HomeMy WebLinkAbout01-03-2017 CITY COUNCIL AGENDACity Council Meeting
January 3, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Korean American Day Proclamation
Mayor Backus to proclaim January 13, 2017 as Korean American Day in the city
of Auburn.
III. APPOINTMENTS
A. Arts Commission Appointments
City Council confirm the following appointments to the Arts Commission. Each
will be appointed to serve a three year term, expiring December 31, 2019:
Amy Sie
Kelley Kuhlman
Kenneth Greg Watson
(RECOMMENDED ACTION: City Council confirm the appointments.)
B. Board and Commission Reappointments
City Council to confirm the following Board and Commission reappointments for
three year terms ending December 31, 2019:
Arts Commission
Jan Jensen
Charlotte Gollnick
Cary Davidson
Donna Smart
Auburn Lodging Tax Advisory Committee
Bob Fraser
Chantelle Herburger
Satpal Sohal
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Cemetery Board
Judi Roland
Warren Olson
Human Services Committee
Barbara Derda
Planning Commission
Ronald Copple
Joan Mason
Salary Commission
Ronald Beyersdorf
Urban Tree Board
Brooksie Hall
James Tourangeau
(RECOMMENDED ACTION: City Council confirm the appointments.)
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
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.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. 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 December 19, 2016 City Council Meeting*
B. Claims Vouchers (Coleman)
2016 claims voucher numbers 441961 through 441965 and voucher numbers
441968 through 442161 in the amount of $1,825,221.60 and four wire transfers
in the amount of $399,594.72 and dated January 3, 2017.
Page 2 of 44
2017 claims voucher numbers 441966 through 441967 and voucher numbers
442162 through 442173 in the amount of $109,171.66 and one wire transfer in
the amount of $440,807.04 and dated January 3, 2017.
C. Payroll Vouchers (Coleman)
Payroll check numbers 536999 through 537026 in the amount of $747,604.90
and electronic deposit transmissions in the amount of $1,397,459.98 for a grand
total of $2,145,064.88 for the period covering December 15, 2016 to December
28, 2016.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. RESOLUTIONS
A. Resolution No. 5266* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to accept a grant from the Washington State Transportation
Improvement Board for construction of the Auburn Way South (SR-164)
Sidewalk Improvement Project
(RECOMMENDED ACTION: City Council adopt Resolution No. 5266.)
B. Resolution No. 5267* (Roscoe)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute a second addendum to the Public Defense Services
contract between Cayce & Grove and the City of Auburn, providing for an
extension thereof for one additional year
(RECOMMENDED ACTION: City Council adopt Resolution No. 5267.)
C. Resolution No. 5269* (Roscoe)
A Resolution of the City Council of the City of Auburn, Washington, approving
and authorizing the Administrative Services Agreement between the City of
Auburn and ICMA Retirement Corporation
(RECOMMENDED ACTION: City Council adopt Resolution No. 5269.)
XI. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XII. ADJOURNMENT
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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 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the December 19, 2016 City Council Meeting
Date:
December 28, 2016
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:January 3, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 5 of 44
City Council Meeting
December 19, 2016 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Auburn City Hall Council Chambers located at 25 West Main Street in Auburn.
Mayor Backus led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel and Rich
Wagner.
Mayor Nancy Backus was in attendance, and the following department
directors and staff members were present: Innovation and Technology
Director Paul Haugan, Parks, Arts and Recreation Director Daryl Faber, City
Attorney Daniel B. Heid, Community Development and Public Works Director
Kevin Snyder, Finance Director Shelley Coleman, Assistant Director of
Engineering Services/City Engineer Ingrid Gaub, Police Chief Bob Lee,
Director of Administration Dana Hinman, and Deputy City Clerk Shawn
Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
There was no announcement, proclamation or presentation.
III. APPOINTMENTS
A. Election of Deputy Mayor
Mayor Backus opened the floor for nominations for Deputy Mayor.
Councilmember Baggett nominated Councilmember Holman and
Councilmember Wagner nominated Deputy Mayor Wales.
Councilmember Peloza spoke in favor of Deputy Mayor Wales continuing
at Deputy Mayor. He stated she has done a good job in 2016, and there is no
reason to change.
Councilmember Holman listed duties required of the Deputy Mayor and his
qualifications for the position.
Councilmember Trout-Manuel spoke in support of Deputy Mayor Wales
continuing as Deputy Mayor. She stated Deputy Mayor Wales has done a
good job working with Mayor Backus.
Deputy Mayor Wales was elected Deputy Mayor by a vote of 5-2.
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CA.A Page 6 of 44
Councilmember Holman and Councilmember Baggett voted for
Councilmember Holman.
IV. AGENDA MODIFICATIONS
Resolution No. 5262 was removed from the agenda, and Resolution No. 5265 was
add to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
There was no public hearing scheduled for this evening.
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.
Adam Braun, 5207 Quincy Avenue SE, Auburn
Mr. Braun recommended not installing blue safety phones in City parks. He
spoke of his experience as a college student and safety phones on campus.
He stated it appeared that crime incidents were not deterred but moved a
block away from the area where blue safety phones were installed. Mr. Braun
suggested any funds allocated for the blue safety phone could be better
spent.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen spoke in favor of the City Council returning to the Council
Committee system.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember Baggett reported on behalf of the Finance ad hoc committee that
reviews claims and payroll vouchers. Councilmember Baggett reported he
and Councilmember Wagner reviewed the claims and payroll vouchers as
presented and described on this evening's agenda and recommend City Council
approval of the vouchers.
Councilmember Wagner reported on behalf of the ad hoc committee established to
review the Council structure. He stated the ad hoc committee met on the December
16th to consolidate the proposals. The committee will bring a proposal back to full
Council at the January 9, 2017 study session with an expected implementation date
by the second quarter of 2017.
VII. 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 December 5, 2016 City Council Meeting
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CA.A Page 7 of 44
B. Claims Vouchers (Coleman)
Claims voucher numbers 441770 through 441960, in the amount of
$3,722,435.24 and four wire transfers in the amount of $626,130.32 and dated
December 19th, 2016.
C. Payroll Vouchers (Coleman)
Payroll check numbers 536965 through 536998 in the amount of $575,283.89,
electronic deposit transmissions in the amount of $1,455,928.97 for a grand
total of $2,031,212.86 for the period covering December 1, 2016 to December
14, 2016.
D. 2017 Annual On-Call Agreements (Snyder)
City Council to approve the Annual On-Call Professional Service Agreements
for 2017
E. Public Works Project No. CP1417 (Snyder)
City Council award Contract No. 16-04 to R.L. Alia on their low bid of
$264,514.50 plus Washington State sales tax of $25,128.88 for a total contract
price of $289,643.38 for Project No. CP1417, West Hill Springs Improvements
Project.
Councilmember DaCorsi moved and Councilmember Trout-Manuel
seconded to approve the Consent Agenda.
The Consent Agenda includes minutes, claims vouchers and payroll vouchers,
on call agreements and public works agreements.
Councilmember Peloza requested Item F, Public Works Project No. CP1522
be removed from the consent agenda and considered separately.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
A. Public Works Project No. CP1522 (Snyder)
City Council approve Change Order No. 1 in the amount of $273,750.00 to
Contract No. 16-19 for work on Project No. CP1522 – 30th Street NE Area
Flooding, Phase 1B
Councilmember Peloza asked about the funds allocated for pipeline repair.
Assistant Director/City Engineer Gaub explained these funds are for any
needed repair or replacements that come up through the year.
MOTION CARRIED UNANIMOUSLY. 7-0
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
There was no ordinance for Council consideration.
XI. RESOLUTIONS
A. Resolution No. 5261 (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
acceptance of a grant from the Washington State Military Department in the
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CA.A Page 8 of 44
amount of Forty-three Thousand Three Hundred fifteen dollars ($43,315.00)
from the United States Department of Homeland Security Emergency
Management Performance Grant Program, and authorizing the Mayor to
execute necessary agreements to accept and expend said funds
Deputy Mayor Wales moved and Councilmember Peloza seconded to adopt
Resolution No. 5261.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5263 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington approving
an Interlocal Agreement with the Auburn Transportation Benefit District to
coordinate individual, joint and mutual rights and obligations pertaining to the
operation, maintenance, construction and reconstruction of public
transportation infrastructure within the boundaries of the City of Auburn and
the Auburn Transportation Benefit District
Deputy Mayor Wales moved and Councilmember Baggett seconded to adopt
Resolution No. 5263.
Councilmember Peloza stated the Board of Directors of the Transportation
Benefit District established a $20 license tab fee. The City and the
Transportation Benefit District will enter into an interlocal to coordinate the
operation, maintenance, and construction for the infrastructure
improvements paid for by the funds received from the fee.
Councilmember Wagner explained the State of Washington allows jurisdictions
to create a Transportation Benefit District with separate funding opportunities
from the City.
Deputy Mayor Wales stated she will not vote in support of the interlocal
agreement. She believes 25% of the funds will go to administration of
the projects. She believes the City should put the question before the voters.
MOTION CARRIED. 6-1 Deputy Mayor Wales voted no.
C. Resolution No. 5264 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington adopting
the Strategic Business Plan for the Auburn Municipal Airport
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to adopt
Resolution No. 5264.
MOTION CARRIED UNANIMOUSLY. 7-0
D. Resolution No. 5265
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute a second addendum to the current services agreement
with Aviation Management Group, LLC for the day to day operation and
management of the Auburn Municipal Airport, providing for a ninety day
extension thereof
Deputy Mayor Wales moved and Councilmember Baggett seconded to
adopt Resolution No. 5265.
Deputy Mayor Wales stated this extension will allow the City and the
management team at the airport time to ensure everyone's needs are met. Page 4 of 6
CA.A Page 9 of 44
MOTION CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
Deputy Mayor Wales reminded it is the holiday season and a time for giving.
She thanked the Auburn community for its year round generosity. Deputy
Mayor Wales stated she was joined by Mayor Backus and Councilmember
Trout-Manuel in working on a holiday giving program at Gildo Rey Elementary,
which served 270 individuals.
Councilmember Peloza reported he attended the Gildo Rey Elementary School
with Mayor Backus to deliver warm coats to children as part of a Valley
Regional Fire Authority giving program. Councilmember Peloza also served
as a Santa's helper for the Auburn Regional Fire Authority's "Shop with a
Student" held at Auburn High School.
Councilmember Trout-Manuel reported on her participation at the holiday
giving program at Gildo Rey Elementary School where families were provided
with food and children were provided with gifts and clothing.
Councilmember Baggett reported he and Councilmember Peloza participated
in the Senior Center Coffee Hour.
Councilmember Holman reported he attended the Seattle-King County
Economic Development Council meeting to receive the Council's fourth quarter
report.
Councilmember Wagner reported he attended the Transportation Policy Board
of the Puget Sound Regional Council, where discussion focused on alternative
funding options to the gas tax, such as a road usage funding system.
Councilmember Wagner also spoke regarding Auburn's Transportation Benefit
District Board.
Councilmember DaCorsi reported on his attendance at the King County
Regional Transit Committee meeting where the Committee adopted the Long
Range Transit Service and Capital Plan.
B. From the Mayor
Mayor Backus reported the City has hired a firm to assist in the recruitment of
police officers to better reflect the community as a whole.
Mayor Backus reported on the City Employees' Annual Giving Campaign and
silent auction fund raiser.
Mayor Backus reported she met with the interim president of Green River
College, Scott Morgan, and Auburn School District Superintendent Spicciati, to
identify areas of focus that the Cities and Schools Forum will work together
to achieve. Initially, the Cities and Schools Forum will focus on family wage
jobs in the Auburn, Algona, and Pacific communities.
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CA.A Page 10 of 44
Mayor Backus stated she attended the farewell reception for Pierce County
Executive Pat McCarthy, who was elected as Washington State Auditor.
Mayor Backus reported she attended Breakfast with Santa along with
Councilmembers Peloza and Baggett.
Mayor Backus reported on attendance at a meeting of the Business
Improvement Area (BIA) businesses.
Mayor Backus also reported she attended Governor Inslee's budget
presentation to support the Governor's effort to fund behavioral health and
human services.
Mayor Backus welcomed Auburn's newest police officer, Joshua Kwake.
Mayor Backus spoke regarding the International Association of Fire Fighters
Local 1352 toy giveaway that provided toys to 1,500 children during this
holiday season.
Mayor Backus thanked John Theisen and Orion Industries for providing over
100 turkeys for the Gildo Rey Elementary School holiday giving program.
XIII. EXECUTIVE SESSION
At 8:02 p.m., Mayor Backus recessed the meeting to executive session for ten
minutes in order to discuss pending or potential litigation pursuant to RCW
42.30.110(1)(i) and indicated action may follow the executive session. City
Attorney Heid attended the executive session.
Mayor Backus reconvened the meeting at 8:12 p.m.
Deputy Mayor Wales moved and Councilmember Holman seconded, pursuant to
the Mayor's recommendation, Finance Department employees be included in
representation by counsel, Stradling, Yocca, Carlson and Rauth in the investigation
of bond issues by the Securities and Exchange Commission.
MOTION CARRIED UNANIMOUSLY. 7-0
XIV. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
8:13 p.m.
APPROVED this 3rd day of January, 2017.
_______________________________ ____________________________
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
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CA.A Page 11 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
December 27, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
2016 claims voucher numbers 441961 through 441965 and voucher numbers 441968
through 442161 in the amount of $1,825,221.60 and four wire transfers in the amount
of $399,594.72 and dated January 3, 2017.
2017 claims voucher numbers 441966 through 441967 and voucher numbers 442162
through 442173 in the amount of $109,171.66 and one wire transfer in the amount of
$440,807.04 and dated January 3, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:January 3, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 12 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
December 27, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 536999 through 537026 in the amount of $747,604.90
and electronic deposit transmissions in the amount of $1,397,459.98 for a grand total
of $2,145,064.88 for the period covering December 15, 2016 to December 28, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:January 3, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 13 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5266
Date:
December 27, 2016
Department:
CD & PW
Attachments:
Resolution No. 5266
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5266.
Background Summary:
Resolution No. 5266 authorizes the Mayor to accept the Washington State
Transportation Improvement Board (TIB) grant of $400,000.00 for the Auburn Way
South (SR-164) Sidewalk Improvements project (Project) and authorizes the Mayor to
execute any necessary agreements required by TIB for the Project, expending up to
the total amount of the grant of $400,000.00. The Auburn Way South (SR-164)
Sidewalk Improvements project, consists of constructing a sidewalk on the north side
of Auburn Way South from approximately 17th St SE to Muckleshoot Plaza,
completing the gap that currently exists through this stretch of corridor.
The TIB grant requires the City to contribute any project funds needed in excess of the
$400,000.00 grant amount, or a minimum of 52% of the total project cost (whichever is
greater). The preliminary project cost is estimated to be $830,000.00. Therefore, the
current estimated required City match amount is $430,000.00. This project is currently
listed in the Capital Facilities Plan for 2018 and 2019 and partially included in the 2018
approved budget. The grant requires that the design work begin in 2017 therefore,
the grant revenue funds and required City matching funds for design will be included
in a future budget amendment request in 2017 to move this project forward.
It is anticipated that this project will go to construction in 2018.
Matching funds for this project are available from the 102 Arterial Street Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 14 of 44
Meeting Date:January 3, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 15 of 44
RESOLUTION NO. 5 2.6 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHOf21ZING THE MAYOR
TO ACCEPT A GRANT FROM THE WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD FOR
CONSTRUCTION OF THE AUBURN WAY SOUTH (SR-
164) SIDEWALK IMPROVEMENTS PROJECT
WHEREAS, the City desires to improve the safety and efficiency of Auburn Way
South; and
WHEREAS, the need for sidewalk improvements on Auburn Way South is
recognized in Auburn's adopted Transportation Improvement Program; and
WHEREAS, adding sidewalks on the north side of Auburn Way South from 17th St
SE to Muckleshoot Plaza will improve the safety and efficiency of Auburn Way South;
and
WHEREAS, the City received a grant in the amount of $400,000.00 from the
Washington State Transportation Improvement Board (TIB) to assist in the design and
construction of the Auburn Way Sou4h (SR-164) Sidewalk Improvements project
Project); and
WHEREAS, the TIB grant requires the City to contribute any project funds needed
in exce.ss of the $400,000.00 grant amount; or a minimum of 52% of the total project
costs, whicheVer is greater; and
WHEREAS, the required City matching funds and grant revenue funds w'ill be
included in a budget amendment requeSt since the Project is currently not listed in the
approved 2017 City budget; and
Resolution No 5266
December 27, 2016
Page 1 of 3RES.A Page 16 of 44
WHEREAS, the matching funds are available within the 102 Arterial Street fund;
and
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to fhe transportation system.
NOW, THEREFORE, THE CITY COUNGIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as foilows:
Section 1. That the Mayor is hereby authorized to accept the grant for
400,000.00 for the Auburn Way South (SR-164) Sidewalk Improvements project. In
addition, the Mayor is hereby authorized to execute any necessary agreements required
by the Washington State Transportation ImproJement Board for the Project, and to
eicpend up to fhe total amount of the grant of$400,000.00 in accordance with the City's
budget and the grant agreement.
Section 2. That the Mayor is authorized to implement such ofher administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
ATTEST:
Nancy Backus, Mayor
Danielle E. Daskam, City Clerk
Resolution No. 5266
December 27, 2016
Page 2 of 3RES.A Page 17 of 44
APPROVED S TO FORM•
Daniel B. Hei , ity Attomey
Resolution No. 5266
December27, 2016
Page 3 of 3RES.A Page 18 of 44
RES.A Page 19 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5267
Date:
December 27, 2016
Department:
Human Resources
Attachments:
Resolution No. 5267 with agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5267.
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:Roscoe
Meeting Date:January 3, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 20 of 44
RESOLUTION NO. 5 2 6 7
A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A SECOND ADDENDUM TO THE PUBLIC
DEFENSE SERVICES CONTRACT BETWEEN CAYCE &
GROVE AND THE CITY OF AUBURN, PROVIDING FOR
AN EXTENSION THEREOF FOR ONE ADDITIONAL YEAR
WHEREA$, the City of Aubum and Cayce & Grove entered into a contract for
public defenderservices with the term of said Ag eement expiring in early 2017; and
WHEREAS, in light of the thresholds for service set forth in sfate law and court
cases, it is also appropriate that compensation be proportionally increased to address
current work anii case loads; and
WHEREAS, in light of the ongoing need for fhe services provided thereby, it is
appropriate that the term the extended beyond its current expiration date; and
WHEREAS, the parties wish to extend the term of the agreement for an
additional year beyond the current termination date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Second Addendum to the
Agreement for Public Defender services between Casey 8 Grove and the City of
Aubum in conform_ity with the Addendum Number 2 appended hereto and Incorporated
herein by 4his reference.
Section 2. The Mayor is 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.
SIGNED and DATED this day of 2016
CITY OF AUBURN
Nancy Backus, Mayor
Resoliation No 5267
December 19, 2016
Page 1RES.B Page 21 of 44
ATTEST:
Danielle E. Daskam, City Clerk
APPR ED A TO FORM:
niel . Heid, '_ Attorney
Resolution No. 5267
December 19, 2016
Page 2RES.B Page 22 of 44
ADDENDUM NO. 2
PUBLIC DEFENSE SERVICES CONTRACT
BETWEEN CAYCE & GROVE AND THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this_day ofJanuary,2017,by and between
The Law Off ces of Cayce&Grove,(hereinafter referred to as "the PUBLIC DEFENDER")and the
CITY OF AUBURN,a municipal corporation of the State ofWashington(hereinafter referred to as
the "CITY"), as an addendum to the Agreetnent between the parties for PUBLIC DEFENSE
SERYICES executed on the 3' day of June, 2013.
WHEREAS, the CITY, desires to continue to receive public defense services from the
PUBLIC DEFENDER as s.et forth in that written Ageeinent entitled PUBLICDEFENSE SERVICES
CONTRACT CI7Y OF AUBURN WASHINGTON eqtered into on June, 3, 2013.
WHEREAS,the PUBLIC DEFENDER desires to continue to provide public defense s.ervices
to the CITY,
WHEREAS,both parties agree to amend Section IV.of the PUBLIC DEFENSE SERVICES
CONTRACT CI7Y OF AUBURIV WASHIIVGTON to pay up to Five Hundred and Fifty Thousand
Dollazs($550,000.00)annually for the first two thousand and one hundred(2100)cases and agrees
to pay Two Hundred and Twenty Dollazs($220.00)per case for any case that exceeds the first two
thousanil one hundred (2100), and
WHEREAS, both parties desire to further amend Section V. of the PUBLIC DEFENSE
SERVICES CONTRACT CITY OFAUBURN WASHINGTON to extend the term of the Agreement
for an additional year effective Jarivary 1, 2017, and
NOW THEREFORE in consideration of their mutual covenants,condifions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1. Compensation to the PUBLIC DEFENDER for public defense services beginning
January 1; 2017 through December 31; 2017 shall be paid at the rate of paid at the rate of
Forty Five Thousand Eight Hundred and Thirty Three Dollazs and thirty Three Cents
45,833,-33) per month and includes all appointed cases up to two thousand one hundred
2100) and tHe attendance at arraignments as courtesy counsei, and first appearance jail
calendai.The City will be billed Two Hundred and Twenty Dollars($220.00)per case for any
appointed case above the first two thousand one Hundred (2100) appoirited cases. In
addition, the CITY will pay for transcrip.tion costs required for the appeal, regardless of
which party files the appeal.
All videotapes,CDs;audiotapes,video disks;photocopies,color copies ofimages,or
other media associated with diseovery shall be provided by the CITY at no cost to the
PUBLIC DEFENDER.
The PUBLIC DEFENDER will submit an invoice no later than the 4th day of each
Page 1
RES.B Page 23 of 44
month. Pursuant to regulaz CITY policy regarding payment for services rendered,the CITY
shall make payment to the PUBLIC DEFENDER on the first day following the first CITY
Council meeting following the rimely submittal of the PUBLIC DEFENDER report and
invoice.
The PUBLIC DEFENDER agrees and understands that he/she is an independent
contractor and not the agent or employee of the CITY. The manner and means of providing
the professional services herein aze under the sole control of the PUBLIC DEFENDER. The
PUBLIC DEFENDER shal] be solely responsible for reporting his/her hours, earnings,
income taac, and social security to the applicable federal and state agencies. The PUBLIC
DEFENDER understands that he/she is not entitled to any of the benefits provided by an
employer to employees including,but not limited to,paid leave,health insurance coverage,
retireinent programs, and/or unemployment insurance..
2. Section V. of the Public Defense Services Contract entered into June 3,2013 is
ainended to read as follows:
This Agreement shall remain in full force and effect from January l, 2017,through December 31,
2017. This Agreement may be annually extended or renewed under tHe terms of thisAgreement,or
as modified by a written addendum to the Agreement ofboth p.arties,at the conclusion ofthe tetm of
this Agreement. Such Agreement shall be in writing, upon Agreement of both Parties.
ITEM FOUR REMAINING TERMS LJNCHANGED: That all other provisions of the
Agreement between the parties for Public Defender Services executed on the 3`day of June 2013,
shall remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and yeaz first above written.
LAW OFFICES OF CAYCE & GROVE CITY OF AUBURN
By: By:
Its: Nancy Backus, Mayor
Attest: Attest:
By: By:
Its: Danielle E. Daskam. City Clerk
Ap oved as to form: Approved as to
ttomey ayce ova '.
p
D ' B. Heid, City Attorney
GI P' .,°-'`-- Page 2
RES.B Page 24 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5269
Date:
December 29, 2016
Department:
Human Resources
Attachments:
Resolution No. 5269
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5269.
Background Summary:
The City has recently reduced the number of deferred compensation providers to two
plan providers to more reasonably manage administrative responsibilities and
minimize costs to employees. After an extensive request for proposal process, ICMA
Retirement Corporation was chosen as one of the two deferred compensation plan
providers. (The other provider is the Washington State Deferred Comp Plan.)
Resolution No. 5269 approves the Administrative Services Agreement between the
City and ICMA Retirement Corporation.
Reviewed by Council Committees:
Councilmember: Staff:Roscoe
Meeting Date:January 3, 2017 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 25 of 44
RESOLUTION N0. 5.2 6 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND AUTHORIZING
THE ADMINISTRATIVE SERVICES AGREEMENT BETWEEN
THE CITY OF AUBURN AND ICMA RETIREMENT
CORPORATION
WHEREAS, the City of Auburn currently has in place an employee deferred
compensation plan which allows employees to voluntarily set aside and invest a portion
of 4heir income to supplement th.eir retirement income; and
WHE.REAS, under the current program, a number of different deferred
compensa4ion plans are available to City employees; and
WHEREAS, because of the current mul4iple deferred compensation plan
providers, the Gity's responsibility to manage and administer the deferred compensation
services is compounded and overly burdensome; and
WHEREAS, in order to more reasonably manage deferred compensation
administrative responsibilities, the City sought to seek, in addition to fhe state deferred
comp.ensation program, a single deferred compensation program provider, wifh the
intention of making sure that the City's administrative duties are more reasonably
managed and 4he costs to fhe employees are minimized; and
WHEREAS, in order to accomplish this goal, the City requested proposals from a
variety of potentia) service providers of deferred compensation programs, and, based
upon a comparison of the proposals submitted, has selected ICMA Retirement.
Corporation (ICMA-RC) as its service provider, whereby ICMA would act as an
investment advisor for Vantage Trust Company (which offers a series of separate funds
for investment in deferred compensation plans), for costs and under circumstances
advantageous to the City and to participating employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No: 5269
December 29, 2016
Page 1
RES.C Page 26 of 44
Secfion 1. The Mayor is hereby authorized to execute an Administrative Services
Agreement befinreen the City of Auburn and ICMA-RC, in subStantial conformity with the
Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this
reference
Section 2. The Mayor is hereby authorized to implement such administrative
procedures and execute such otherdo.cuments a.nd agreements as may be necessary
to carry out the directives of this legisla4ion.
Section 3. This Resolution shall be in full force and effect upon passage and
signature hereon.
SIGNED and DATED this day of 2017
CITY OF AUBURN
Nancy Backus, Mayor
ATTEST:
Danielle E. Daskam, City Clerk
APPROVE T FORM:
rnel B. Heid, City Attomey
Resolution No. 5269
December 29, 2016
Page 2
RES.C Page 27 of 44
EXHIBIT "A" TO RESOLUTI N NO. 5269
ADMINISTRATIVE SERVICES AGREEMENT
Between
ICMA Retirement Corporation
and
City of Aubum
Type: 457
Acconnt#:302102
RES.C Page 28 of 44
Plan number 3021:02
ADMINISTRATIVE SERVICES AGREEMENT
This Administrative Seraices Agreement("Agreemenf'),made as of the day
of 2016 between the InternaUonal City Management AssociarionRetitement
Corporarion ("ICMA-RC',a nonprofit,corporadon organized and existing unde;the
laws of the State ofDelaware,and the City of Auburn("Empioyer"), a City organized'
II
and axisting under the laws of the 5tate oS'WasHington with an of£ice at 25 West Main
Street,Aubdrn,Washingtgn 48001,acting through and by itsCommittee as identified in
Resolnrion 4775 and as established by OrdinanceNo.3644 of the Cify of Auburn,
wllecriyely reFerred to as the"Parties".
WHEREAS,the Employer has in place a deferred compensarionplan{"Plan").
wlueh allows employees to vqliintarily set aside and invest portions of their current
income on an after-tax or pre-tax basis W meet their future financial.iequirements and
supplement their retirement income;and.i
i
VVHEREAS,jhe Committee having sought Request For Proposals ("RFP")for I
fulLadministration of the city's deferred compensation services,investment management,
recordkeeping/administration, comraunicatian/education and custodiaUtnistee services
hereinaites collecrively referred ta as``Plan Services"):and;
WHEREAS,VantageTrust is a group trust established and maintained in
accordanee,wi2h New Hampsliire Revised Statutes Annotated secrion 391;1 and Internal
Reyenue Service Revenue RuIing 81-100, 198L-1 C:B.326;w[uch provides for ihe
commiugled inveshrient of ietirgment funds held by vazious state andlocal governmental
units for their employees;and
WHEREAS,ICMA-RC acts as invesune.nt adviser to VantageTnist Company,
LLC,the Trustee of VantageTrust;
WHEREAS;ICMA-RC has designed,and VantageTnist offers,a series of
separate funds(the"Funds'for the imestment of plan assets as referenced in
VantageTrust;s principal disclosure document,"Making Sound Investment Decisions: A
Rerirement Investment Guide"and the accompanying VantageTrust FiuidFees and
Facpenses documept ( Retitement Investment Guide'. The VT PLUS Fund is ode sucli
VantageTtust Funcl;
WHEREAS,the Funds inclucling the YT PLU3 Fund,are auailable only to public
employers and only through VantageTrust ancl ICIvIA-RC;
WHEREAS,inaddiuon to serving-as inveshnent adviser to VantageTrust,ICMA-
RC provides a range of services to publiaemployers for the operation of employee
retirement plans including, but not lizaited ro,commiuiications conceming investmem
2
I
IRES.C Page 29 of 44
Plan number 302102
alternatives, gcconnt maintenance, account recordkeeping, investment and tax reporting,
transaction processing,benefit disb.ursement,and asset management;
WHEREAS,after thorongh;eview of the responses to the RFP,the Employer
accepts ICMA-RC's Proposal and awazds to ICMA-RC the contract fo perform the Plan
Seryices;
NOW THEREFORE,in consideration of the premises sef forth herein, and tlie
promises contained hereinafter,tlie parties ag;ee as follows: i
AGREEMENTS
1. AppointmenrofICMA-RG
Employer beteby appoints ICMA-RG as Administratorof the Plan to peiform all
nondiscretionary functions necessary foi the adminisqation of the Plan. The functions to
be performed by IGMA-RC shall be those se4 forth herein and as identified in Fachibit A
to this Agreement.
2. Adootion of VantaeeTrusYfor Investmenu in the VT PLUS Fund
The Employer shall adopt the Declaration:of Tnut of VentageTnist Company and agrees
ro t6e com ningled investmenYof asse[s of the Plan widvn VantageTrust. Employer
agees that the investment;.management,and distribution of amounu deposited in
VantageTrust s6all be subject to the Decluation of Trust;as it may be amende.d from
time to time and shall also be subject to terms and conditions set forth in disclosure
documents(such as the Rerirement InvesUment Guide or Employer Bulletins)as those
terms and conditions may be adjusted from time to dme:
3. EmploverDuty to Fumish Information
Employer agrees to fi rnish to ICMA-RC on a umely basis sucb inforniation as is
necessary foi ICMA-RC to carry out its responsibilities as Adminisua4or of the Plan,
including informauon needed to allocate individual participant accounts to Funds in
VantageTrust, and information as to the employment status of participants, and
participant ages,addresses, and othet identifyiag infortnarion(including ta c identification
numben). Employer also agrees that it will notify ICMA-RC in a timely mu}ner
regar.ding changes in.staff as it relates to various roles. This is to be completed tluough
the online EZLink employer contact optioas. ICMA-RC shall be entided to rely upon the
accuracy of any informarion that is furnished to it by a responsible official of the
Employei or any information relating to an individual participant or beneficiary that is
furnished by such participant or beneficiary,.and ICIv1A-RC shall not be responsible for
anyenor arising from its reliance on such infonnation:ICMA-RC will provide reporfs,
statements and account information to tlie Employer througti EZLink,the online plan
adminisuative tool.
3
RES.C Page 30 of 44
Plan number 302102
Employer is required fo send in contriburions tlirough EZLink, the online plan
administration tool provided by ICMA=RC. Alternative electronic methods may be
allowed, but inust be approved by iCMA-RC for use. Conaibutions maynot be sent
tluough paper submittal documents.
To the extent Employei selects tturd-party funds tliat do not haye fund profile
information provided to ICMA-RG through our electronic data feeds from eztemal
sources(such as Moiningstar)or third party fund providers, the Employer is responsible
for providing to ICMA-RC timely fund investment updates for d sclosure to Plan
particip"ants. Snch updates may be provided to ICMA-RC tlirough the Employer's
investment consultant or otlter designated representati4e.
Failure to provide;timely fund profile update info;mation, including the source of the
informxtion,may result in a lack of fwid information for participants, as ICMA-RC wili.
remove outdated fiind piofile informatiogfrom the systems that'provide fimd information
to Plan participants.
4. Certain Reoresentatibns and Warranties
ICMA-RC repiesents and wairantsto Employer that:
a) ICMA-RC is a non-profrt corporation with full power and authoriry to
enter into tlris Agreeriient and tq perform iu obligaaons under tliis
Agrgement The ability of ICMA-RC to serve as investment adviser to
VantageTri st is depgndent upon the continued willingness of
VantageTnut for ICMA-RC to serve in that capacity.
b) ICMA-RC is an irivestuient adyiser Yegistered as snch with the U:S.
Securities and Exchange Commission uader the Investinent Advisers Act
of 194Q as aznended.
c) ICMA-RC shall maintain and administer the Plan in accordance with tHe
requirements for eligible defeiced compensation plans m der Section 457
of t6e Intemal Revenue Code and,other applicable federal law;provided,
however,that ICMA-RC shall not be responsible for the eligible.status of
the Plan in flie event that the Employer diTeets ICMA-RC to administer the
Plan ot disbur§e asseu in a manner inconsistent with the requiremenfs of
Section 457 oi otherivise causes the Plan notto be carried out in
accordance with ifs terms. Further,in the event that tlie Employa'uses its
own customized plan document,ICMA-RC shall not be.respoasible for
the eligible status of the Plan fo the extent affected by terms in the
Employer's plan document that differ from those in ICMA-RC's standard
plan document. ICMA-RC sha(1 not be responsible for monitoring state or
loca!law or foradministering tlie Plan in compliance with local or state
requiremenu uniess Employei notifies IGMA-RC of any such local or
state requirements.
4
RES.C Page 31 of 44
Plan number 302102
Employer represents and wanents to ICMA-RC that:
d) Employer is organized in the form and x anner recited in the opening
paragrapl of this Agreement with fiill power and authority to enter into
and perform its obligatioivs iiuiler this Agreement and to act for the Plan
and participants in tlie manner contemplated in this Agreement. Exacation,
deGvery, and performance of this Agrgement will not conflict with any
law,rule,regulation or contract by which the Employer is bound or to
which it is a party.
e) Employer understands and agrees that ICMA-RC's sole funcUon under
this Agreement is to act as tecordkeeper and to provide administrative,
investment or other services a4 the direction of Plan particip'tuits,the
Employer,its agents or designees in accordance with the tenns of this
Agreement. Under the terms bf this Agreement,ICMA-RC does not
render investment advice af the Plan level,is not the Plan Administrator or
Plan Sponsor as those isrms are defined under applicable federal;state,or
local law,and does not provide legal,tsx or abcounting advice with
respect to the crearion,adoption or operation of the Pian and its relsted
trust.ICMA-RC does not peiform any service under khis Agreement that
might cxuse ICMA-RC to be treated as a"fiduciary"of the Plan dnder
applicable law,except,and only,to the extent that ICMA-RC provides
investment advisory servicas to individual participeiits enrollsd in Guided
Patliways.
fl Employer sffirms that iti intends to retain Mesirow Financial IrivesUnent
Mauagement.("Mesirow'to provida fidnciary services to the Plan.
g) Employer acknowledges and agrees that ICMA-RC does not assume any
responsibility with respect to the selection or ratentio.n of the Plan's
investment options. Employer shall have exclusive responsibility for the
Plan's investment options,inclucling the selection of the applicable mutual
fund share class.
h) Employer acknowledges that certain such seryices to be performed by
ICMA-RC under this Agreement may be perforined by an affiliate or
agent of ICIVIA-RC pwsuant'to one or more other contractual
arrangements or relationships,and that ICMA-RC reserves the right to
chmige vendors with which it has contracted to provide services in
connection with this Agreement without prior notice to Employer.
i) Fanployer acknowle.dges that it has received ICMA-RC's Fee Disclosure
Statement,prepazed in substantial conformance with ERISA regulaGons
regazdirig the disclosure of fees to plan sponsors.
5
RES.C Page 32 of 44
Plan number 302102
j) Employer approves the iue of its Plan in ICMA-RC extemal media,
publications and materials. Examples include prbss releases
announcements and inclusion of the general plan information in request
for proposal rasponsas.
5. Particination in Certain Proceedinas
The Employer he.reby suthorizes ICMA-RC to act as agent;to appear on its behalf,and to
I
join the Employer as a necessary pazty in all lega]proceedings involving the garnishment
of benafits or the transfer of benefits pursuant to die divorce or sepazation of partioipants
in the Plan.Unless Employer notifies ICM. A-RC otherwise,Employer consents to the
disbursament by ICMA-RC of benefits that have been gaznished or transferred to a
former spouse,current spouse,or child pursuant to a domestic relations order or child
support order.
6. Compensation and Pavment
a) ParNcipant Fees.Plan participant accouhts shall be assessed an asset-
based fee to cover the cosis of record-keeping and other services provided
by ICMA-RC,and ot6er costs associated with the Plans as directed by the
Employer. 1'he Employer s6ap work wit6 ICMA-RC to determine the
appropriate amount of the gross Asset-based fee to be charged to
participant accounts,wluch may be inereased or decreesed from time to
time at the direction of the Employer. As of the signing of this agreement
die participant fee shall ba 0.175%
b) Revenue Requirement. ICMA-RG shall receive total annual aggregate
recordkeeping revenue of 0.155%(15.5 basis points o"bps'of Plan
assets under ICMA-RC's administration for providing recordkeeping and
other services to the Plans. Should the P(an retain Mesirow to provide
fiduciary services,ICMA-RC shall receive total annual aggregate
reco dkeeping reve.nue of 0.175%(17:5 basis points or``bps")of Plan
assets under ICMA-IiC's administration for providing recordkeeping and
other services to the Plans. Oae(1)bps is equal to 0.01%of all Plan
assets. Such revenue shall be deducted by ICMA-RC from amounts
collected through the application of the asset-based fee described in
Secrion 6(a)prior to allocation of any participan4 level asset-based fees to
the Administrative Allowance Account descri'bed in Section 6(d)below.
c) Compensa.don for Management Services to VantageTrust and
Payments from Third-Pa'rty M"utnal Funds. Employer acknowledges
that, in addirion to amounts payable under this Agreement,ICIvIA-RC
receives fees from VantageTrust for investment adyisory services and plan
and participant services furnished to VantsgeTrust. In addition,to the
extent that third party mntual funds are included in the investment line-up
for the Plan,ICMA-RC receives adminisuative feas from its third party
6
RES.C Page 33 of 44
Plan number 302102
mumal fund settlement and clearing agent for providing adniinistrative
and other services based on assets inyested in third party mutuaf f6nds;
such administrative fees come from payments made by thi d party mutual
funds to the settlement and cleariag agent.
d) Administrative Allowance Account. Amounts collected duough the
application of the asset-based fee described ln Section 6(a)above in
excess of the revenue specifiedinSection 6(b)slialLbe held in an i
Administrauve Allowance Account,maintained as a Plan asset byICMA-
RC. Each quartei ICMA-RC shail prodnce a report that shows;the
arnounts collected from participa u accounts:as asset-6ased fees;tlie I
inethodology used in the calcularion of the fees collected fiom parEccipant
accounts;the calculauon used fo detennine the aiiiounY of revenue
collected by ICMA-RC during theperiod prior to allocauon ofthe
remainingasset-6ased fees to theAdmiuistrative Allowanc.e Account; and
t&e amauntallocated to the Administrative Allowance Account.Employer
understands tha2 the Plan administratiye allowance is to be used only to
pay for reasonable glan adaninisuative expenses of the Plan or aliocated to
Plan participants,at.the instruction of the Employer.
e) Reyenue Received From Investment Options.Neithet ICMA-RC noi
the Eaiployer shall retain recordkeeping revenpe received directly from
investmenf options made available under the Elans. ICMA-RG s}tall b.e
compensated from fees:collected from participant accounts through the
application of the asset-based fee described in Section 6(a). In the event
that,any Plan investment options do generate direct recordkeeping re4enue
to IC1 IA-RC, ICMA-RC sha11 reduce the asset-based fee charged against
the assets invested in the investment option in question by the same i
amount,resulbng ia aa outcome that would be similar to the investment
option in question not payirig ariy recordkeeping revenue,after the
administration fee is assessed.
I
Redempflon Fees. Redemption£ees imposed by oufside mutual funds in
whichPlan as5ets aze invested aze collected and paid to the mutua fund by
ICMA-RC. ICMA-RC reriiiu l0U"7o ofredemption fees back to the
specific mutual fund#o whrch redemption fees apply. These redeniption
fees aud the individual mutual fund's policy with respect to redernption
fees aze specified in the prospectns for the individual mghial fand and
referenced in the Retiiement Inveshnent Guide.
g) Payment Procednres. Atl paynlenis to ICMA-RC pdisuapt to tl}is Section
b sliall be paid ont of Plan participant accounts pursuant to Sections 6(a)
and 6(b)above to the extent noz paidby the Employec tn the event that
the Employer agrees to pay amounts owed pursuant to this Section 6
directlp,any amounts unpaid and outstadding after 3Q days of invoice to
the Employer shall be wiYhdrawn from Plan asseu.
7
RES.C Page 34 of 44
Plan number 302102
The compensation and payment ser forth in this Section 6 are continggnt upon the
Employer's use of ICMA-RC's EZLink system for contribution processing and
submitting contrbution funds by AGH or wire transfer on a consistent basis over the
term of this Agreement.
The compensation and payment get forth in tlus Section 6 is further conting"ent upon
the uansfer of all assets of the Plan(s)Proin the prior recordkeeper(s)for the Plan(s)to i
ICMA-RC's administration in the approximate amount of$8.0 million, Thg transfer
of assets does not include any of the participant assets that are invested in the
Was6ington State Deferred Compensation Plan. Employer farther acknowledges and I
agrees that compensaUon and payment under this Agreement shall be snbjecf to r
negotiarion in the event that there is a material difference between the assets and/or
participan4s transferied to ICNIA-RC and the infonnation provided from the
Emplgqer in the Requesc for Proposal.
The compensation and payment in this Section 6 will take effect in the calendar
quarteily following receipt of all assets of the Plan's prior recordkeeper and the
receipt of one fully execnted copy of tlus Administrative Services AgrBement based
upon tlie following schedule:
Assets and Agreement received by Febniary 20—Effective April
e Assets and Agreement received by May 20—Effective July
Asseu and Agreement received by Augusf 20—Effective October
Assets.and Agreement received by December 20—Effective February
nntriliiition.Remittance
Employer understands that amounts invested through VantageTrust are to be remifted
directlyto VantageTrwst in accordance with instmcrions provided to Employet by ICMA-
RC and are aot to be remitted to ICMA-RC. In the event that any check or wire transfer is
iwcorrectly labeled or transfeged to ICMA-RC,ICMA-RC may retnrn it to Employer
wi;h proper instrucuons.
8. Indemnificatioa/Insurance
a) ICMA-RC covenants aad agrees to indemnify apd hold the Employer and
their employees,officials,represe arives,volunteers,and agents
haimless,from and against aqy and all costs,exgenses,attorney's fees,
losses,damages,and liabilities incurred or suffereddirectly orindirectly
from or attributable to any claim for'damagesarising out of or incident to
tlie performance o;nonperformance of the Agreement by ICMA-RC,or
the acts or omissions of t6e officers,agents,employees,contractors,
subcontractors,licensees orinvitees of ICMA-RC. ICMA-RC expressly
understands and agrees tliatany insurance protecfion required of ICMA-
RC, or otherwise provided by ICMA-RC,sliall in no way limit the
8
RES.C Page 35 of 44
Plannumber 302102
responsibility" to indemnify t6e Employer as fiereinaboveprovided.
ICMA-RC's obligation to iudemnify and hold hamiless Eiriployet's
employees or otherindividuals shall not apply to the extent the applicable
claims involve siich persons acting in tHe capacity as a holder of an
account administered by ICMA-RC.
Employer acknowledges that ICMA-RC is not responsible for investmerit
performance of any authorized investment options under the Plan, IGMA-
RC also shall not be respoeisible for any acts or omissions of anyp.erson
with respect to the Plan or its related trwst,other than ICMA-RC
including its employe.es,officers;representatire"s,and agents)in
connectixin with the administrauon of the Plan.
The Emplayer covenants and agrees fo indeninify and'hoid ICMA-RC and
its employees;of ceis,representajives, andagents harniless;from and
against any and all costs, ezp`8nses, attorney's fees,losses,damages,and
liabilities incurred or suffered d'uectly or indirectly from or aWibutable to
any claim for damages arising oLtt of or incidentto the performance or
nonperformance of We AgreemenYby the Employer;or the acts or
omissions of Che officers, agenu, officials and employees ofthe Employer.
b) IGMA-RC shall maintain at iu own expense witkout reimbursement from
or compensation 6y the Employei, diiring`the term of this Agreement,
insurance coverage which will satisfactorily insure against.claims and
liabilities which coutd azise in connecrion of tivs Agreement; All policies
required herein aze to be on a primary non-confributory basis with respect
to any insivance or.self insuraace programs carried oradministered by the
Employer eiccept for Professional Liability. Tlie instuance coverage
required is as follows:
A. Commercisl General Lia6ility Insurance:ICMA-RC is reqttiied to
provide Commercial General Liability(CGL) insurance on an
occurrence form with 1'unitis not less than$10,000,000 Combined ISingleLimitperOccunenceand$10,00Q000 in the Aggregate not
excluding premise operapons,independent contractors;products
and completed operatioris.
B. Errors and Omissioi s/Professional Liabilirya $d,000,000
combined single limit per occurrence,untess inclu8ed in
subsection A: The general aggregate limit shall be$1,000,000.
The irisuiance shall be maintaiued in efFect duiing the te;m of the
confract. If the insurance is written,on a claims-made form,
ICMA-RC shall provide insurance for a geriod of two years after
final payineat of this Agreement. The policy(s)sliall evidence a
retroacrive dafe,no latei tlian She figginning of this Agreement.
C. Fidelity Bond: ICIvIA-RC agrees to.maintain a fidelity bond of not
9
RES.C Page 36 of 44
Plan number 302102
less than$10,000,000 per single incident protecting against ICMA-
RC employee dishonesty and embezzlement.
D. Commercial generaUantomobile liability insurance shall not be less
than$1,000,000 combined single limit bodily injury and property
damage per occ6rrence.
I
E. Worker's compensation and employer's liability insurance shall be
provided for all eriiployees who work in Washington,per
Washington State Statutes, and who are performing work under
this Ag`eement.
F. Certificate(s)of insurance as described in this secrion shall be
provided by ICMA-RC or their insurance companies or their
agents. Tlie City shall be named as sn additional insured on the
policies specified in paragraph A for the work specified in this
Agreemen Certificates of insuranca,acceptable in form and
cantent,will be delivered to:
City of Auburn
Human Itesources and Risk Management Degaztment
25 West Main St
Auburn,WA 98001
G. There shall be no cancellation or material change of the insurance
covarage,or intent not to renew the insurance coverage as
specified in tlus Agreement,without ten.(10)days prior writ n
notice to the Employer in the case of non-payment of premium or
thirty(30)days prior writtea notice to the Employer for all other
changes or cancellation reasons. Notice of cancellation,material
change in coverage,or intent not to renew will be delivered w the
address designated in paragraph F of tlris section. Cancellation or
material chsnge iu is§nance coyerage without written authorization
by the City is a material breach of this AgrBement,and subjects
this Agreement to termination for cause.
H. Upon renewal or change in policies during this Agieement,
certificates of insursnce-shall be delivered to the address
designated in paragraph F of tliis section.
9. Term
This Agreement shall be in effect and commence on the date all parties have signed and
executed this Agreement("Inception Date'. The term of this Agreement will commence
on the Inception Date and extsnd five years from the dat8 oF completion and
reconciliation of the transidon of assets of the Plan from the prior record keeper to
10
RES.C Page 37 of 44
Plan number 302102
ICMA-RC. This Agreement will be renewed sutomatically for eac.h succeeding year
unless wriften nodce oftermination is provided by either party to the odier no less thiin
60 days before the end of such Agreemeat yeaz. The Employer understands and
acknowledges that, in the event the Employer terminates tl is Agreement(or replaces the
VT PLUS Fund as an investment option in its investment line-up), ICMA-RC retains full i
discretion to release Plan assets invasted in the VT PLUS Fund in an orderiy manner over
a period of up to 12 months from the date ICMA-RC receives written notification from
the Employer that it has made a final and binding selection of a replacement for ICMA-
RC as administrator of the Plan (or a replacement investment option fo.r the VT PLUS
Fund).
10. Amendments and Adjusfinents
a) This Agreement may be amended by written instrument signed by
Employer and ICMA-RC.
b)ICMA-RC msy modify this agreement by providing 60 days' advance written
notice to the Employer prior to tlie effectiye date of such propos
modification. Such modificarion shall become effective unless,within
the 60-day no6ce period,the Employer notif'ies ICMA-RC in writing tliat
it objects to such modificarion. The foregoing permission to modify shall
not apply to(a)the general scope of services,(b)the compen"satidn terms,
c)the duration of the Agreement,or(d)the insurance or indemnification
provisions
c) The parties agree that enhancements may be made to administrative and
operations sesvices under.this Agreement. The Employer will be notified
of enhancements through the Employer Bullepn,quarterly statements,
electronic messages or special mailings.Likewise,if there ere any
reductions in feas,these will tie announced through the Employer Bulletin,
quarterly statement,electronic messages or speaial mailing.
11. Notices
All notices required to be delivered under this Agreement shall be in writing and shall lie
delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below
or to such other address or to tlie attsntion of such other persoas as sucli party may
hereaRer specify by notice to the other parry.
ICMA-RC: Legal Department; ICMA Retirement Corporation, 777
North Capitol Strcet,N.E., Suite 600,Washington,D.C:,20002-4240
Facsimile; (202)962-4601
Employer: at the office set forth in the first pazagraph hereof, or to any
othar address, facsimile numbar or a-mail address dasignated by the
Employer to receive the same bywcitten notice similazly given.
11
RES.C Page 38 of 44
Plan number 302102
Eacli such nodce, request or other communication shall be effective: (i) if given by
facsiniile, when uensmitted to tha applicable facsimile number and there is appropriate
confirmation of receipt; (ii) if given by mail or e-mail, upon trsnsmission to the
designated addmss wit6 no indication that such address is invalid or inconect; or (iii) if
given by any other means,when actuelly delivered atthe aforesaid address.
12. Cmm lete Aereement
This Agreement shall consritute the complete and full imderstanding and sole agreement
between ICMA-RC and Employer relating to the object of tlus Ag cement and conectly
sets forth the coIIiplete rights,duties and obligations of each parry to the other as of iu
date.This Agreemant supecsedes all wcittefrand oral agreements,communications or
negoriations among the parties. Any prior agreements,promises,nego.tiations or
representations,verbal or otherwise,not expr@ssly set forth in this Agreement Are of no
force and effect.
13. Titles
The headings of Sections of this Agreement and the headings for each of the attached
schedules tu'e for convenience only and do not deSne or limit the contents thereof.
14. ,ncorooration of Schedules
All Schedules(and any subsaquent amendments thereto),attached hereto,and referenced
herein,are hereby incorporated within tiils Agreement as if set forth fully herein.
I5. Governin Law
This Agraement shall be governed by and conslrued in accordance with tlie laws of the
Slste of Washmgtoq applicable to contracts aiade in that jurisdiction without reference to
its conflicts of Iaws provisio.ns.
16. gg
Naither ICMA-RC nor its counsel can provide the Employer or the Committee with legal
or ta c advice. Subject to the foregoing ICMA-RC will:
a) To the extent the Employer adopts the ICMA-RC model 457 deferred
compensation plan document,provide appropriate personnel,to assist the
Committee in: (i)maintaining tlie Plan;(ii)updating the Plan doaiinient,
including smendments there4o,and any attendant agreements;and(iii)
securing all rflquired approvals of the Plan from federal government
agencies,if applicable.
b) Act as a resource for quesdons regar8ing Plan design,regulatory and other
ongoiag issues.
12
RES.C Page 39 of 44
Plan number 302102
c) Keep the Committee/Employer informed on changes forthcoming in
legislation affecting or Felating to the Plan and any other matter which
could materially impact on the Plan.
d) Prepare and file any requiied IRS docuinentation with respect fo
disbwsemenu from the Plan, inclnding forms 1099-R.
l7. Standard ofPerformance
i
ICMA-RC will serve the Employer and thePlan as a noadiscietiouary provider of
6undled adininistrative and record keeping services and will not be exercising any
discretionary control or authoriry ovet the Plan or Plan assets. ICMA-RC holds itself out
as possessing greater knowledge and skill tYfan the average person with respect to Plan
Services and shall perforni all Plan Seryices for the Employeras professionals in defined
contribution/deferred compensation administration and recordkaeping. As a
nondiscredonary provider, ICMA-RC is not a plan fidiuiary,but will adhere to the
pmdent man standard of caze and will follow industiry standazds and exercise proper due
diligence in perfomung Plan Services:
ICMA-RC must assure.that all Pian Setvices that require the exercise ofprofessional
skills or judgment are accomplished.by professionals qualified and competent in the
applicable discipliae and appropriately liceused, ifreqnued by law. IGivIA-RC will
piovide c.opies o.£any such licensesupon request. ICMA=RC remains responsible for the
professional and technical accuracy of alTPlan Services orDeliverables fumished;
whetherby ICMA-RC or others on itsbehalf. All Deliverables must be prepared in a
Form and content sarisfactory to the Employer and delivered'in a timely manner
consistent with the requirements of this Agreement.
If ICMA-RC failsxo.complg with the foregoing sfandazds,ICMA-RC mustperform
again,:at its ov+n expense,all Plan Services required to be re-performedas a direct or
ind'uect result of that failure. Any raview, apptoVal,acceptances or payment for anyof
the Plan Services by theEmployer does not relieve ICMA-RC of its responsibiliry for the
professioiial skill and care and technical accuiacy of its Plan Services and Deliverables.
This provision in no way limiu the Employer's rights agairist ICMA-RC either under t6is
Agreement,at law or in equiry.
aj Personnel
1. Adequate Staffing
CMA-RC must,upon receiving a fully executed copy of tliis
Agieement,assign and maintain during the term of this,Agreement
and any extension of it an adequate staff of competent p.ersonnel
that is fully equipped,licepsed as appropriate,available as needed,
qualified and assigaed to perform tHe Plan Services. ICMA-RC
must include amang its staff the Key Personnel and positions as
identified below.Any revisions to staffing will uot£all below
minimum required levels as outlined in the Agreement unless prior
13
RES.C Page 40 of 44
Plan number 302102
approval is granfed by the Erriployer. If the Employ8r fails to
object to the revision within thirty(30)days attar receiving the
notice,then the revision will be c.onsidered acceptsd by the
Employer.
2. Key Personnel
ICMA-RC will not reassign or replace Key Personnel without the
prior consultation witli the Eriiployer. "Key Personnel"means
those job titles and the persons assigned to those positions in
accorilance with the provision"s of this Section 17(a). The
Employer may at any time in writing notify ICMA-RC that the
Employer will no longer accept performance of Services under this
Agteement by one or more Key Personnel listed. Upon that notice
ICMA-RG will immediately suspend the services of the key person
or persons and will consult with the Employer with regard to
appropriate remedies.
b). Document Disaster Recovery Plan/Data Processing Center
ICMA-RC shall maintain the security and availability of all client data.
ICMA-RC's will maintain a contracted data storage and disaster recovery
facility certified to federal(National Archives and Records Administration
and Depazkment of Defense)standards for physical security and be up ro
the most stringent indpstry standard for infrastracture resiliency. ICMA-
RC's recovery network shali be engineered to eliminate single points of
failure and sssure continuous,robust connectivity for participant access at
all times.
c). Loss of Power/Nahual Disaster
ICMA-RC will maintain sufficient resowces to power ICMA-RC's
building in the e4ent of an intsrtuption of electrical-utility service.
IC1vtA-RCs disaster recovery plan is designed to ensure the reconstruction
of pazticipant records and the uninterrupted flow of reports and
information to the Employer, Committee,Participants,and investment
providers in the event thai p;imary electronic data processing records are
lost or damaged. To the extent feasible,records will be restored within 48
hours of a disaster.
14
RES.C Page 41 of 44
Plan number 302102.
In Wiwess Whereof, the parties hgreto certify that they have read and understand this
Agreement and all Schedules attached heretb and fiave caused this Agreement to be
execnted by tlieir duly authorized officers as of the Inception Date fust above written.
CITY OF AUBURN
By i
Signatiure/Date
BY I
Name andTitle(Please Print) I,
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIltEMINT CORPORA'I'ION
By
Erica McFarquhaz
Assistant Se.cretary
Plea§e reWm an executed coov ot the Aqreement eitl er.
a)Eleptronically to PlanAdooNonServices(icmarc.ora,or
b)Jnpeperfarmto ICMA-RG
ATTN:PLRN ADOPTION SERVICES
777 Nodh Cepitol SGeet NE
Suite 600
Weshington DC 20002,4240
15
RES.C Page 42 of 44
Plan number 302102
EaLibit A
Administrative Services
The administrative services to be performed by ICMA-RC under this Ageement shali be i
as follows: j
i
a) Participam enrollment saivices,including providing a welcome package and
enrotlment kit containing instructions and notices necessary to implement
the Plan's administration. Employees will enroll online or through a paper
form. ICMA-RC will provide an enrollment link through tlie general
ICMA-RC web site. Employer will glso make available the online
enmllment link in their Intranet site or via email to new
ecripl6yces. Employer can also enroll employces tt mugh EZLink.
b) Establishme of participant accoants for eac6 employee participating in tha
Plan for whom ICMA-RC receives appropriate enrollment insmictions.
ICMA-RC is not responsible for determining if such Plan participanL are
eligible under the terms of tha Plan.
c) Allocation in accordance with participant directions received in good
order of individual partic'tpant accounts to investment funds offered under
the Plan.
d) Maintenance of individual accounts for participants reflecting amounts
deferred,income,gain or loss creditad, and ambunts distributed as
benefits.
e) MainLenance of records for all participants for whom pazticiparn accounts
have been estnblished. These files shall include enrollment instruc6oas
pmvided W ICMA-RC through Account Access or EZLink),baneficiary
desigoarion inswctions and all 6tlier and documents conceming each
participant's account.
fl Provision of periodic reports to the Employer through EZLink.
Participants will have access to accoiant information through Investor
Services,Voice Response System,Account Access and tlirough quarterly
statements that ciin be delivered electronically throngh Account Access or
by postal service.
g) Communication to participants of information regaziling thei righu and
elections undar the Plan.
h) Making available Investor Servicas Representadves through a Wll-free
telephone numb.er from 8:30 a.m,to 9:00 p.m Eastero Time,Monday
t6rough Friday(excluding liolidays and days on which the securities
markets or ICMA-RO are closed far bus'rness(including emergency
closings),to assist participanu.
i) Making available access w IGMA-RC'sweb site,to allow participanu to
access certaiu account information and initiate plan transactions at any
16
RES.C Page 43 of 44
Plan number 302102
time. Account access is:normally ayailable 24 hours a day,seven days a
week except during scheduled maintenance periods designed to
ensure,high-gualiry perforn ance: The scheduled maintenance window is
oudined at httns://haiverl.icmarc.orQ/lo iP. n•j5p
j) Distribution of benefiu asagent:for the.Employerin accoidance with
terms of the Plan. Participants who have sepazated from service can
request distributions through Account Access or via fo;m.
U on a roval b the lo er that a domestic r`elations otder is anPPP.Y P .Y
acceptable qualified domestic relarions order under the terms of the Plan,
ICMA-RC will establish a sepatate account Yecord fo tlie altemate payee
ani!provide for the investmgnt and distribution of assets held there under.
m) Guided Pathways—Participant Advice and Guidance may be made j
available through a third party vendor on the terms specified on ICMA-
RC's website.
n) ICMA-RC will determine appropriate delivery metliod(elecuonic and/or
print)for plan sponsor/participanf communicadons and educatiov based on
a number of factors(andience,effectiveness,etc:).
o) ICMA-RC will separately agree on the steps for the conversion process:
p) ICMA-RC will make available ten(10)full days of on-site service for the
Employer's employees. Tfiese may'include b:oth group sgssions and I
individualmeetings as directed by the Employec Eight(8)fbll days will
be provided by our Retirement Plans Specialist,two(2)full days by a
CERTIFIED FINANCIAL PLANNERT"'professional.
I
1
l7
RES.C Page 44 of 44