HomeMy WebLinkAbout01-17-2017 CITY COUNCIL AGENDACity Council Meeting
January 17, 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. Children's Dental Health Month Proclamation
Mayor Backus to proclaim February 2017 as "Children's Dental Health Month" in
the City of Auburn.
III. APPOINTMENTS
A. Auburn Municipal Airport Advisory Board
City Council to confirm the following appointments to the Auburn Municipal
Airport Advisory Committee. Each will be appointed to serve a three year term,
expiring December 31, 2019:
Deanna Clark
Mark Kornei
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.
Page 1 of 47
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 January 3, 2017 City Council Meeting*
B. Claims Vouchers (Coleman)
2016 claims voucher numbers 442174 and voucher number 442177 through
442331 in the amount of $2,986,427.06 and two wire transfers in the amount
of $549,207.54 and dated January 17, 2017.
2017 claims voucher numbers 442175 and 442176 and voucher number
442332 through 442408 in the amount of $2,856,549.79 and two wire transfers
in the amount of $1,801.08 and dated January 17, 2017.
C. Payroll Vouchers (Coleman )
Payroll check numbers 537027 through 537066 in the amount of $593,247.57,
electronic deposit transmissions in the amount of $1,437,912.81 for a grand total
of $2,031,160.38 for the period covering December 29, 2016 to January 11,
2017.
D. Public Works Project No. CP1408* (Snyder)
City Council approve Final Pay Estimate No. 5 to Contract No. 14-25 in the
amount of $0.00 and accept construction of Project No. CP1408, Hangar Row 3
Improvements
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6634* (Hinman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 2.76.020, 2.76.040, 2.77.010, 2.77.020, 2.77.040 and 2.77.050 of the
Auburn City Code relating to the City's tourism promotional efforts
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6634.)
B. Ordinance No. 6635* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Auburn City Code Sections 3.04.600 and 3.04.610 of the Auburn City Code
relating to funds
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6635.)
XI. RESOLUTIONS
A. Resolution No. 5270* (Snyder)
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A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute a contract between the City of Auburn and
the City of Algona for decant facilities usage and street sweeping services
(RECOMMENDED ACTION: City Council adopt Resolution No. 5270.)
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
B. From the Mayor
XIII. 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 3 of 47
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 3, 2017 City Council Meeting
Date:
January 9, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:January 17, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 47
City Council Meeting
January 3, 2017 - 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 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: City Attorney Daniel B. Heid,
Human Resources and Risk Management Director Rob Roscoe,
Community Development and Public Works Director Kevin Snyder,
Assistant Director of Engineering Services/City Engineer Ingrid Gaub,
Police Commander Steve Stocker, Director of Administration Dana
Hinman, Innovation and Technology Director Paul Haugan, Finance
Director Shelley Coleman, Parks, Arts and Recreation Director Daryl
Faber, and City Clerk Danielle Daskam.
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.
Mayor Backus read and presented a proclamation declaring January 13,
2017 as Korean- American Day in the city of Auburn. Mike Park and
members of the Washington State Korean-American Day Celebration
Foundation Committee accepted the proclamation.
B. Service Award
Mayor Backus presented City Attorney Dan Heid with his 15 year pin
commemorating his service with the City of Auburn. Dan was the City
Attorney for the cities of Sunnyside, Toppenish, SeaTac, and Lakewood
prior to serving as City Attorney for Auburn. Dan served as a Navy
Corpsman alongside the Marines in Viet Nam. Dan received the
Washington State Association of Municipal Attorneys (WSAMA)
Outstanding Service Award, the WSAMA Honorary Life Membership
Award, and the WSAMA Ernest H. Campbell Award (for outstanding
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CA.A Page 5 of 47
contributions to municipal law). Dan has also authored or co-authored
more than fifty reported appellate cases. Mayor Backus thanked Dan for
his service to the City.
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
Deputy Mayor Wales moved and Councilmember Peloza seconded to
confirm the appointments to the Arts Commission.
MOTION CARRIED UNANIMOUSLY. 7-0
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
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
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CA.A Page 6 of 47
James Tourangeau
Deputy Mayor Wales moved and Councilmember Baggett seconded to
confirm the re-appointments to the Arts Commission, Auburn Lodging
Tax Advisory Committee, Cemetery Board, Human Services Committee,
Planning Commission, Salary Commission and Urban Tree Board.
MOTION CARRIED UNANIMOUSLY. 7-0
IV. AGENDA MODIFICATIONS
There was no change 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.
Jim Olson, 32460 56th Avenue South, Auburn
Mr. Olson spoke regarding the $20.00 vehicle license fee recently
approved by the Auburn Transportation Benefit District. He expressed
opposition to the vehicle license fee because there is no exemption
for low income residents. He also expressed concern with increased
development between 51st and 58th Avenues.
Elam Anderson, 301 28th Street SE, Auburn
Mr. Anderson expressed concern with the amount of fluoride in the City's
water and urged the City to discontinue the use of fluoride in the City's
water. Mr. Anderson also spoke against the use of plastic bottles.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen commended Mayor Backus, City Council and staff for their
work. She reiterated the concerns expressed by the previous speakers.
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
that he and Councilmember Wagner reviewed the claims and payroll
vouchers as presented and described on this evening's agenda and
recommend City Council approval.
Page 3 of 7
CA.A Page 7 of 47
Councilmember Wagner reported on behalf of the ad hoc committee
established to review the Council structure. Councilmember Wagner
reported that he and Councilmembers DaCorsi and Holman met and will
be prepared to report out to Council at the next study session.
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.
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.
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to
approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no 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
Councilmember Holman moved and Councilmember Baggett seconded
to adopt Resolution No. 5266.
MOTION CARRIED UNANIMOUSLY. 7-0
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CA.A Page 8 of 47
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
Councilmember Holman moved and Councilmember Wagner seconded
to adopt Resolution No. 5267.
Councilmember Holman stated Cayce & Grove have been providing
public defense services to the City for several years. Resolution No.
5267 provides for an extension of the contract.
Human Resources and Risk Management Director Roscoe reported the
firm of Cayce & Grove provides a monthly report as well as an annual
summary report of the number of case filings. Mr. Roscoe stated he
would forward a copy of the report to the City Councilmembers.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Councilmember Holman moved and Councilmember DaCorsi seconded
to adopt Resolution No. 5269.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Wales reported she visited local congregations to discuss
the needs of the homeless. Deputy Mayor Wales also stated she visited
residents on the West Hill who have concerns with traffic and lack
of sidewalks, particularly in the vicinity of Evergreen Heights Elementary
School.
Councilmember Trout-Manuel reported she volunteered to serve lunch
at the Senior Center along with Councilmember Peloza and his wife.
Councilmember Trout-Manuel also reported on her participation at the
Mayor's Blue Ribbon Committee on Healthy Auburn for Life.
Councilmember Peloza reported that while on a visit to the VA Hospital
in Seattle, he noticed a large number of homeless and a large amount of
trash and garbage left by the homeless on public rights-of-way.
Councilmember Peloza stated he reported the condition to King County
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CA.A Page 9 of 47
Councilmember von Reichbauer and the Director of King County Public
Health as a public health issue.
B. From the Mayor
Mayor Backus reported she participated in the Night Before Christmas
event at the Community and Event Center. Mayor Backus reported that
the Economic Development Council-Seattle recently filmed in Auburn for
its promotional materials as part of the upcoming Economic
Development Forecasting Conference that will be held in Seattle.
Mayor Backus also met with Dr. Jim Brass from Help Northwest, whose
youth are performing community service in Auburn providing first
response and emergency response services. Mayor Backus reported
she and Councilmember DaCorsi met with residents of the River Mobile
Home community to discuss traffic safety issues and solutions. Mayor
Backus also reported on her participation in the Auburn Food Bank
Christmas basket distribution; Mayor Backus noted the number of those
needing help from the food bank has diminished over the past three
years according to the Food Bank Director.
XII. EXECUTIVE SESSION
A. Closed Session
Mayor Backus recessed the meeting to closed session at 7:50 p.m. to
discuss collective bargaining negotiations pursuant to RCW 42.30.140
(4). City Attorney Heid and Human Resources and Risk Management
Director Roscoe attended the closed session.
Mayor Backus reconvened the meeting at 8:06 p.m.
City Attorney Heid read the title of Resolution No. 5268:
Resolution No. 5268
A Resolution of the City Council of the City of Auburn, Washington,
approving the Collective Bargaining Agreement between the City of
Auburn and Teamsters Union Local No. 117 - Outside Unit
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5268.
MOTION CARRIED UNANIMOUSLY. 7-0
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:07 p.m.
APPROVED this 17th day of January, 2017.
________________________________ __________________________
NANCY BACKUS, MAYOR Danielle Daskam, City ClerkPage 6 of 7
CA.A Page 10 of 47
Page 7 of 7
CA.A Page 11 of 47
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
January 11, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
2016 claims voucher numbers 442174 and voucher number 442177 through
442331 in the amount of $2,986,427.06 and two wire transfers in the amount
of $549,207.54 and dated January 17, 2017.
2017 claims voucher numbers 442175 and 442176 and voucher number
442332 through 442408 in the amount of $2,856,549.79 and two wire transfers in the
amount of $1,801.08 and dated January 17, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:January 17, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 12 of 47
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
January 10, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537027 through 537066 in the amount of $593,247.57,
electronic deposit transmissions in the amount of $1,437,912.81 for a grand total of
$2,031,160.38 for the period covering December 29, 2016 to January 11, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:January 17, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 13 of 47
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1408
Date:
January 10, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 5 to Contract No. 14-25 in the amount of
$0.00 and accept construction of Project No. CP1408, Hangar Row 3 Improvements.
Background Summary:
This project converted 17 open hangers to enclosed hangars at the Auburn Municipal
Airport. This was accomplished by adding sliding doors, interior fire/partition walls, and
a fire alarm system to an existing row of open hangars. The attached vicinity map
shows the specific row of hangars that was converted.
A project budget contingency of $68,146.00 remains in the 465 (Airport) Fund.
The final contract amount is within the budget and within the authorized contingency
for the project.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:January 17, 2017 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 14 of 47
Project No: CP1408 Project Title:
Project Manager: Seth Wickstrom
Project Initiation
Initiation Date: Oct 29, 2014________ Permission to Advertise
Advertisement Date: _Nov 19, 2014_______ Contract Award
Award Date: _Dec 15, 2014_________ Change Order Approval
Contract Final Acceptance
Funding Prior Years 2015 2016
Future Years Total
465 Fund - Airport 18,815 274,129 72,871 365,815
Total 18,815 274,129 72,871 0 365,815
Activity Prior Years 2015 2016
Future Years Total
Design Engineering - City Costs*0
Design - Permit Fees 3,050 3,050
Design Engineering - Consultant Costs 15,765 12,370 28,136
Construction Contract Bid 240,082 240,082
Change Order #1 10,974 10,974
Change Order #2 807 807
Change Order #3 2,738 2,738
Construction Engineering - City Costs*0
Construction Engineering - Consultant Costs 7,158 4,725 11,883
Total 18,815 274,129 4,725 0 297,669
*City staff costs were not charged against the project budget and are not shown here.
Prior Years 2015 2016
Future Years Total
**465 Funds Budgeted ( ) (18,815) (274,129) (72,871) 0 (365,815)
465 Funds Needed 18,815 274,129 4,725 0 297,669
**465 Fund Project Contingency ( )0 0 (68,146) 0 (68,146)
465 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Hangar Row 3 Improvements
Date: January 10, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
465 Airport Budget Status
H:\PROJ\CP1408 - Airport Hangars\Final PE Agenda Bill\BudgetStatusSheet.xls 1 of 1CA.D Page 15 of 47
CITY OF AUBURNCO. NO. 14-25CP1408Hangar Row 3 ImprovementsPAY ESTIMATE #5SCHEDULE A: Hangar ImprovementsITEM NO.ITEM DESCRIPTIONESTIMATE QUANTITYTOTAL QUANTITYPERIOD QUANTITYUNIT TYPEUNIT COST TOTAL COST PERIOD COSTPERCENT EST. QTY.1Hangar Improvements110LS219,253.30$ 219,253.30$ -$ 100%CO1-1Hangar Door Panels - Winter White7,6507,6500LS1.31$ 10,021.50$ -$ 100%CO2-1Hangars 301/317 Door Reconfiguration110EA737.31$ 737.30$ -$ 100%CO3-1Replace Lower Track Anchor Bolts110EA2,500.00$ 2,500.00$ -$ 100%SCHEDULE TOTAL-$ Period DatesBegin: June 2, 2015End: July 21, 2016h:\proj\pe\PEFORM.XLS1 of 39/7/2016 at 9:02 AMCA.DPage 16 of 47
CITY OF AUBURNCP1408, Hangar Row 3 ImprovementsPROJECT SUMMARYCO. NO. 14-25PAY ESTIMATE #5 & FINALOriginal Contract AmountContract Change OrdersTotal Payment This Period Percent/ContractSCHEDULE A: Hangar ImprovementsContract219,253.30$ 13,258.81$ 232,512.10$ -$ 100%Sales Tax (+9.5%)20,829.06$ 1,259.59$ 22,088.65$ -$ Retainage (-5%) (11,625.61)$ -$ SCHEDULE TOTAL240,082.36$ 14,518.40$ 242,975.14$ -$ TOTAL CONTRACT AMOUNT TO DATE(including Sales Tax) 254,600.75$ TOTAL PAYMENT TO CONTRACTOR242,975.14$ -$ PAYMENT DUE CONTRACTOR:-$ Period DatesBegin: June 2, 2015End: July 21, 2016h:\proj\pe\PEFORM.XLS2 of 39/7/2016 at 9:02 AMCA.DPage 17 of 47
CA.DPage 18 of 47
0.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Miles0.30.10
Vicinity Map (CP1408)1/10/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
CA.D Page 19 of 47
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6634
Date:
January 11, 2017
Department:
Administration
Attachments:
Ordinance 6634
Ordinance 5920
ACC 2.77
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6634.
Background Summary:
Ordinance No. 6634 looks to eliminate overlapping functions, clarify roles and
responsibilities, and condense the number of meetings necessary to carry out the
functions of the Lodging Tax Advisory Committee and the Tourism Board in relation to
the collection of lodging tax revenues and tourism related activities. Both have
additional spots for members in an effort to increase the likelihood of quorums;
therefore, allowing the board to be more efficient and timely when it comes to
decision- making. Furthermore, the Tourism Board has removed the requirement for
an elected official, however, the Lodging Tax Advisory Committee will retain an
elected official as one of its required members.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:January 17, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 20 of 47
ORDINANCE NO. 6 6 3 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 2.76.020, 2.76.040, 2.77.010, 2.77.020,
2.77.040 AND 2.77.050 OF THE CITY CODE,
RELATING TO THE CITY'S TOURISM PROMOTIONAL.
EFFORTS
WHEREAS, the City of Auburn (the "City") has a lodging tax advisory
committee, pursuant to Revised Code of Washington (RCW) 67.28.1817, which
advises the Auburn City Council on lodging tax matters; and
WHEREAS, pursuant to RCW 67.28.1816, lodging tax revenues can only be
spent on tourism marketing, marketing and operation of special events and
festivals designed to attract tourists, supporting the operations and capital
expenditures of tourism-related facilities owned or operated by a municipality or a
public facilities district, or supporting the operations of tourism-related facilities
owned or operated by nonprofit organizations; and
WHEREAS, the City also has a tourism board, created by City Council
Ordinance No. 6041, which is charged with addressing issues related to tourism;
and
WHEREAS, the overlapping functions of the lodging tax advisory committee
and the tourism board necessitate close cooperation between the two bodies; and
WHEREAS, close cooperation between the lodging tax advisory committee and the
tourism board can produce effective City tourism promotional efforts that benefit the
citizens, residents, and businesses of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 2.76.020 of the City of
Auburn City Code is amended to read as follows
Ordinance No. 6634
January 10, 2017
Page 1 of 5ORD.A Page 21 of 47
2.76.020 Membership.
The Auburn lodging tax advisory committee shall consist of at (oast fiveseven
members as follows:
A. TwoThree members appointed by the city council who are representatives of
businesses required to collect tax under Chapter 67.28 RCW, including two regular
members and one alternate member who is authorized to vote on any matter before the
Auburn lodging tax advisory committee when serving in lieu of a regular member.
B. TweThree members appointed by the city council who are persons involved in
activities authorized to be funded by revenue received under Chapter 67.28 RCW,,
including two regular members and one alternate member who is authorized to vote on
any matter before the Auburn lodging tax advisory committee when serving in lieu of a
regular member.
C. Persons who are eligible for appointment under subsection A of this section
are not eligible for appointment under subsection B of this section and persons who are
eligible for appointment under subsection B of this section are not eligible for
appointment under subsection A of this section.
D. One elected official appointed by the mayor and confirmed by the city council
shall serve as chair of the Auburn lodging tax advisory committee.
Persons who are members of the Auburn tourism board
are not eligible for appointment to the Auburn lodging tax advisory committee.
F. Subject to the provisions of chapter 2.30 of the city code and at the pleasure of
the city council, members of the lodging tax advisory committee shall serve for a term of
three years or until appointment of a successor member, whichever is later. It is
provided, however, that, one member_shall _be initially.appointed for a three- year term;
one member shall be initially appointed for a two-year term; and one member shall be
initially appointed for a one-year term. In case of any vacancies on the committee,
vacancies shall be filled consistent with the procedures set forth in section 2.30.030 for
the unexpired terms for which such vacancies are filled. (Ord. 6040 § 1, 2006; Ord.
5920 § 1, 2005; Ord. 5554 § 1, 2001.)
Section 2. Amendment to City Code. Section 2.76.040 of the City of
Auburn City Code is amended to read as follows:
2.76.040 Responsibilities.
A. The Auburn lodging tax advisory committee shall meet as often as may be
required to meet the statutory duties described in RCW 67.28.1817, and shall make
reports and recommendations to the mayor and city council as-follows:.
AB. The, lodging tax advisory committee shall make recommendations regarding
the lodging tax to city council, preside over the budget for tourism related activities
based on the lodging tax collected, and provide the final approval for the implementation
of a business plan. The committee shall adopt rules for the transaction of business and
keep a record of its resolutions, transactions_, findings and determinations which shall be
a public record open to public inspection.
Ordinance No. 6634
January 10, 2017
Page 2 of 5ORD.A Page 22 of 47
C. The committee shall, by resolution, fix the time and place within the city for
regular meetings, hold at least two regular meetings each year when there is new
official business to transact, and hold additional meetings as the chairperson or a
majority of the committee deem necessary.
D. The committee shall consider proposals for imposition of a city lodging tax
under Chapter 67.28 RCW, establish a proposed budget for the expenditure of lodging
tax revenues, and interview and designate lodging tax grant recipients.
BE. If such a tax is adopted, the committee shall review any increases in the rate
of tax imposed, repeal of any exemption from a tax imposed or a change in the use of
revenue received under Chapter 67.28 RCW. The committee shall consider any such
proposal, provide for public input, and submit comments in a timely manner to the
mayor and city council. The comments shall include an analysis of the extent to which
the proposal will accommodate activities for tourists or increase tourism, and the extent
to which the proposal will affect the long-term stability of the fund created under RCW
67.28.1815.
GF. The Auburn lodging tax advisory committee shall also make such other
recommendations to the city council on tourism promotion and tourism-related issues as
are consistent with the functions of the committee as provided herein. (Ord. 6040 § 1,
2006; Ord. 5920 § 1, 2005; Ord. 5554 § 1, 2001.)
Section 3. Amendment to City Code. Section 2.77.010 of the City of
Auburn City Code is amended to read as follows:
2.77.010 Creation.
There is hereby created the Auburn tourism board. The board shall serve in an
advisory capacity to the mayor and city council, asand to the tourism board, to be
distinguishedlodging tax advisory committee for the e"•: - . -
committee, established by city ordinance codified under Chapter 2.76 ACC, and
pursuant to RCW 67.28.1817. purpose of planning and promoting tourism related
activities. (Ord. 6041 § 1, 2006.)
Section 4. Amendment to City Code. Section 2.77.020 of the City of
Auburn City Code is amended to read as follows:
2.77.020 Membership.
A. The Auburn tourism board shall consist of at least fivcnot more than ten
members appointed by the mayor and confirmed by the city council, who shall serve at.
the pleasure of the city council. The members shall be residents of the city. In addition
thereto, one elected official shall serve, ex officio, as chair of the Auburn tourism board.
or have a current licensed business in the city of Auburn.
B. Members of the Auburn tourism board are prohibited from being members of
the Auburn lodging tax advisory committee. (Ord. 6041 § 1, 2006.)
Ordinance No. 6634
January 10, 2017
Page 3 of 5ORD.A Page 23 of 47
Section 5. Amendment to City Code. Section 2.77.040 of the City of
Auburn City Code is amended to read as follows:
2.77.040 Terms and vacancies.
Subject to the provisions of ACC chapter 2.43.0202.30 of the city code and at the
pleasure of the city council, members of the Auburn tourism board shall serve for a term
of three years or until appointment of a successor member, whichever is later, unlet
otherwise replaced._ It is provided, however, that, other than the elected official serving,
one member shall be initially appointed for a three-year term, or until appointment of a
e -- - - , • - - . - - - - - - one member shall be
initially appointed for a two-year term, or until appointment of a successor member,
whichever is later, unless otherwise replaced; and one member shall be initially
appointed for a one-year term, - . ' - . - -•- --- - - - - --- - -- -• - - -•-•- -
isis later, unless otherwise replaced. In case of any vacancies on the oommissionboard,
vacancies shall be filled consistent with the procedures set forth in ACC section
2.^02.30.030 of the city code for the unexpired terms for which such vacancies are
filled. (Ord. 6041 § 1, 2006.)
Section 6. Amendment to City Code. Section 2.77.050 of the City of
Auburn City Code is amended to read as follows:
2.77.050 Officers — Meetings.
A. At its first meeting of each year, the The tourism board members shall adopt
rules for the transaction of business and keep a record of its resolutions, transactions,
findings and determinations, which shall be a public record open to public inspection
B. The tourism board shall elect a vice chairperson from among the regular its
members, for a term of the board one year, and those other officers as it determines
necessary.
C. The - -- - - •• -- - - -- _ -_ - - _ - -- tourism board
and-shall, by resolution, fix the time and place within the City for regular meetings, hold
at least one regular meeting each month when there is new official business to fulfill-the
B. It shall be the duty of the chairperson (the elected official serving ex officio) to
preside over all meetings of the board. The vice chairperson shall preside at all
of the members of the board shstitute a quorum for the transaction of business,
action. transact, and hold additional meetings as the chairperson or a majority of the
tourism board deem necessary. (Ord. 6041 § 1, 2006.)
Section 7. Implementation. The Mayor is hereby authorized to implement
Ordinance No. 6634
January 10, 2017
Page 4 of 5ORD.A Page 24 of 47
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 8. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 9. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided by
law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST: NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPROVED A TO FORM:
Ole/I
Danie B. Heid, City Attorney
Published:
Ordinance No. 6634
January 10, 2017
Page 5 of 5ORD.A Page 25 of 47
ORD.A Page 26 of 47
ORD.A Page 27 of 47
ORD.A Page 28 of 47
ORD.A Page 29 of 47
(9 hits)
Chapter 2.77
AUBURN TOURISM BOARD
Sections:
2.77.010 Creation.
2.77.020 Membership.
2.77.030 Appointment.
2.77.040 Terms and vacancies.
2.77.050 Officers – Meetings.
2.77.060 Role of the advisory board.
2.77.070 Compensation.
2.77.080 Annual reports of progress.
2.77.090 Severability.
2.77.010 Creation.
There is hereby created the Auburn tourism board. The board shall serve in an advisory capacity to
the mayor and city council, as the tourism board, to be distinguished from the city’s lodging tax
advisory committee, established by city ordinance codified under Chapter 2.76 ACC, and pursuant to
RCW 67.28.1817. (Ord. 6041 § 1, 2006.)
2.77.020 Membership.
The Auburn tourism board shall consist of at least five members appointed by the mayor and
confirmed by the city council, who shall serve at the pleasure of the city council. The members shall
be residents of the city. In addition thereto, one elected official shall serve, ex officio, as chair of the
Auburn tourism board. (Ord. 6041 § 1, 2006.)
2.77.030 Appointment.
The members of the tourism board shall be appointed from among members of the public who are
representatives of businesses, entities or agencies related to the tourism industry or businesses,
entities or agencies that would provide goods and/or services to tourists or tourist-related businesses.
(Ord. 6041 § 1, 2006.)
2.77.040 Terms and vacancies.
Subject to the provisions of ACC 2.43.020 and the pleasure of the city council, members of the board
shall serve for a term of three years or until appointment of a successor member, whichever is later,
unless otherwise replaced. It is provided, however, that, other than the elected official serving, ex
officio, as chair of the Auburn tourism board, for the initial appointment of members one member shall
be initially appointed for a three-year term, or until appointment of a successor member, whichever is
later, unless otherwise replaced; one member shall be initially appointed for a two-year term, or until
appointment of a successor member, whichever is later, unless otherwise replaced; and one member
shall be initially appointed for a one-year term, or until appointment of a successor member,
whichever is later, unless otherwise replaced. In case of any vacancies on the commission, vacancies
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ORD.A Page 30 of 47
shall be filled consistent with the procedures set forth in ACC 2.43.020 for the unexpired terms for
which such vacancies are filled. (Ord. 6041 § 1, 2006.)
2.77.050 Officers – Meetings.
A. At its first meeting of each year, the tourism board members shall elect a vice chairperson from
among the regular members of the board. The board shall meet as needed to perform the duties of
the tourism board and to fulfill the role of being an advisory body to the city council.
B. It shall be the duty of the chairperson (the elected official serving ex officio) to preside over all
meetings of the board. The vice chairperson shall preside at all meetings where the chairperson is
absent. Minutes shall be kept and meeting agendas prepared in coordination between members of
the board and staff members. A majority of the members of the board shall constitute a quorum for
the transaction of business, and a majority vote of those present shall be necessary to carry any
recommended action. (Ord. 6041 § 1, 2006.)
2.77.060 Role of the advisory board.
The tourism board is created to assist the city council formulate strategies for tourism-related
activities, projects and programs geared to promote the city of Auburn as a tourist destination, and
enhance the ability of local businesses to serve the needs of tourists and the tourist industry in
Auburn.
The Auburn tourism board shall also make such other recommendations to the city council on tourism
promotion and tourism-related issues as are consistent with the functions of the board as provided
herein. (Ord. 6041 § 1, 2006.)
2.77.070 Compensation.
The regular members of the tourism board shall serve without compensation related to the duties
thereof. This does not preclude the elected official serving, ex officio, as chairperson from receiving
any compensation due the person by reason of his/her capacity as a member of the city council. (Ord.
6041 § 1, 2006.)
2.77.080 Annual reports of progress.
The tourism board shall annually provide to the city council a report on progress made in carrying out
the board’s responsibilities. Additional reports may be submitted when deemed appropriate by the
board or when requested by the city council. (Ord. 6041 § 1, 2006.)
2.77.090 Severability.
If any portion of this chapter, or its application to any persons or circumstances, is held invalid, the
validity of the chapter as a whole, or any other portion thereof, and its application to other persons or
circumstances, shall not be affected. (Ord. 6041 § 1, 2006.)
The Auburn Municipal Code is current through Ordinance
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6635
Date:
January 11, 2017
Department:
Finance
Attachments:
Ordinance No. 6635
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6635.
Background Summary:
The Senior Center Savers Pantry is open two days per month and offers seniors the
opportunity to shop for low-cost foods. Cost savings are passed through by way of
bulk food purchases and re-packaging into individual sizes. While many items are
purchased through restaurant supply vendors, value can also be achieved through the
purchase of supplies at traditional retail outlets, particularly in the case of sale
items. Establishing a purchasing fund for the Pantry in the recommended amount of
$1,500.00 will permit the Senior Center’s volunteer shopper to take advantage of
these additional cost savings. The Senior Center Supervisor will be the assigned
custodian of the purchasing fund and will be responsible for disbursements, obtaining
original receipt documentation, and reimbursement of the fund to its authorized level.
Additionally, Ordinance No. 6635 removes reference to the Municipal Court and
Detention Facility change funds presently cited in Auburn City Code Section 3.04.600,
and the Municipal Court petty cash fund presently cited in Auburn City Code Section
3.04.610. The aforementioned funds were administratively closed with the transition to
the King County Court System and SCORE.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:January 17, 2017 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 33 of 47
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 34 of 47
------------------------------
Ordinance No. 6635
January 11, 2017
Page 1 of 4
ORDINANCE NO. 6635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING AUBURN CITY
CODE SECTIONS 3.04.600 AND 3.04.610 OF THE AUBURN
CITY CODE RELATING TO FUNDS
WHEREAS, the City of Auburn is responsible for maintaining its fund, line
items and budget elements in conformity with state law; and
WHEREAS, in order to properly account for funds, particularly those that
involve making change in payments for city services or for making purchases in
support of city functions, the City has developed certain identified change, petty
cash, purchasing and investigation funds; and
WHEREAS, in order to better accommodate the needs of the City to
provide these services to its citizenry, and to update the change, petty cash,
purchasing and investigation funds’ needs, it is appropriate to amend the City
Code accordingly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 3.04.600 of the Auburn
City Code is amended to read as follows:
3.04.600 Change Funds Created.
The finance director is herewith authorized to establish the
following change funds throughout the city. Change funds will be used for
the purpose of making change from cash for patrons of the city.
ORD.B Page 35 of 47
------------------------------
Ordinance No. 6635
January 11, 2017
Page 2 of 4
Department Location Amount
Finance 25 W. Main St. $1,200.00
Parks – Recreation 910 9th St. $700.00
Parks – Senior center 808 9th St. $100.00
Municipal court 340 E. Main St. $200.00
Cemetery 2020 Mtn. View Rd. $100.00
Building 25 W. Main St. $200.00
Detention facility 25 W. Main St. $200.00
City clerk 25 W. Main St. $200.00
Police 340 E. Main St. $200.00
Golf course pro shop 29630 Green River Rd. NE $800.00
Total $3,900.003,500.00
(Ord. 6294 § 1, 2010; Ord. 6250 § 1, 2009; Ord. 6079 § 1, 2007; Ord. 5907 § 1,
2005; Ord. 5895 § 1, 2005; Ord. 5804 § 1, 2003; Ord. 5742 § 1, 2003.)
Section 2. Amendment to City Code. Section 3.04.610 of the Auburn
City Code is amended to read as follows:
3.04.610 Petty Cash, Purchasing and Investigation Funds Created.
The finance director is herewith authorized to establish the
following petty cash, purchasing and special investigation funds
throughout the city. Petty cash and purchasing funds will be used to
purchase incidental supplies and other necessary incidental expenses.
Special investigation funds will be used for law enforcement and
investigation in the police department. The city finance director shall
reimburse the funds from time to time for expenses outstanding to make
the cash balance equivalent to the authorized amount.
ORD.B Page 36 of 47
------------------------------
Ordinance No. 6635
January 11, 2017
Page 3 of 4
Department Location Amount
Finance petty cash 25 W. Main St. $700.00
City clerk petty cash 25 W. Main St. $100.00
Parks – Recreation petty cash 910 9th St. $500.00
Parks – Senior center petty cash 808 9th St. $500.00
Parks – Senior center pantry
purchasing fund
808 9th St.
$1,500.00
Municipal court petty cash 340 E. Main St. $100.00
Police petty cash 340 E. Main St. $400.00
Police special investigation 340 E. Main St. $1,000.00
Police special investigation 340 E. Main St. $10,000.00
Golf course petty cash 29630 Green River Rd. NE $200.00
Cemetery 2020 Mtn. View Rd. $100.00
M & O 1305 C St. SW $300.00
$13,900.0015,300.00
(Ord. 6255 § 1, 2009; Ord. 6250 § 2, 2009; Ord. 6079 § 2, 2007; Ord. 5895 § 2,
2005; Ord. 5742 § 2, 2003.)
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
ORD.B Page 37 of 47
------------------------------
Ordinance No. 6635
January 11, 2017
Page 4 of 4
Section 4. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
ORD.B Page 38 of 47
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5270
Date:
January 5, 2017
Department:
Public Works
Attachments:
Res 5270 and Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5270.
Background Summary:
The contract adopted by Resolution No. 5270 will allow City of Algona to continue to
utilize the City of Auburn’s Decant Facility to dump Vactor waste material on a space
limited basis. The City of Auburn will also supply street sweeping services for the City
of Algona on an as needed basis. Algona also agrees to participate in long term
decant facility improvements.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:January 17, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 39 of 47
RESOLUTION NO. 5 2 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF AUBURN AND THE CITY OF
ALGONA FOR DECANT FACILITIES USAGE AND
STREET SWEEPING SERVICES
WHEREAS, the City of Algona has inadequate facilities to handle the waste
materials produced from their public works street sweeping and Vactor maintenance;
and
WHEREAS, the City of Auburn has sufficient capacity at their decant facility to
handle the Algona waste materials and is willing to provide for the proper handling,
processing and disposal of the City of Algona's street sweeper and Vactor truck materials
at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to execute
an Interlocal Agreement between the City of Auburn and the City of Algona for Decant
Facility Usage and Street Sweeping Services in substantial conformity with the
Agreement attached hereto as Exhibit "A" and incorporated herein by this 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.
Resolution No. 5270
January 3, 2017
Page 1 of 2RES.A Page 40 of 47
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
A1313- ie EDA TO FORM:
i'niel B. He •, City Attorney
Resolution No. 5270
January 3, 2017
Page 2 of 2RES.A Page 41 of 47
CONTRACT FOR SERVICES
BETWEEN THE CITY OF ALGONA
AND THE CITY OF AUBURN
FOR DECANT FACILITIES USAGE
AND STREET SWEEPING SERVICES
THIS AGREEMENT is made and executed by and between the City of Algona, a
Washington municipal corporation, hereafter designated as "Algona," and the City of
Auburn, a Washington municipal corporation, hereafter designated as "Auburn."
WHEREAS, Algona has inadequate facilities to properly handle the Waste Materials
produced as a result of their Public Works street sweeping and Vactor maintenance
activities; and
WHEREAS, Auburn has sufficient capacity at their decant facility to handle the Algona
Waste Materials.
NOW, THEREFORE, for the consideration stated in this Agreement, Algona and
Auburn do agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for proper handling, processing and
disposal of Street Sweeper and Vactor truck materials, herein referred to as"Waste
Materials" generated by Algona.
2. RESPONSIBILITIES
The City of Algona shall deliver Waste Materials to the decant area of the City of Auburn
Maintenance & Operations facility (hereafter, the "Facility"), currently located at 1305 C
Street SW, during the hours of 7:00 am and 3:00 pm. The unloading of the Waste
Materials by Algona at the Facility is to be done under the supervision of an Auburn
employee at the Facility. Algona will only send operators to use the decant facility that
have been properly trained by Auburn on the safe and efficient use of the facility and
dumping of Waste Materials.
If conditions at the Auburn Facility require, Auburn reserves the right to request Algona
to retain its Waste Materials until such time as the conditions at the Facility allow
Auburn to accept the Waste Materials again. Auburn will give Algona as much advance
notice of these conditions as is practicable. Auburn further reserves the right to reject
any individual shipment of Waste Materials.
CONTRACT FOR DECANT FACILI LIES USAGE
Page 1 of 6RES.A Page 42 of 47
Auburn will provide for the dewatering and the disposal of the Waste Materials in
compliance with all local, state, and federal permits pertaining to the dewatering and
disposal of such Waste Materials.
3. VOLUME
Auburn shall accept from Algona's Waste Materials in the following volumes: not to
exceed 20 tons per month or a total of 150 tons per year as measured at Auburn's truck
scale. Auburn may accept Waste Material from Algona that exceeds these volumes
upon the review of a written request from Algona. All such requests shall be made to
Auburn's Public Works Maintenance and Operations Manager thirty (30) days in
advance of proposed delivery of such additional Waste Materials.
4. COST FOR SERVICES
A. Waste Materials.
Algona shall pay Auburn $30.00 per month base fee for administration costs and $75.00
per ton of Waste Materials for processing, testing and disposal fee (measured as scale
weight). Auburn will bill Algona on a quarterly basis.
B Sweeping Services.
Auburn will provide street sweeping services on an as needed basis to Algona at the
rate of $98.00 per hour for sweeper and operator; this does not include fees for the
handling, processing and disposal of Waste Materials generated from sweeping.
Auburn reserves the right to increase these fees in response to increases in labor,
disposal, and regulatory costs. Auburn shall give Algona at least sixty (60) days'
advance written notification of any proposed fee increases.
5. DECANT FACILITY IMPROVEMENTS
Algona recognizes that the capacity of Auburn's Facility is limited and that additional
capacity will need to be provided, as both Cities'waste disposal needs continue to
grow, in order to provide long-term service to Algona.
Algona will also agree to participate in planning and funding of long term capacity
improvements to the decant process in Auburn, including but not limited to
improvements to the existing facility, installation of additional facility or other means to
add additional capacity. By way of example only, and not by way of limitation, Algona
and Auburn contemplate that subsequent amendments or agreements might address
the following types of issues: planning, design and construction costs for potential
improvements to the existing Facility or construction of a new decant facility. The
parties agree that Auburn will act as lead entity in the all aspects of any proposed
improvement project. Auburn will consult in advance of any final decisions with Algona
for the purposes of determining Algona's future needs and Algona's desire to participate
in funding for an improved facility or a new facility.
CONTRACT FOR DECANT FACILITIES USAGE
Page 2 of 6RES.A Page 43 of 47
6. TERM
The duration of this Agreement shall be for an initial term of three (3) years beginning
January 1, 2017 through December 31, 2019, and may be extended thereafterfor an
optional, additional term of three (3) years beginning January 1, 2020 through
December 31, 2022, by written amendment of the Parties, including but not limited to
mutual agreement on proposed changes — increases or decreases —to the cost for
services in Section 4 of this Agreement, not later than sixty (60) days prior to the end of
the initial term. It is further provided, however, that either party may terminate this
Agreement upon providing one hundred twenty (120) days' advance written notice to
the other party.
7. REOPENER
Either party may request that any provision of this Agreement can be renegotiated by
submitting a written request with fourteen (14) days' advance notice. Any amendment
of this Agreement shall be in writing and shall be signed by both parties consistent with
Section 13 of this Agreement.
So HOLD HARMLESS AND INDEMNIFICATION
a. Algona shall indemnify and hold Auburn and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, brought against Auburn arising
out of, in connection with, or incident to the execution of this Agreement and/or
Algona's performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence
of Auburn, its agents, employees, officers and/or volunteers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Algona; and provided further, that nothing herein shall require Algona to hold
harmless or defend Auburn, its agents, employees officers and/or volunteers from
any claims arising from the sole negligence of Auburn, its agents, employees,
officers and/or volunteers. No liability shall attach to Auburn by reason of entering
into this Agreement except as expressly provided herein.
b. Auburn shall indemnify and hold Algona and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses,
damages, or costs, of whatsoever kind or nature, brought against Algona arising
out of, in connection with, or incident to the execution of this Agreement and/or
Auburn's performance or failure to perform any aspect of this Agreement; provided,
however, that if such claims are caused by or result from the concurrent negligence
of Algona, its agents, employees, officers and/or volunteers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of
Auburn; and provided further, that nothing herein shall require Auburn to hold
harmless or defend Algona, its agents, employees, officers and/or volunteers from
CONTRACT FOR DECANT FACILITIES USAGE
Page 3 of 6RES.A Page 44 of 47
any claims arising from the sole negligence of Algona, its agents, employees,
officers and/or volunteers. No liability shall attach to Algona by reason of entering
into this Agreement except as expressly provided herein.
c.Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Auburn and Algona, its officers, officials,
employees, and volunteers, any damages allowed shall be levied in proportion to
the percentage of negligence attributable to each party, and each party shall
have the right to seek contribution from the other party in proportion to the
percentage of negligence attributable to the other party. It is further specifically
and expressly understood that the indemnification provided herein constitutes
the Parties' 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.
d. AUBURN SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS
FROM AND AGAINST, ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS ARISING
OUT OF OR RELATING TO THE PRESENCE, DISCOVERY, OR FAILURE TO
DISCOVER, REMOVE, ADDRESS, REMEDIATE OR CLEANUP ENVIRONMENTAL OR
BIOLOGICAL HAZARDS RESULTING FROM ALGONA DELIVERIES OR OTHERWISE
ATTRIBUTABLE TO ALGONA, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO,
MOLD, FUNGUS, HAZARDOUS WASTE, SUBSTANCES OR MATERIALS.
9. RESOLUTION OF DISPUTES AND GOVERNING LAW
a. Alternative Dispute Resolution If a dispute arises from or relates to this Agreement
or the breach thereof and if the dispute cannot be resolved through direct discussions,
the parties agree to endeavor first to settle the dispute in an amicable manner by
mediation before resorting to arbitration. The mediator may be selected by agreement
of the parties. Following mediation, or upon written agreement of the parties to waive
mediation, any unresolved controversy or claim arising from or relating to this
Agreement or breach thereof shall be settled through arbitration. The arbitrator may
be selected by agreement of the parties or through KingCounty court procedures. All
fees and expenses for mediation or arbitration shall be borne by the parties equally.
However, each party shall bear the expense of its own counsel, experts, witnesses and
preparation and presentation of evidence.
b. Applicable Law and Jurisdiction This Agreement shall be governed by the laws of the
State of Washington. Although the agreed to and designated primary dispute resolution
method as set forth above, in the event any claim, dispute or action arising from or
relating to this Agreement cannot be submitted to arbitration, then it shall be
commenced exclusively in the King County Superior Court or the United States District
CONTRACT FOR DECANT FACILITIES USAGE
Page 4 of 6RES.A Page 45 of 47
Court, Western District of Washington as appropriate. The prevailing party in any such
action before the courts shall be entitled to recover its costs of suit and reasonable
attorneys' fees.
W. WRITTEN NOTICE
All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing. If written notice is provided by
electronic mail (e-mail), then such written notice shall become effective one (1)
business day after it is successfully sent.
11. NON-DISCRIMINATION
Parties shall not discriminate in any manner related to this Agreement on the basis of
race, color, national origin, sex, religion, age, marital status or disability in employment
or the provision of services.
12. SEVERABILITY
If any provision of the Agreement shall be held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to serve the
purposes and objectives of both parties.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. Any
modifications or amendments to this Agreement shall be in writing and shall be signed
by each party.
DATED this t (o day of ) ce 4 2016.
CITY OF ALGONA CITY OF AUBURN
daji
David Hill, Mayor Nancy Backus, Mayor
402 Warde Street 25 W. Main Street
Algona, WA 98001 Auburn, WA 98001
CONTRACT FOR DECANT FACILITIES USAGE
Page 5 of 6RES.A Page 46 of 47
ATTEST: ATTEST:
p.u.41,4 7:::...,..,
Diana Quinn, City Administrator Dani Daskam, City Clerk
APPROV. D AS TO,FORM: APPROVED ATO FORM:
i I
A' ' ! A kik_______bP
R.•'Kaseg a, C 1 ttorney 11•n Held, City A orney
D
CONTRACT FOR DECANT FACILI Fibs USAGE
Page 6 of 6
RES.A Page 47 of 47