Tenant has indemnified.
Landlord, Tenant, upon written notice from Landlord, will defend the same at TenanYs
expense with counsel reasonably satisfactory to Landlord. It is further specifically and
expressly understood that the indemnification provided herein constitutes the TenanYs
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
4.4 Waiver and Release. Tenant, as a material part of the consideration to Landlord for
this Lease, by this Section waives and releases all claims against Landlord, its
employees and agents with respect to all matters for which Landlord has disclaimed
liability pursuant to the provisions of this Lease.
4.5 Waiver of Subroaation. Tenant and Landlord hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard covered
by property insurance on or in connection with the Premises or said building. This
release shall apply only to the extent that such claim, loss or liability is covered by
insurance.
ARTICLE 5
GENERAL
5.1 Events of Default. The occurrence of any one or more of the following events shall
constifute an "Event of Default" under this Lease: (i) the Premises is left vacant or are
abandoned, (ii) any part of the Monthly Rent or Parking Expenses are not paid when
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due, or (iii) any nonperformance, breach or default under any other provision of this
Lease.
5.2 Landlord's Remedies. If any Event of Default occurs, then Landlord shall have the
right, at its election.
5.2.1 To terminate this Lease, in which case TenanYs right to possession of the
Premises will cease and this Lease will be terminated as if the expiration of the
term fixed in such notice were the end of the Term.
5.2.2. To cure any Event of Default and to charge Tenant forthe cost of effecting
such cure, including without limitation reasonable attomeys' fees and Defauft
Interest provided that Landlord will have no obligation to cure any such Event of
Defauft of Tenant.
5.3 Riahts and Remedies. Each right and remedy provided for in this Lease is
cumulative and is in addition to every other right or remedy provided for in this Lease or
at law or in equity. if a dispute arises under the terms of this Lease or if any payment
required by this Lease is not paid when due and the matter is turned over to an
attorney; the prevailing party in the dispute will be entitled to receive its reasonable
attorneys' fees in addition to the other damages and costs recoverable under this
Lea"se.
5.4 Quiet Eniovment. So long as Tenant performs all covenants and obligations
contained in this Lease, Landlord warrants quieYenjoyment of the Premises by Tenant;
provided that Landlord, its agents or representatives may enter upon and inspect the
Premises at reasonable times upon.reasonable notice. Landlord's failure to comply wfth
lhis Section shall not give Tenant;any right to terminate this Lease, to abate or reduce
the Monthly Rent, Parking Expenses or additionaf rent or fail to perform any of TenanYs
obligations hereunder.
5.5 Liens.Tenant will keep the Premises free and clear of all mechanics' liens and other
liens on account of work done for Tenant or persons claiming under Tenant.
5.6 Environmental Matters.
5.6.1 TenanYs Obligations. Tenant will not cause or permit the storage, treatment
or disposal of any Hazardous Materials in, on, or about the Premises by Tenant,
its agents, employees or contractors. Tenant will not permit the Premises to be
used or operated in a manner that may cause the Premises or any part of the
Premises to be contaminated by any Hazardous Materials in violation of any
Environmental Laws. Tenant will not use or permit the Premises to be used for
maintenance of its vehicles.
Tenant will be solely responsible for and will defend, indemnify, and hold
Landlord, its agents and erriployees harmless from and against all direct claims,
7
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costs, and liabilities, including attorneys' fees and costs, arising out of or in
connection with TenanYs breach of its obligations in this Section.
Tenant will be solely responsible for and will defend, indemnify and hold
Landlord, its agents, and employees harmless from and against any and all direct
claims, costs, and liabilities, including attorneys' fees and costs, arising out of or
in connection with TenanYs introduction of Hazardous Materials to the Premises.
TenanYs obligations under this Section shall survive the expiration or other
termination of this Lease.
Hazardous Materials. "Hazardous Materials" means asbestos, petroleum
products, explosives, radioactive materials, hazardous waste, hazardous
substances, or hazardous materials including, without limitation, substances
defined as "hazardous su6stances" in the Comprehensive Environmental
Response Compensation Liability Acfi of 1980, as amended, 42 U.S.C. Sec.
9601-9657 ("CERCLA") the Hazardous Material Transportation Act of 1975, 49
U.S.C. Sec. 1801-1812; the Resource Conservation Recovery Acts of 1976, 42
U.S.C. Sea 6901-6987; the Occupational Safety And health Act of 1970, 29
U.S.C. Sec. 6901-6987; the Occupational Safety And Health Act of 1970, 29
U.S.C. 651 et seq., or any otherfederal, state or local statute, law, ordinance,
code, rule, regulation, order or decree regulating; relating to, or imposing liability
or standards of conduct conceming hazardous materials, wastes or substances
now or at any time hereinafter in effect (collectively, "Environmental Laws").
5.7 Termination. At the expiration or other termination of this Lease, Tenant will
promptly quit and surrender the Premises to Landlord in good order and repair, ordinary
wear and tear excepted. All effects, additions and improvements on the Premises after
the end ofthe Term shall be deemed conclusively to have been abandoned and may be
appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without
notice to Tenant or any other person and without o6ligation to accounYfor them.
5.8 Assiqnment and Sublettinq. Tenant shall not assign or sublet the Premises without
the written approval of Landlord, which approval is at the sole discretion of the Landlord.
If Landlord consents to a proposed assignment or sublease, then Landlord may require
Tenant to pay to Landlord a sum equal to 50% of any rent and other consideration,
profit or gain realized by Tenant from such sublease or assignment, in excess of the
rent allocable to the transferred space then being paid by Tenant to Landlord pursuant
to the Lease (after deducting the cost§ of Tenant, if any, in effecting the assignment or
sublease, including reasonable alteration costs, commissions and legal fees).
5.9 Subseauent Landlord. In the eveM of any sale or lease of Landlord's interest in the
Premises, the Landlord shall be relieved of ap covenaMs and obligations hereunder,
and this Lease shall be deemed terminated on notice to Tenant of such sale of lease.
5.10 Notices. Notices and other communications required under this Lease shall be in
writing and shall be deemed given upon personal delivery; or three (3) business days
after deposit in the United States mail, first class, postage prepaid, certified, return
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receipt requested, or one (1) business day aftertimely delivery to an overnight courier,
to the addresses as set forth in Section 1.1. Either party may by similar notice change
the address to which future notices or other communications shall be sent.
5:11 Time is of the Essence. Time is of the essence for each and every provision of this
Lease.
5.12 No Waiver. The waiver by either Landlord or Tenant of any agreement, condition,
or provision contained in this Lease will not be deemed to be a waiver of any
subsequent breach of the same or any other agreement, condition, or provision
contained in this Lease.
5.13 Jurv Waiver. If any action, proceeding, claim or counterclaim is brought by landlord
or tenant against the other or their successors or assigns with respect to any matter
whatsoever arising out of or in connection with this lease, the use and occupancy of the
building, fhe relationship between landlord and tenant, any claim for injury or damage,
or any emergency or statutory remedy, landlord and tenant each hereby knowingly and
voluntarily waives trial by jury. If landlord commences any summary proceeding for
nonpayment of rent, tenant will no4 interpose (and waives the right to interpose) any
counterclaim in any such proceeding.
5.14 Brokers. Landlord and Tenant respectively represent and warrant to each other
that neither of them has consulted or negotiated with any broker or finder with regard to
the Premises. and wiil defend, indemnify and hold the other party harmless from any
claims or damages, including reasonable attomey8 fees, arising from any breach of this
provision.
5.15 Authori . Each of the parties executing this Lease on behalf of the Tenant or the
Landlortl represents to the otherparty that such party is authori2ed to do so by requisite
action of the party to this Lease.
5.16 Entrv bv Landlord. Landlord, its agents, employees, and contractors may enter the
Premises at any reasonabie hour.
5.17 Govemina Law. This Lease will be govemed by and construed pursuant to the
laws of the State of Washington, and the ordinances and regulations of the City.
5.18 Entire Aareement: Amendment. This Lease contains the entire agreement between
Landlord and Tenant. No amendment, alteration, mod cation of, or addition to the
Lease will be valid or binding unless expressed in writing and signed by Landlord and
Tenant.
5.19 Late Rent. Any installment of Monthly Rent; Parking Expenses or additional rent
not paid (within five (5) days) o on its due date shall bear a late charge of 5% of the
delinquent installment, to compensate Landlord for its administrative expenses relating
to such delinquency. Further, any Monthly Rent or additional rent not paid when due will
accrue interest at the defaulfi rate of the Prime Rate plus 5% per annum, but in no event
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in an amount in excess of the maximum rate allowed by applicalile law ("Default
InteresY') from the date on which it was due until the date on which it is paid'in full with
accrued interest.
The term "Prime Rate" shall mean the rate of interest from time to time as published in
The Wall 5treet Joumal under the table, "Money Rates," or any successor to it, as the
prime rate. If the Wall Street Journal or any successor to it ceases to publish the prime
rate, the Prime Rate will be a comparable interest rate designated by Landlord to
replace the Prime Rate.
5.20 Landlord Fees. If Tenant requests that Landlord take any action or give any
consent required or permitted under this Lease or execute an instrumenfior document of
estoppel, subordination, non-disturbance or the like, Tenantwill reimburse Landlord for
their fees, costs and expenses incurred in reviewing, negotiating, preparing, processing,
executing and delivering the proposed action, consent, instrument or document,
inciuding, without limitation, reasonabte attomeys' fees (inciuding Landlord's in-house
counsel fees and costs, at market-rate) and engineers' fees (including Landlord's in-
house engineers' fees and costs, at market rate), on or before ten (10) days after
Landlord's delivery to Tenant of a statement of such fees, costs and expenses. Tenant
will be obligated to make such reimbursement without regard to whether Landlord
consents to any such proposed action or executes any such proposed instrument or
document.
EXECUTED as of 4he day and year first above written.
LANDLORD TENANT
City of Auburn, a municipal corporation
By: By:
Its: Its:
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RES.F Page 126 of 137
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5056
Date:
April 3, 2014
Department:
Police
Attachments:
Resolution No. 5056 with agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt 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
officer 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:
Finance, Municipal Services Other: Legal, Muckleshoot Indian Tribe
Councilmember:Peloza Staff:Lee
Meeting Date:April 7, 2014 Item Number:RES.G
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 127 of 137
RESOLUTION N0. 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 GITY 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, th e Muckleshoot Indian ?ribe, however, is also engaged in law
enforcement activities, particularly those activities occurring in areas of the reservation
located outside of the City of Aubum; 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 Ciry Clerk are hereby authorized to execute an
Agreement Between the City of Auburn and the Muckleshoot Indian Tribe Relating to
Resolution No. 5056
March.20, 2014
Page 1 of 2
RES.G Page 128 of 137
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 di ectives 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
APPROVE AS70 FOR :
niel B. Heid, Gity Attorney
Resolution No. 5056
March 20, 2014
Page 2 of 2
RES.G Page 129 of 137
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 Aubum, a municipal corporation of the
State of Washington, hereinafter refetted to as "Auburn" or "City," and the Muckleshoot
Indian Tribe, a federally-recognized Indian tribe, hereinafter refeaed to as the "Tribe."
WHEREAS, the Tribe has criminal jurisdiction over Indian persons who commit
crimes within the boundaries of the Muckleshoot Reservation, hereinafter raferred to as.
Reservation'; and,
WHEREAS, Auburn has authority to enforce State criminal laws of general
applicability against Indian persons committing crimes within that ponion of Auburn
located wit}iin 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 Aubum For such additional
services; and
WHEREAS, Auburn provides law enforcement services to persons residing on or
present within that portion of Aubum located within the Reservation as part of Auburn's
basio-level of law enforcement services; and
WHEREAS, through thisAgreement Aubum 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 RC W 3034 to contract with the Tribe to provide such services.
NOW, THEREFORE, the Tribe and Aubum hereby agree:
l.Law Enforcement Services.
1.1 Base Level Services. Auburn currently provides a patrol officer whose
primary patroi responsibilities include probiding police services to Disuict 6. District 6 is
within Aubum's jurisdictional boundaries and includes land azeas 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 aze not limited to:
Communication Services: E-911. Communications service, including all call
receiving, dispatching, and repon taking, and
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Disnatched 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 aze not limited to,
crime investigaUom and analysis, drug enforcement, major accident response
and reconstruction, and vice conuol; and
Snecial Services. Special Operation services such as canine patrol, hostage
negotiations, tactical unit, and traffic enforcement.
1.2 Additional Law Enforcement Services. T'he Ciry 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 patrof and work assignments from the Tribal Chief of Police. The Additional
Officer will work a pauol 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 Addiuonal O cer towazds 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 Additiona( Officer. The City
shall make all final decisions regazding the Additional Officer including annual
performance evaluations, promotiona] opportunities, disciplinary matters and the
Additional Officer shall remain at all times subject to the Aubum Police Department's
Manual of Standazds and City's Administrative Policies and Procedures. T'he Tribe shall
participate in the selection process as'set out in section 3 below.
7'he Additional Officer's duties are the same as that of a general police officer
patrolling on reservadon 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. Communiry 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;
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providing special emphasis to community concems; 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 O cer will at all times operate under the Auburn Police
DepaztmenYs Manual of Standazds and Policy and Procedwes. 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
Aubuin. It is understood by both Parties that the primaryrole of the Additional Officer is
to patrol Tribal Lands located within the jurisdictional boundaries of the City of Aubum
and any request for service that takes the Additional Officer outside of the Tribal
Reservation should be temporary and of shoft duration and upon conclusion of any calls
ouuide 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 limitedjurisdiction authorized to heaz City of Aubum cases. All persons cited
for violations occurring within the portion of the City of Aubum located within the
Reservation shall be initially referred to the City's prosecutor for processing. Provided
that if violators so referred aze determined to be enrolled members of the Muckleshoot
Indian Tribe or members of another federally recognized Indian uibe and the offense is
one prosecutable under Muckleshoot law, those individuals shall be uansferr8d 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 Ciry 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 Ciry and the Tribe
may proceed as permitted by applicable law.
The City of Aubum, iu Police Department and the Muckleshoot Police shal]
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
Ciry, 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 Counry procedwes
in which case the Tribe may elect to prosecute. If a case is cited into the Muckleshoot
Tribal Court, the Auburn police officers shall 6e 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.
Page 3
RES.G Page 132 of 137
2.Compensation.
2.1 Additional Officer Costs. The Tribe agrees to reimburse the City for the
Ciry's cosu as contained in Exhibit A, which is incorporated herein by reference.
AddiUOnal 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 E chibit B, represents all costs associated with funding the
o cer assigned under this Agreement for calendar yeaz 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 conuact obligations applicable to all Auburn Police
Officers. If the Additional Officer terminates employment or is removed from
performing Additional Officer patrol duties than the Ciry shall prepare a pro rata invoice
for services rendered in accordance with Exhibit A of this Agreement, for payment by the
Tribe.
2.2 Billin¢• 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 Aut6orities.
3.1 Coordination. Aubum 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 Aubum Chief of Police or their designees
will meet to establish a service schedule, discuss community eeds, and prioritize duties
consistent with the pwposes and reguirements of ttiis Agreement. The Triba! 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 opportuniry 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 Aubum Chief of Police and the Tribal
Chief of Police shall repoR 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.
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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 6y
the City and may 6e subject to state public disclosure and Privacy Act laws.
4.2 Ouarterlv Reports. Auburn will provide written quarterly reports on
criminal activity and law enforcement responses within the Muckleshoot Reservation.
Provided the Tribal and Aubum 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.
S. Personnel and Equipment.
Aubum is at all times under this Agreement acting as an independent contractor to
the Muckleshoot Tribe.
5.1 Conuol of Personnel. Conuol of personnel, standazds of perforriiance,
discipline and all other aspects of performance shall be governed by and shall remain
under the Citv's conuol.
5.2 Liabilities. All liabilities for salaries, payroll taxes, benefits, wages and
compensation, workers compensation, and sick leave shall remain with the Ciry.
5.3 Vehicle. The Tribe will pay the City the wsts associated with one new
Auburn Police vehicle as set out in Exhibit B of this Agreement. The police vehicle will
be used bythe Additional Officer primarily on the Reservation, and shall bear the Auburn
Police mazkings, 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 propeRy of the City
of Aubum 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 thereo terminate
within fve years of its initial effective date Aubum shall retum 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 yeazs.
6. Term.
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61 Duration. T'his 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 ihe 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,
orany of them, the Ciry shall satisfy the same.
7.2 Aubum Held Harmless. The Tribe shall indemnify and hold the Ciry 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 even[ 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 Aubum 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
Ciry, 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 Immuniri. T he 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
Page 6
RES.G Page 135 of 137
with respect to or for the benefit of any other entity, person or govemment. Provided, that
the Tribe's limited waiver of sovereign immunity set out in this pazagraph is fiirther
limited to injunctive and declazatory 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 dollazs ($2,000,000.00).
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 necessazy 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 Snecial Dutv or Relationshin. All Auburn police oFficers, including the
Additional OfFicer, have a primary obligation to the City, not the Tribe. They aze
expected to dischazge all duties of their office while performing pursuant to this contract
and will not perform any non-law enforcemenUpeacekeeping 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
enforcemenUpeacekeeping duties io be performed pursuant to this Agreement aze 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 proviiled under this Agreement shall be subject to inspection,
review or audit by the City orTribe during the term of this Agreement and three (3) years
after itstermination.
8.2 Amendments. This Agreement may be amended at any time by mutual
written agreement of the parties.
8.3 Dispute Resolution. Any dispute conceming the implementation of this
Agreement shall be first directed to the Tribe's Chief of Police and the Aubum 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 73
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may be resolved in a court of competent jwisdiction. 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 Aereement/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 aze 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
Aubum Mayor Tribal Council Chair,
Date: Date:
Approved as to form:Approved as to form:
Daniel Heid Auburn ity tto Robert L..Otsea, Jr. Chief Legal Counsel
City of Auburn Muckleshoot Indian Tribe
Date: Date:
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RES.G Page 137 of 137