HomeMy WebLinkAbout03-13-2017 CITY COUNCIL STUDY SESSION AGENDACity Council Study Session and
Special Focus Area
March 13, 2017 - 5:30 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Roll Call
II. ANNOUNCEMENTS REPORTS AND PRESENTATIONS
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A.IT Digital Parity Update (10 Minutes) (Haugan)
B. City Slogan (Council)
C. City Committee and Board Appointments (Council)
D.Airport Management Services Contract (10 Minutes) (Snyder)
E.Regional Water Supply Discussion (30 Minutes) (Snyder)
IV. HEALTH AND HUMAN SERVICES DISCUSSION ITEMS
A.Domestic Violence Enforcement and Prosecution Report (10 Minutes)
(Lee/Heid)
V. OTHER DISCUSSION ITEMS
VI. NEW BUSINESS
VII. MATRIX
VIII. 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.
AGENDA BILL APPROVAL FORM
Agenda Subject:
IT Digital Parity Update (10 Minutes) (Haugan)
Date:
March 8, 2017
Department:
Information Services
Attachments:
Council Brief: Digital Parity Update March
2017
Budget Impact:
$0
Administrative Recommendation:
Review and Discuss
Background Summary:
Innovation and Technology have been providing quarterly Update on Council Goal #
2. This is the first update for 2017.
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:March 13, 2017 Item Number:
Page 1 of 2
Council Briefing Update
To: Auburn City Council
From: Paul Haugan, Director – Innovation and Technology
CC: Mayor Nancy Backus
Date: 3.13.17
Re: Update: G2: Increase Internet Access to Achieve Digital Parity by 80% by
2020
Council Members,
In November of 2015 you held a Strategic Planning Retreat to help develop your Strategic Vision
for the City of Auburn. You identified 3 Key Goals, of which I am privileged to take the lead on Goal
2: Digital Parity.
The update will bring you up to speed on what we’ve been up to the past few months on our quest
to put form and function to Goal # 2. This update will build on the presentation delivered In the Fall
of 2016
Our July Update on the Goals and Objectives
G2/S1: Explore the establishment of an internet utility (8)
This activity is planned for 2019
G2/S2: Leverage public technology infrastructure to achieve cyber‐‐‐‐equity within the
city (25)
Our Proof of Concept project revealed new technologies that we are implementing
that increase our Broadband footprint (broadcast range) by a significant amount, and lowers
our equipment need at the same time. This technology is new and supply chains are not fully
developed. As such we are waiting on parts to finish building our broadcast area. Our best
projection at this time is end of March for installation.
Page 2 of 2
G2/S3: Build partnerships for revenue streams and infrastructure expansion (26)
We have made major progress on this front. With the assistance of several
departments, we have reached agreement with vendors to extend our network in areas of
Auburn that were not served. We now have fiber optics resources in Lea Hill. The work done
by Team Auburn on this has provided solutions to several challenges ahead of us.
1. This brings fiber optic connection to the Police Lea Hill Substation
2. This allow us to escalate our planning and engineering to extend Access Auburn to
the Lea Hill area.
3. Our fiber optic network is now ready for regional extension to support the Community
Connectivity Consortium.
An additional agreement is making its way through the signature pathways that provides us
fiber optic connectivity to additional neighborhoods in South Auburn to further the Digital
Parity Project.
G2/S4: Establish minimum acceptable standards, speed, security and liability
exposure
We have been working on a complete update of our Internal IT practices and procedures
where this resides.
G2/S5: Expand services to capture emerging opportunities (11)
The world of IoT is upon us. The Internet of Things is real. We are moving forward in
developing our strategy to provide guiding principles and policy to address this wave that
upon us. IoT involves all members of the Auburn community, our intent is to provide some
overarching direction on how we can adopt, manage and reap the benefits of full IoT
integration. This is a complex and wide ranging topic that we will address more fully in the
coming months.
Thank you
Paul Haugan, Director
Department of Innovation and Technology
AGENDA BILL APPROVAL FORM
Agenda Subject:
Airport Management Services Contract (10 Minutes)
(Snyder)
Date:
March 9, 2017
Department:
City Attorney
Attachments:
Draft new Services Contract & Scope of
Services
2014-2015 Services Agreement
Resolution No. 5166 - 2014-2015
Contracts Crosswalk Matrix
Budget Impact:
$0
Administrative Recommendation:
City Council to discuss update on Airport Management Services Contract.
Background Summary:
The City of Auburn has had a long-term services agreement with Aviation
Management Group, LLC to manage airport operations at the Auburn Municipal
Airport. The City of Auburn and Aviation Management Group, LLC last entered into a
2014-2015 services agreement on November 18, 2013, with the term of said
Agreement being from January 1, 2015, to December 31, 2015. The City Council then
approved Resolution No. 5166 on September 14, 2015, authorizing the First
Addendum to the Agreement that was executed on October 5, 2015.This First
Addendum extended the term of the 2014-2015 Services Agreement to December 31,
2016 along with some other modifications to the terms of the original Agreement.
On December 19, 2016, the City Council approved Resolution No. 5265 that only
authorized a ninety (90) day extension, effective January 1, 2017, of the current
Agreement for airport management services to March 31, 2017 to allow for these
negotiations to conclude. Subsequent to the Council’s approval of Resolution No.
5265, City staff and Aviation Management Group, LLC worked collaboratively to
address outstanding contract negotiation issues and are very close to successfully
completing our joint efforts and being able to bring a revised contract to the City
Council for action. There is one remaining area pertaining to prevailing wages that the
City and Aviation Management Group, LLC are still jointly reviewing potential options
for. We anticipate that this review will be completed next week.
An update on the new contract efforts will be provided at the Council’s March 13, 2017
study session in advance of potential requested action at the City Council’s March 20,
2017 regular meeting.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:March 13, 2017 Item Number:
AGREEMENT FOR THE DAY-TO-DAY OPERATION
AND MANAGEMENT OF THE
AUBURN MUNICIPAL AIRPORT
BETWEEN THE CITY OF AUBURN, WASHINGTON
AND AVIATION MANAGEMENT GROUP, LLC.
THIS AGREEMENT made and entered into on this day of -C oye
20,x, by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City" and Aviation Management Group, LLC, hereinafter referred to
as the "Contractor."
W ITNESSETH:
WHEREAS, the City is engaged in the operation of the Auburn Municipal Airport
Airport); and,
WHEREAS, City is desirous of hiring the Contractor to undertake certain physical and
certain financial responsibilities of the operation, management and maintenance on a day to day
basis of the Airport;and,
WHEREAS, the City has satisfied itself that the Contractor has the requisite knowledge,
experience and ability to perform the tasks set forth in this Agreement, and that this Agreement
contains adequate safeguards to protect the interests of all concerned who use or are affected by
the Airport.
NOW, THEREFORE, in consideration of the mutual covenants, and benefits contained
herein, and subject to the following terms, conditions, covenants and provisions,THE PARTIES
HERETO DO MUTUALLY AGREE as follows:
I Scope of Services.
The Contractor agrees to perform in a good and professional manner the tasks described
on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks
described on Exhibit "A" shall be individually referred to as a "task," and collectively
referred to as the "services.") The Contractor shall perform the services as
an independent contractor and shall not be deemed, by virtue of this Agreement and
the performance thereof, to have entered into any partnership,joint venture, employment
or other relationship with the City.
Page 1 of 10
2. Additional Services.
From time to time hereafter, the parties hereto may agree to the performance by the
Contractor of additional services with respect to related work or projects (such an
agreement for additional services shall be referred to as a "Task Order"). Any such Task
Orders shall be set forth in writing and shall be executed by the respective parties prior to
the Contractor's performance of the services there under, except as may be provided to
the contrary in Section 3 of this Agreement. Upon proper completion and execution of a
Task Order, such Task Order shall be incorporated into this Agreement and shall have the
same force and effect as if the terms of such Task Order were a part of this Agreement as
originally executed The performance of services pursuant to a Task Order shall be
subject to the terms and conditions of this Agreement except where the Task Order
provides to the contrary, in which case the terms and conditions of any such Task Order
shall control. In all other respects, any Task Order shall supplement and be construed in
accordance with the terms and conditions of this Agreement.
3 Performance of Additional Services Prior to Execution of Task Order.
The parties hereby agree that situations may arise in which services other than those
described on Exhibit "A" are desired by the City and the time period for the completion
of such services makes the execution of a Task Order impractical prior to the
commencement of the Contractor's performance of the requested services. The
Contractor hereby agrees that it shall perform such services upon the written or electronic
request of an authorized representative of the City pending execution of Task Order, at a
rate of compensation to be agreed to in connection therewith. The invoice procedure for
any such additional services shall be as described in Section 9 of this Agreement.
4 Contractor's Representations.
The Contractor hereby represents and warrants that it has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5 Schedule.
Upon receipt of authorization to proceed, the Contractor will perform its services in a
diligent and timely manner, provided that the Contractor shall not be liable for delays
caused by circumstances out of the Contractor's control. The City shall give prompt
written notice to the Contractor whenever the City becomes aware of any circumstance
that may affect the timing of the performance of the services. Upon receipt of such
notice, the Contractor shall respond to the notice by appropriate action and report the
response to the City within ten (10) days.
6. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the
Contractor:
a. Designate in writing a person to act as the City's representative with respect to the
services. The City's designee shall have complete authority to transmit
instructions, receive information, interpret and define the City's policies and
decisions with respect to the services.
Page 2 of 10
b. Furnish the Contractor with all information, criteria, objectives, schedules
and standards for the project and the services provided for herein.
C. Arrange for access to the property or facilities as required for the Contractor to
perform the services provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other
documents prepared by the Contractor and render decisions regarding such
documents in a timely manner to prevent delay of the services.
e. Provide certain equipment and facilities in connection herewith, as follows:
1) Allow access to Airport facilities, and allow use of 1,350 square feet of the
506 Building as the Airport Office.
f Provide Major Capital Improvements, Major Repairs and Equipment
Replacement Expenses: Expenses for (i) major capital improvements, (ii) major
repairs and (iii) replacement of Airport facilities or equipment that do not result
from negligence on the part of the Contractor, shall be the responsibility of the
City For these purposes, major repairs are defined as repairs that increase the
value or increase the life of the facilities or equipment. Major capital
improvements, major repairs and/or equipment expenses s h a I I include, but not be
limited to, the following:
1) Airport water supply and pumping system;
2) Storm drainage system and piping;
3) Major repairs to paved or improved areas to include the runway, aprons,
ramps, and taxiways.
4) Major crack sealing of all City-owned and controlled surfaces;
5) Major repairs or replacement or building roofs on City-owned buildings,
except as otherwise provided under a lease or rental agreement.
7 Acceptable Standards.
The Contractor shall be responsible to provide, in connection with the services contemplated
in this Agreement, work product and services of a quality and professional standard
acceptable to the City
8. Cooperation.
a. The Contractor and the City shall at all times act in good faith and cooperate fully
with each other, their respective agents, employees, contractors, subcontractors,
and concessionaires; any other parties leasing or using space or providing services
at the Airport, and the patrons of the Airport and the future development thereof,
including, but not limited to, the application for and obtaining of any government
approvals in connection therewith; the administration and enforcement of the
existing agreements; and the general performance by the Contractor of its rights,
duties and obligations under this Agreement.
b. The Contractor shall assist the City in securing any approvals from the Federal
Aviation Administration (FAA) required for the Contractor to operate and
maintain the Airport under the City's FAA Operating Certificate. The City and
the Contractor jointly shall cooperate to maintain the FAA Operating Certificate
throughout the term and any extended term of this Agreement.
Page 3 of 10
C.I f this Agreement is terminated for any reason, or if it is to expire on its own
terms, the Parties shall make every effort to assure to the fullest extent possible
under the circumstances (a) an orderly transition to another provider of the
services required under this Agreement, (b) an orderly demobilization of the
Contractor's own operations in connection with such services, (c) uninterrupted
provision of such services during any transition period, and (d) compliance with
the reasonable requests and requirements of the City in connection with such
termination or expiration.
d. The Contractor shall interface with any private security services at the Airport,
and shall jointly or separately perform daily inspections of the Airport premises,
insuring that gates are timely opened and closed, and shall further communicate to
the City any concerns voiced by tenants or other users of the Airport, and where
police, fire or other code or emergency response agency is called in, to cooperate
with such responses and/or investigations.
e. The Contractor shall also obtain and maintain in good standing training to deal
with emergencies, as directed by the City. The Contractor shall also be familiar
with the City Disaster/Emergency Plans applicable to the Airport and its on-site
fuel system, and shall act in accordance therewith.
f The Contractor shall also notify, when and where appropriate, the FAA, and any
other State, regional or federal agencies when accidents, actions or occurrences
take place at the Airport. In any event, the Contractor shall notify the City, and
with respect to a question of whether another outside agency should also be
notified, and in the event that the Contractor is unsure as to whether such outside
agency, or which outside agency should be notified, the question shall be
presented to the City and the City shall determine whether such notice shall be
provided and to whom such notice would be provided.
9 Compensation.
a. As compensation for the Contractor's performance of the services provided for
herein, other than the fueling services described in section F of Exhibit A, the City
shall pay the Contractor the fees and costs specified as follows: Twenty-Nine
Thousand Seven Hundred Eighty Dollars and no/IOOths ($29,780.00) per month
with that amount increased annually by the cost of living as determined by the
applicable Consumer Price Index. The applicable Consumer Price Index is the
Consumer Price Index for All Urban Consumers 1982 1984 100 for Seattle-
Tacoma as published by the United States Government for the month of August.
b. Compensation to the Contractor for performing the fueling services shall be as
described in Section F of Exhibit A.
C. The Contractor shall submit to the City an invoice or statement of time spent on
tasks included in the additional services provided herein, and the City shall
process the invoice or statement in the next billing/claim cycle following receipt
of the invoice or statement, and shall remit payment to the Contractor thereafter in
the normal course, subject to any conditions or provisions in this Agreement or
addendum.
Page 4 of 10
10. Term of Agreement.
The Term of this Agreement shall be for an initial two (2) year period commencing on
the first day of January, 2014, and terminating on the 31 st day of December, 2015, unless
otherwise agreed to in writing by the parties.
11. Reports.
The Contractor shall submit to the City (to the Mayor or the Mayor's designee and a copy
to the City of Auburn Airport Advisory Board) not less than monthly, during the term of
this Agreement and any extension hereof, periodic activity reports, summarizing hangar
and tie-down space rental receipt amounts, occupancy percentages, fuel sales amounts,
Airport Advisory Board agenda minutes and any other information requested by the City.
Minutes will be distributed promptly. The Contractor shall also attend the
meetings of the Airport Advisory Board and shall further attend such other meetings as
are requested by the City, as directed by the Mayor or the Mayor's designee, to answer
questions and/or receive direction from the City. The Airport Advisory Board shall serve
as a resource for discussing issues and concerns involving the implementation of this
Agreement.
12. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found
upon audit or otherwise to have been improperly invoiced, and all records and books of
accounts pertaining to any work performed under this Agreement shall be subject to
inspection and audit by the City for a period of up to three (3) years from the final
payment for work performed under this Agreement.
13. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
shall continue to make a good faith effort to cooperate and continue work toward
successful completion of assigned duties and responsibilities.
14. Administration of Agreement.
This Agreement shall be administered by Jamelle R. Garcia,on behalf of the Contractor,
and by the Mayor or designee of the City, on behalf of the City. Any written notices
required by the terms of this Agreement shall be served on or mailed to the following
addresses:
City of Auburn Contractor
Auburn City Hall Jamelle R. Garcia
25 West Main Aviation Management Group, LLC
Auburn, WA 98001-4998 36618 - 55th Ave S.
253)931-3000 Auburn, WA 98001
FAX (253) 931-3053 253) 939-4273
Page 5 of 10
15 Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by certified mail, return
receipt requested, and addressed, if to a party of this Agreement, to the address for the
party set forth above, or if to a person not a party to this Agreement, to the address
designated by a party to this Agreement in the foregoing manner
Any party may change his, her or its address by giving notice in writing, stating his, her
or its new address, to any other party, all pursuant to the procedure set forth in this
section of the Agreement.
16. Insurance.
The Contractor shall be responsible for maintaining, during the term of this Agreement
and at its sole cost and expense, the types of insurance coverage and in the amounts
described below. The Contractor shall furnish evidence, satisfactory to the City, of all
such policies. During the term hereof, the Contractor shall take out and maintain in full
force and effect the following policies:
a. Airport liability insurance which includes coverage for premises liability,
products/completed operations, independent contractors, stop gap liability,
personal and advertising injury, hangar-keepers liability, pollution liability,
liability assumed under contract and a breach of warranty clause. Contractor shall
maintain airport liability insurance with limits no less than $10,000,000.00 per
occurrence, $10,000,000.00 general aggregate and $10,000,000.00 products-
completed operations aggregate limit. The City shall be named as an additional
insured on the airport liability insurance policy
b. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
17. Indemnification.
The Contractor shall indemnify and hold harmless the City and its officers, agents,
employees and volunteers from any and all claims, injuries, damages, losses, or suits
including attorney fees, by reason of or arising out of the negligence of the Contractor, its
officers, agents or employees in connection with the performance of this Agreement.
The City shall indemnify and hold harmless the Contractor and its officers, agents and
employees from any and all claims, injuries, damages, losses, or suits including attorney
fees, by reason of or arising out of the negligence of the City, its officers, agents,
employees or volunteers in connection with the performance of this Agreement.
In the case of negligence of both the City (or its officers, agents, employees or
volunteers) and the Contractor (or its officers, agents or employees), 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
Page 6 of 10
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's and the City's 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.
18. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or
in part, without the prior written consent of the other party hereto, which consent shall
not be unreasonably withheld. No assignment or transfer of any interest under this
Agreement shall be deemed to release the assignor from any liability or obligation under
this Agreement, or to cause any such liability or obligation to be reduced to a secondary
liability or obligation.
19. Services in Potential Competition with Contractor.
The Contractor shall provide services to clients, customers and tenants of the Airport with
fairness and without regard to whether a client, customer or tenant is engaged in a
business that competes or potentially competes with a business of the Contractor,or with
a business in which any principal, partner or participant of the Contractor is also a
principal,partner or participant. Towards that end, the Contractor shall notify ALL clients,
customers and tenants and prospective clients, customers and tenants of the Airport of
this requirement, and shall also notify them that if they feel that the Contractor has not
treated them in a fair manner, they may seek relief from the Mayor or the Mayor's
designee of the City in terms of the services, use of premises or other activity related to
the Airport. Decisions by the Mayor or designee in such cases shall be binding on the
parties, provided that any party aggrieved by such decision may appeal the decision to the
City of Auburn Hearing Examiner, according to the procedures of the City of Auburn
therefor.
20. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver Any waiver by any party of any default of the other party shall not effect or
impair any right arising from any subsequent default.
21. Remedies not Limited.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant
to this Agreement.
22. Termination.
a. Either parry may terminate this Agreement upon written notice to the other party
if the other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement. It is
Page 7 of 10
provided, however, that the terminating party shall give the other party notice of
the specific area(s) of performance that has/have not been performed and shall
further give seven (7) business days for such performance to be fully performed in
accordance with the terms of this Agreement prior to termination. If such failure
to perform is corrected within said seven (7) business day's period, then the
Agreement shall not be subject to termination under this sub-paragraph.
b. The City may also terminate this Agreement upon not less than one hundred
twenty (120) days written notice to the Contractor if the services provided for
herein are no longer needed from the Contractor.
C. If this Agreement is terminated through no fault of the Contractor,the Contractor
shall be compensated for services performed prior to termination in accordance
with the rate of compensation provided herein.
23. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for
herein shall inure to and bind, the parties hereto and their respective successors and
assigns, provided that this section shall not be deemed to permit any transfer or
assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive
benefit of the parties hereto and it does not create a contractual relationship with or exist
for the benefit of any third party, including contractors,sub-contractors and their sureties.
24. Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities
or obligations under this Agreement, the prevailing party shall be entitled to receive its
reasonable costs and attorney's fees.
25. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the
interpreted in accordance with the laws of the State of Washington and venue for any
action hereunder shall be in King County, Washington; provided, however, that it is
agreed and understood that an}, applicable statute of limitation shall commence no later
than the substantial completion by the Contractor of the services.
26. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections to
which they apply. As used herein, where appropriate, the singular shall include the plural
and vice versa and masculine, feminine and neuter expressions shall be interchangeable.
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
27. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this Agreement.
Page 8 of 10
28. Entire Agreement.
This Agreement contains the entire understanding of the parties hereto in
respect to the transactions contemplated hereby and supersedes all prior
agreements and understandings between the parties with respect to such
subject matter.
29. Counterparts.
This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one
or more counterparts have been signed by each of the parties and delivered
to the other party.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement
to be executed effective the day and year first set forth above.
CITY OF AUBURN AVIATION MANAGEMENT GROUP, LLC
Peter B. Lewis, Mayor JayKelle Garcia,Managing Member
A/t,Pvtt:,
Danielle E. Daskam City Clerk I,.""
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p`NN•Ki,
Approved as to form: y %SStOy ,
foo
i
i
Dame B. i AtT me Y
STATE OF WASHINGTON )
ss.
COUNTY OF KING
ON THIS` S day of `tN;we 20 i3 , before me, personally
appeared J- c\C-1 c-C C • y to me known to be the
mac,,,,— of the Contractor, Aviation Management Group, LLC, the party
that executed t e wit in and foregoing instrument, and acknowledged said instrument to be his/her/their
free and voluntary act and deed of said corporation/company, for the uses and purposes therein
mentioned,and on oath stated that they were authorized to execute said instrument.
Page 9 of 10
1
GIVEN under my hand and official seal this, Lday of n 0L2w- 1k, , 20:ar
IV)IARY PI.IBtIC in and fcr tlr Stine of
Vtt residit-gat -\ n
My Commission Expires:
STATE OF WASHINGTON )
ss.
COUNTY OF KING
ON THIS \j'' day of Y , 20k__> before me, personally
appeared Peter B. Lewis and Danielle E. Daskam,to me known to be the Mayor and City Clerk of the
City of Auburn, Washington, the municipal corporation that executed the within and foregoing
instrument,and acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument.
GIVEN under my hand and official seal this N day of 20
IJJTARY Fi 7C in ad f, tl-,- Si e of
dMa 311b1S Vltslar residuga Q . W\
bwt, '4, F
i My Commission Expires:
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Page 10 of 10
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EXHIBIT"A"
SCOPE OF SERVICES
A. CONTRACTOR shall prepare, negotiate, administer, and enforce on behalf of, and in the
name of, CITY all of the lease agreements, contracts, documents, and instruments
relating to the Auburn Municipal Airport (Airport) or its operation to which CITY is a
party, consistent with the terms of this Agreement and in a manner that CONTRACTOR
shall deem necessary or desirable for the efficient operation, maintenance, and
management of the Airport, provided that if CONTRACTOR through common
management or otherwise, holds an ownership or controlling interest in a tenant of the
Airport subject to a lease agreement, CONTRACTOR shall not negotiate, administer or
enforce such lease with such related tenant or with any commercial competitor of
CONTRACTOR which is also a tenant of the Airport but rather these activities shall be
performed by the Mayor of CITY or such representative as the Mayor shall from time to
time designate in writing.
B. CITY specifically authorizes CONTRACTOR to request and demand all rent and other
such charges and to institute legal proceedings, as CONTRACTOR shall deem necessary
or appropriate, on behalf of, and in the name of, CITY to collect such rent and other
charges. All such rent and other charges described below shall be collected by
CONTRACTOR on behalf of CITY, and accounted for as provided in the Agreement.
However,commencement of legal proceedings is subject to final approval of CITY.
C. CONTRACTOR may propose capital improvement or property development work as a
result of its concept development and planning functions or related work as set forth in
this Agreement.
D. CONTRACTOR will manage and operate the Airport for the use and benefit of CITY
and the general public, in accordance with the requirements of this Agreement, and on
fair and reasonable terms without unjust discrimination, seven (7) days a week, twenty-
four (24) hours a day, in a safe and efficient manner and maintain it in a clean, orderly,
safe, and operational condition in conformity with applicable Federal, State and local
laws, rules and regulations.
Page 1 of
E. Without limiting the foregoing services to be provided by CONTRACTOR services shall
include any of the following: operation, management, concession, and janitorial service
as needed in any CITY-owned Airport building or activity; advertising; compliance with
applicable security requirements of the FAA or other jurisdictional agency, subject to
paragraph Y herein; airport and grounds maintenance, ramp operations, airfield
signage, and navigation, and general aviation facilities maintenance; operation and
management; public relations, and marketing. CONTRACTOR shall not cause or permit
any activity or action at the Airport or on property in the vicinity of the Airport which
would interfere with its use of the Airport for Airport purposes.
F. CONTRACTOR shall provide fueling services at the Airport. In connection therewith,
CONTRACTOR shall be responsible for purchasing the fuel wholesale, CITY and
CONTRACTOR shall be jointly entitled to set the retail price of the fuel and each shall
be entitled to retain fifty percent (50%) of the net proceeds from such fuel sales. Net
proceeds is defined for these purposes as the remainder of funds after all normal and
applicable expenses have been deducted from revenue produced from fuel sales. Normal
and applicable expenses do not include major repairs (as defined in Section 6 of the
Agreement) or improvements to the fueling facility CONTRACTOR shall submit
monthly an accounting of the fuel revenue and applicable expenses to the CITY and shall
remit quarterly to the CITY the CITY'S share of the net proceeds from fuel sales.
G CONTRACTOR will develop and submit recommended schedules of rates, fees, and
charges (exclusive of the retail price for fuel) annually for approval by CITY, provided
that if CONTRACTOR, through common management or otherwise, holds an ownership
or controlling interest in a tenant at the Airport whose rates, fees or charges would be
affected by such recommended schedules, CONTRACTOR will not recommend
schedules for such related tenant or for any commercial competitor of CONTRACTOR
which is also a tenant but rather such recommendation will be made by the Mayor of
CITY or such authorized representative as the Mayor shall from time to time designate
for this purpose in writing. The schedule of rates, fees, and charges will not alter the
rental rates in existing leases or agreements except as provided therein. CONTRACTOR
will also collect and reconcile all rental and/or lease payments and fees due, using
uniform procedures to provide accountability, control and security of funds.
Page 2 of 9
H. CONTRACTOR shall assist CITY, with respect to CITY's dealings with all applicable
Federal and State authorities, provided, however, that CITY shall remain solely
responsible to the Federal Aviation Administration ("FAA") for the compliance with
CITY's obligations under the law and under Federal Grant Agreements unless such
compliance is the responsibility of CONTRACTOR under this Agreement.
CONTRACTOR is aware of and agrees to honor and respect the existing grant agreements
between the CITY and FAA, including related FAA assurances.
1. No exclusive right for the use of the Airport by any persons providing, or intending to
provide, aeronautical services to the public shall be permitted within the meaning
of Section 308 of the Federal Aviation Act of 1958.
J. Security: CONTRACTOR agrees to provide Airport security during non-business
office hours 365 days per year. The CONTRACTOR will bill each hangar door on the
airport Five Dollars and no/lOOths ($5 00) per month for security services. The
CITY will remit the security funds collected each month to the CONTRACTOR in the
subsequent month.
K. Hours of Operation (business hours): CONTRACTOR shall operate the Airport
for public access twenty-four (24) hours daily. At least one CONTRACTOR staff
person shall be available at the Airport Monday through Friday 8:OOa.m. to 5-00p.m.
exclusive of state and federal holidays) to assist the public. During non-business
hours, CONTRACTOR shall maintain a method of contacting the on-duty staff
person for assistance, via pager or cellular telephone. CONTRACTOR will maintain
and post a list, easily accessible to those needing fuel or other services, of Fixed Based
Operations (FBO) able to provide fueling and ramp services on short notice outside of
usual business hours.
L. Operating Policies and Procedures: CONTRACTOR shall provide and maintain a
staff training program and complete library of Airport operating policies and
procedures at the offices of the CONTRACTOR at the Airport.
Pagc 3 of 9
M. Collection of Fees and Rentals: CONTRACTOR shall provide for routine invoicing
and collection of all fees, rentals, and property lease charges due the Airport
including:
1. Property leases;
2. Hangar rents;
3. Transient and permanent tie-down fees;
4. Business office rent;
5. All other Airport revenues
CONTRACTOR shall prepare and deposit daily cash receipts received on behalf of the
CITY and forward deposit slips to the City of Auburn Finance Department. The
CONTRACTOR shall also prepare and submit to the CITY a standard accounting report
of all collections, on a monthly basis, no later than the fifth day after the end of the month
in which the collections are made.
N. Emergency Preparedness: CONTRACTOR will have available persons trained in the
manner required by applicable FAA regulations to respond to emergencies, such as fires,
aircraft incidents, or disasters.
O. Records and Correspondence: CONTRACTOR shall maintain monthly records of all
correspondence and financial transactions relating to operation of the Airport. The
format and content of the monthly financial report shall be subject to the approval of the
CITY's Finance Director.
P. Support of Airport Interest Groups: CONTRACTOR's management shall act as the
representative of the CITY through participation in meetings and activities of present and
future Airport user or interest groups. Reports on such meetings and events shall be
included in routine reports to the CITY.
Q. Emergency Expenditures: CONTRACTOR shall be authorized to make emergency
expenditures not to exceed $5,000 00 in situations where immediate action is deemed
necessary to protect the safety of the general public or protect physical assets of Airport.
I Report: Subsequent to authorizing emergency expenditures, CONTRACTOR
shall provide a written report to the CITY within five (5) days. The emergency
action shall be reviewed and said review must be completed within fifteen (15)
days.
Page 4 of 9
2. Reimbursement: Upon review and approval of the emergency expenditure, the
CITY shall process the request for reimbursement to CONTRACTOR.
R. CITY Reimbursement: if CONTRACTOR fails to perform any operational or financial
obligation necessary to continued operation of the Airport, CITY reserves the right to
perform such obligation of CONTRACTOR as may be necessary to assure continued
operation of the Airport and to seek reimbursement from CONTRACTOR.
S. Maintenance/Utilities:
1. Preventative Maintenance/Minor Repairs:
a) CONTRACTOR agrees to develop and carry out at its sole expense a
continuing program of preventative maintenance and minor repair
activities providing general upkeep against normal wear and tear such that
the Airport facilities are at all times in a serviceable condition for use in
the way and manner they were designed to be used. Preventative
maintenance and minor repair activities do not include major repairs as
defined in Section 6 of the Agreement. All maintenance procedures and
programs shall be consistent with requirements of Federal, State and CITY
agencies.
b) In furtherance of that responsibility,CONTRACTOR will:
1) Regularly inspect the Airport for needed maintenance and repairs;
2) Perform scheduled preventative maintenance including
preventative maintenance of the paved surfaces, hangar and other
structure preventative maintenance, signage maintenance, mowing
of grass, fencing maintenance and weather related maintenance;
3) Remove, to the greatest extent legally and practically possible,
obstructions and restrictions as identified in FAA regulations; and
4) Operate and maintain all Airport owned systems necessary and
appropriate for operation of the Airport.
2. Restorative Maintenance - Major Repairs: Subject to expenditures approved,
budgeted and authorized by the Mayor of CITY or such representative as the
Mayor shall from time to time designate in writing, CONTRACTOR agrees to
Page 5 of 9
perform restorative maintenance and major repairs. CONTRACTOR also agrees
to perform unanticipated major repairs. Unanticipated major repairs include,
without limitation, the cost of major repair or replacement of fuel pumps and
associated equipment such as fuel dispensing equipment, the fuel tanks and
pedestal due to premature failure, and the office building adjacent to the fuel
facility. All such work is subject to reimbursement by CITY as work
compensated under the procedures of Paragraph 2 of the Agreement. CITY
agrees to provide such reimbursement within thirty (30) days of presentation by
CONTRACTOR of its invoices.
3. Temporary Closure: Nothing contained herein shall be construed to require that
the Airport be operated for aeronautical use during temporary periods when snow,
flood, or other climatic conditions interfere with such operation and maintenance.
CITY shall remove snow and ice from the runways and taxiways as they
accumulate and the CONTRACTOR will remove snow and ice within the
capacity of the CONTRACTOR'S equipment.
4. Federal Facilities: Airport aids operated and maintained by the FAA shall be
specifically excluded from any maintenance requirements underthis Agreement.
5. Emergency Support Services: CONTRACTOR and the CITY shall each maintain
authorized representatives on call at all reasonable times to act on behalf of their
respective Parties for unusual, difficult, or emergency maintenance situations at
the Airport.
6. Airport Utilities And Other Charges: CONTRACTOR agrees at its sole expense
to pay all charges for the airport's electrical, water, sewer (if any), security
personnel (if any), fire system monitoring, annual fire extinguisher inspection, fire
system annual inspection, and portable sanitation units, that is not attributable to a
specific tenant or leased property. CONTRACTOR is not responsible for the
payment or collection of any storm water charges; but it is the responsibility of
the CITY Utilities for billing and collection and the airport's enterprise fund for
the payment of storm water fees.
Page 6 of 9
T. Environmental Protection.
1. With assistance from the CONTRACTOR, CITY shall develop and maintain
policies with assistance from CONTRACTOR, to assure that the Airport and
Airport tenants maintain compliance with Environmental Protection Agency
EPA) standards for treatment of waste oils, fuel, solvents, etc. which may be
used in aircraft, or related to aircraft manufacturing,servicing, or repair
2. Leases and other contracts and agreements and informational documents
developed by CITY and approved by CITY, CONTRACTOR will advise Airport
tenants of their obligation to comply with all environmental laws, including, but
not limited to, Environmental Protection Agency (EPA) standards for treatment of
waste oils, fuel, solvents, and other hazardous or toxic materials which may be
used in aircraft or in the course of aircraft manufacturing, servicing or repair,
storm water runoff, wetlands, and other laws and requirements of the United
States, the State of Washington, or CITY. Violations of those laws will be
prosecuted by the responsible government agencies against the tenants directly.
3. Leases, contracts, and other documents will also provide that Airport tenants are
liable for compliance with all such laws on their premises, and that they will
indemnify CITY and CONTRACTOR as to liability from any such
noncompliance and that such noncompliance will also be treated as an event of
tenant's default for any costs or expenses incurred as a result of the failure of
tenants to comply with environmental laws.
U. Planning,Development,and Audit:
I. Planning and Development: CITY shall, with the assistance of CONTRACTOR
and with the Airport Advisory Board, provide for planning and development of
the Airport and the surrounding Airport lands in cooperation with CITY staff.
CONTRACTOR shall encourage development of new facilities and services in
accordance with the currently approved Airport Master Plan.
2. Airport Layout Plan (ALP)- CONTRACTOR shall submit periodic input
concerning the ALP to CITY. CITY agrees to update the ALP database and
provide revised copies of the ALP as required by CONTRACTOR or interested
governing agencies.
Page 7 of 9
3. Five-year Capital Plan: CONTRACTOR shall assist with the development, and
recommend for approval, updates to the currently adopted five-year Airport
Capital Improvement Plan. The Plan shall support requests for the continuing
development of the Airport with Federal and State funding.
4. Proposed Development: In addition to the monthly reports provided for in
Paragraph 11 of the Agreement, CONTRACTOR shall provide an annual report
summarizing the current status of the Airport which shall include:
Proposed Development Plans: CONTRACTOR shall submit, as directed by the
Mayor or the Mayor's designee, proposed improvements and
developments at the Airport. These changes shall be consistent with the Airport
Master Plan and five-year Airport Capital Improvement Plan adopted and
updated periodically for the Airport.
5.Quality Review: It is agreed that CONTRACTOR will allow a review by an
independent firm of the quality of management of the Airport. This review may be
conducted annually or at any time considered appropriate. CITY may select a
firm to perform the review. CITY will also bear the cost of the review.
6. CONTRACTOR shall make all records relating to this Agreement available for
review and audit during normal business hours by the CITY and/or independent
i
auditor.
i
V. CONTRACTOR shall prepare a biennial operating projection for presentation to the
CITY that shall include the following:j
I. Biennial Budget: A detailed projection of revenues and expenses relating to
Airport operations for each calendar year shall be developed. The plan shall be
submitted by CONTRACTOR on or about August 1 of each year for review
and concurrence.
2. Capital Projection: A detailed projection of capital and major expense items
anticipated for the biennial budget and the mid term corrections.
W. Performance Standards: CONTRACTOR must perform reasonably, safely, legally,and in
a manner consistent with this Agreement. CONTRACTOR shall also be responsible to
provide, in connection with the services contemplated in this Agreement, work product
and services of a quality and professional standard acceptable to the CITY.
Page 8 of 9
CONTRACTOR shall not conduct operations in or on the Airport in a manner which in the
reasonable judgment of CITY•
1. Interferes with the reasonable use by others of the Airport.
2. Hinders police, fire department or other emergency personnel in the discharge of
their duties at the Airport.
3. Would constitute a hazardous condition at the Airport.
4 Would involve any illegal purpose.
5 Is not materially in accordance with this Agreement.
X. CONTRACTOR'S Duty to repair: CONTRACTOR shall repair any and all damage to
the property of CITY located at the Airport caused by CONTRACTOR, its agents or
employees, except to the extent the actions were required by directions of CITY.
Y. Compliance With Heightened Security Requirements: CONTRACTOR shall, if required
by additional regulatory requirements for Airport security of the FAA, Homeland
Security or any other jurisdictional agency, make changes to the security procedures
and/or equipment used to provide Airport security, provided that CITY agrees to pay as
work compensated under the procedures of Paragraph 2 of the Agreement the reasonable
out of pocket cost incurred by CONTRACTOR, subject to prior approval of the CITY, to
comply with changed requirements imposed after the effective date for capital
improvements such as additional or higher fencing, surveillance or monitoring equipment
or other capital investments which are mandated by law. CITY shall have the right to
inspect estimates of cost to comply before expenditures are made and suggest
alternatives, but CONTRACTOR shall be reimbursed its reasonably necessary cost to
comply with new security mandates within twenty days of presenting invoices for such
cost, following the inspection described above.
Z. Exclusion for Litigation Support: The Scope of Services does not include services of
CONTRACTOR for required or requested assistance to support, prepare, document,
bring, defend, or assist in litigation undertaken where defended by CITY in connection
with this Agreement in an action to which CONTRACTOR is not a party. All such
services required or requested of CONTRACTOR by the CITY, will be work
compensated under Paragraph 2 of the Agreement.
Page 9 of 9
Contracts City Council Study Session Original Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES23 Recitals Not applicable Aviation Group, LLC is hereinafter referred to as “Contractor”Recitals Not applicable ProviderAviation Management Group, LLCRecitals Not applicable Providerspecified 1. Scope of Services Not applicable Exhibit reference is Exhibit “A” for attached scope of service2. Additional Services Not applicable Specifies that the provision of services may be done through a task order process Original Section New Section Current Contract 1 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.2 The New Contract version of the Agreement for Services is based on the City’s current services contract template that has beeCity Attorney’s Office. 3 Please note that Section numbering was updated as needed to reflect changContracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract1 Notes, as applicableAviation Management Group, LLC is hereinafter referred to as “Contractor” Airport Management Group, LLC dba Aviation Management Group is hereinafter referred to as “Provider”. Community Development & Public Works Department typically uses the “Provider” reference in services agreements. Provider reference states Aviation Management Group, LLC Provider reference modified to specify Airport Management Group, LLC dba Aviation Management Group. Change reflects formal business name of Provider on file with the Washington Secretary of State’s OfficeProvider address not specified Provider address specified. Not applicableExhibit reference is Exhibit “A” for attached scope of services Exhibit reference modified to Exhibit “1”. Agreement for Services is Exhibit “A” to the adopting resolution necessitating a change in the exhibit reference for the scope of services. Specifies that the provision of additional services may be done through a task order Modified to specify that the provision of additional services beyond the scope of work and not addressed in the authorize compensation shall be authorized through a contract amendment Update of Swith current contract provisions and ensure that any work requested by the City beyond that authorized by the agreement for services is through the appropriate contract amendment process utilized by the CityCurrent Contract New Contract4 Notes, as applicable” in the new Scope of Services is replaced by the term “Provider”. The New Contract version of the Agreement for Services is based on the City’s current services contract template that has been reviewed and approved by the Please note that Section numbering was updated as needed to reflect changes in the Agreement content. Page 1 Notes, as applicable Community Development & Public Works Department typically uses the “Provider” n services agreements. flects formal business name of on file with the Washington Secretary of State’s Office. Not applicable Agreement for Services is Exhibit “A” to the adopting resolution necessitating a change in the exhibit reference for the scope of services. Update of Section is intended to comply with current contract provisions and ensure that any work requested by the City beyond that authorized by the agreement for services is addressed through the appropriate contract amendment process utilized by the City Notes, as applicable n reviewed and approved by the
Contracts City Council Study Session Reference Reference (if applicable) AGREEMENT FOR SERVICES 3. Performance of Additional Services Prior to Execution of Task Order Not applicable Exhibit reference is Exhibit “A” forscope of services4. Contractor’s Representations Not applicable Contractor specifies it has all appropriate licenses and certifications to perform services5. Schedule Not applicable Specifies ten (10) days for response to written notice by City 4 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Exhibit reference is Exhibit “A” for attached scope of services Exhibit reference is Exhibit “A” for attached scope of services. Not applicableContractor specifies it has all appropriate licenses and certifications to perform services Modified reference to Contractor to Provider. Not applicableSpecifies ten (10) days for response to written notice Modified time reference ten (10) working days for response to written notice by City. Provides clarification to Provider of the actual response timeframe by clarifying that only working days (i.e. Monday through Friday) shall be counted. ” in the new Scope of Services is replaced by the term “Provider”. Page 2 Not applicable Not applicable Provides clarification to Provider of the actual response timeframe by clarifying that only working days (i.e. Monday through Friday) shall be counted.
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 6. City Responsibilities Not applicable Section 6.e.1 specifies that the City shall allow access to Airport Facilities and shall allow use of 1,350 square feet of the 506 Building as the Airport OfficeSection 6.f provide adefinition of Major Capital Improvement, Major Repairs and Equipment Replacement Expenses Not Applicable 7. Prevailing Wages New Section not in current contract Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as Section 6.e.1 specifies that the City shall allow access to Airport Facilities and shall allow use of 1,350 square feet of the 506 Building as the Airport Office Section 6.f provide a definition of Major Capital Improvement, Major Repairs and Equipment Replacement Expenses Section 6.e.1 specifies that the City will allow access to Airport Facilities. Section 6.e.2 specifies that the City will allow use of all or a portion of the Airport Management Office building, the area of which will be agreed to by the parties. Modified Section 6.f to add language that provides a dollar value threshold for what Major Repairs are and clarifies what Major Equipment Replacements. The specific square fwas removed to recognize and provide flexibility for changes in the actual square footage usage by the Provider. City staff and Provider jointly agreed that language in current contract did not provide adequate clarity and direction on the appropriate divisions of responsibilities between the parties and that modifying this language was needed to minimize uncertainty that could impact timely response.New Section not in current contract Added new paragraph (s) pertaining to prevailing wages The Airport is a public owned facility. Certain services conducted at the airport (e.g. janitorial services and landscape maintenance services)conducted by the provider or a third party,can be subject to statufor the payment and reporting of prevailing wages. Page 3 Notes, as applicable The specific square footage reference was removed to recognize and provide flexibility for changes in the actual square footage usage by the Provider. City staff and Provider jointly agreed that language in current contract did not provide adequate clarity and direction on he appropriate divisions of responsibilities between the parties and that modifying this language was needed to minimize uncertainty that could impact timely response. The Airport is a public owned facility. Certain services conducted at the airport (e.g. janitorial services and landscape maintenance services), whether conducted by the provider or a third party, can be subject to statutory requirements for the payment and reporting of prevailing wages.
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 7. Acceptable Standards 8. Acceptable Standards Section expectation for quality of service and work product for the Provider8. Cooperation This Section is not in the new Agreement for Services Section 8 specifies areas of cooperation between the two parties to the Agreement 5Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the mmechanics. Prevailing wages are established, by the Department of Labor & Industries, for each trade and occupation employed They are established separately for each county, and are reflective of locthat is executed at the cost of the state or any other local public agency. This includes, but is not limited to, road construction, building construction, ferry construction and utilities construction. Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as applicableSection 7 specifies an expectation for quality of service and work product for the Provider Modified Section 7 to add language specifying the need to pay prevailing wages5, when applicable and specifies that City shall be responsible for determining when need to be paid. Case law has established that local governments are required to insure that prevailing wages, when applicable, are paid including those instances where the City has contracted for the provision of services such as airport management.Section 8 specifies areas of cooperation between the two parties to the Agreement Removed Section 8 in its entirety. This Section is not an element in the current services agreement template and was deemed unnecessary by Community Development and Public Works with concurrence from the City Attorney’s Office. As well, the issues addressed in this Sectioneither in the Agreement for Services or the Scope of Services. Jamelle GarManaging Member, Aviation Management Group, concurred with the removal of this Section. Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of wmechanics. Prevailing wages are established, by the Department of Labor & Industries, for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. Public work is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, janitorial services, demolition, remodeling, renoroad construction, building construction, ferry construction and utilities construction. Source: Washington State Department of Labor and Industries Page 4 Notes, as applicable Case law has established that local governments are required to insure that prevailing wages, when applicable, are paid including those instances where the City has contracted for the provision of services such as airport management. This Section is not an element in the current services agreement template and eemed unnecessary by Community Development and Public Works with concurrence from the City Attorney’s Office. As well, the issues addressed in this Section are substantively covered either in the Agreement for Services or the Scope of Services. Jamelle Garcia, Managing Member, Aviation Management Group, concurred with the removal of this ajority of workers, laborers, and in the performance of public work. al wage conditions. Public work is all work, construction, alteration, repair or improvement demolition, remodeling, renovation, Source: Washington State Department of Labor and Industries
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 9. Compensation Not applicable Section 9.acontract amount to be billed on a monthly basis and invoice procedures10. Terms of Agreement Not applicable Section 10 specifies the two (2) year term of the agreement11. Reports Not applicable Section 11 specifies reporting procedures12. Records Inspection and Audit Not applicable Section 12 specifies procedures for records inspection and auditing 13. Continuation of Performance Not applicable Section 13 specifies expectation of Provider to act in good faith in the provision of services in the event that there is a dispute or a conflict 14. Administration of Agreement Not applicable Section 14 specifies City and Provider contact information Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as applicableSection 9.a-c specifies contract amount to be billed on a monthly basis and invoice procedures No change Not applicableSection 10 specifies the two (2) year term of the agreement Modified to specify current Agreement term. Not applicableSection 11 specifies reporting procedures Modified to change Section name to “Ownership and Use of Documents and to specify current City requirements for document management and retention. Certain specreporting, attendance at meetings) have been addressed in the Scope of Services. Section 12 specifies procedures for records inspection and auditing No change Not applicable Section 13 specifies expectation of Provider to act in good faith in the provision of services in the event that there is a dispute or a conflict No change Not applicable Section 14 specifies City and Provider contact information Modified with updates City and Provider contact information. Not applicable Page 5 Notes, as applicable Not applicable Not applicable Certain specifications (e.g. financial reporting, attendance at meetings) have been addressed in the Scope of Services. Not applicable Not applicable Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 15. Notices Not applicable Section 15 specifies notice procedures between the parties to the Agreement 16. Insurance Not applicable Section 16 specifies insurance requirements for the Provider17. Indemnification Not applicable Section 17 specifies indemnification requirements18. Assignment Not applicable Section 18 specifies assignment or transfer obligations pertaining to the Agreement Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as applicSection 15 specifies notice procedures between the parties to the Agreement Modified to makes limited word changes for consistency with current contract language (e.g. “any party” to “either party”). Not applicable Section 16 specifies insurance requirements for the Provider Modified with requirements for Provider to be consistent with current City insurance standards pertaining to the Airport. City’s Risk and Safety Analyswith Provider’s insurance company on updated language with oversight and concurrence from City’s Community Development and Public Works Director and Jamelle Garcia, Managing Member, Aviation Management Group.on 17 specifies indemnification requirements Modified with updates Section title and language to be consistent with current City indemnification/hold harmless requirements. City’s Risk and Safety Analyst provided updated language that was reviewed and accepted by Jamelle Garcia, Managing Member, Aviation Management Group.Section 18 specifies assignment or transfer obligations pertaining to the Agreement Modified Section 18 reference to specify new Section 17 reference. Not applicable Page 6 Notes, as applicable Not applicable City’s Risk and Safety Analyst worked with Provider’s insurance company on updated language with oversight and concurrence from City’s Community Development and Public Works Director and Jamelle Garcia, Managing Member, Aviation Management Group. City’s Risk and Safety Analyst provided updated language that was reviewed and accepted by Jamelle Garcia, Managing Member, Aviation Management Group. pplicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES Not Applicable 19. Nondiscrimin-ation New Section not in current contract19. Services in Potential Competition with Provider 20. Services in Potential Competition with Provider Section 19 specifies City expectations for Provider regarding treatment of clients, customers and tenants of the Airport that compete or potentially compete with a business of the Provider or with a business of the Provider in which any principal, partner or participant of the Provider is also a principal, partner or participant. 20. Amendment, Modification or Waiver 21. Amendment, Modification or Waiver Section 20 specifies methods for amending, modifying or waiving any element of the Agreement. Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as applicableNew Section not in current contract Added new paragraph under Section 19 regarding Nondiscrimination. This new Section is standard language in current City services agreement that is supported by the City Attorney’s Office. Added language reviewed and accepted by Jamelle Garcia, Managing Member, Aviation Management Group.Section 19 specifies City expectations for Provider regarding treatment of clients, customers and tenants of the Airport that compete or potentially compete with a business of the Provider or with a business of the Provider in which any principal, or participant of the Provider is also a principal, partner or participant. Modified Section 19 reference to specify updated Section 20 reference and added language addressing current or future business or other relationships of Provider with private hangar owners or tenants. Provider has existing business and other relationships with private hangar owners and tenants that the City has previously acknowledged and accepted as long as these relationships have not interfered with the provision of airport manaservices, which they have not. City staff and Provider agreed that it would be appropriate to recognize these current relationships and provide a formal mechanism for making the City aware of any future relationships and allowing the City to formallrelationships to ensure that there is no interference with the Provider’s contractual responsibility to provide airport management services. Section 20 specifies s for amending, modifying or waiving any element of the Agreement. Modified Section 20 reference to specify updated Section 21 reference. Not applicable Page 7 Notes, as applicable This new Section is standard language in current City services agreement that is supported by the City Attorney’s Office. Added language reviewed and accepted by Jamelle Garcia, Managing Member, Aviation Management Group. Provider has existing business and other relationships with private hangar owners and tenants that the City has previously acknowledged and accepted as long as these relationships have not interfered with the provision of airport management services, which they have not. City staff and Provider agreed that it would be appropriate to recognize these current relationships and provide a formal mechanism for making the City aware of any future relationships and allowing the City to formally authorize these relationships to ensure that there is no interference with the Provider’s contractual responsibility to provide airport management services. Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 21. Remedies not Limited 22. Remedies not Limited Section 21 specifies that nothing in the Agreement shall limit the remedies or rights of the parties.22. Termination 23. Termination Section 22 specifies the procedures for termination of the Agreement by either party.23. Parties in Interest 24. Parties in Interest Section 23 specifies that the Agreement is binding on the parties to it and does not create third party relationships with Providers, suband their sureties. Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as Section 21 specifies that nothing in the Agreement shall limit the remedies or rights of the parties. Modified Section 21 reference to specify updated Section 22 reference. Not applicableSection 22 specifies the procedures for termination of the Agreement by either party. Modified Section 22 reference to specify updated Section 23, reference, Section title reference to add “and Suspension” Section 22.a to change the “business days” reference to “working days”. Modify Section 22.b to make the written notice of termination eligible for both parties. Modify Section 22.c to reference the appropriate exhibit pertaining to the fees for services. City staff andworking days’ reference is a more appropriate contractual reference. The current Agreement does not provide a termination opportunity to the Provider. City staff and Provider both agree that both parties should have the same rterminate following written notice. Section 23 specifies that the Agreement is binding on the parties to it and does not create third party relationships with Providers, sub-providers and their sureties. Modified Section 23 reference to specify updated Section 24 reference. Not applicable Page 8 Notes, as applicable applicable City staff and Provider both agree that the working days’ reference is a more appropriate contractual reference. The current Agreement does not provide a termination opportunity to the Provider. City staff and Provider both agree that both parties should have the same right to terminate following written notice. Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 24. Costs to Prevailing Party 25. Costs to Prevailing Party Section 24 specifies that the prevailing party shall be entitled to receive reasonable costs and attorney’s fees in litigation or legal actions.25. Applicable Law 26. Applicable Law Section 25 references how this Agreement and the rights of the parties shall be governed.26. Captions, Heading and Titles 27. Captions, Headings and Titles Section 26 specifies limitations on application or meaning of captions, headings and titles.27. Severable Provisions 28. Severable Provisions Section 27 specifies each provision of the Agreement is intended to severable and that if any provision is deemed illegal or invalid, the validity of the remainder of the Agreement is not affected. Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as applicableSection 24 specifies that the prevailing party shall be entitled to receive reasonable costs and attorney’s fees in litigation or legal actions. Modified Section 24 reference to specify updated Section 25 reference. Not applicableSection 25 references how this Agreement and the rights of the parties shall be governed. Modified Section 25 reference to specify updated Section 26 reference. Not applicableSection 26 specifies limitations on application or meaning of captions, headings and titles. Modified Section 26 reference to specify updated Section 27 reference. Not applicableSection 27 specifies that each provision of the Agreement is intended to severable and that if any provision is deemed illegal or invalid, the validity of the remainder of the Agreement is not affected. Modified Section 27reference to specify updated Section 28 reference. Not applicable Page 9 Notes, as applicable Not applicable Not applicable Not applicable applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractAGREEMENT FOR SERVICES 28. Entire Agreement 29. Entire Agreement Section 28 specifies that the Agreement is the entire understanding of both parties and supersedes all prior agreements and understandings between the parties. 29. Counterparts 30. Counterparts Section 29 specifies how the Agreement may be executed and contains signatory lines. Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract Notes, as applicableSection 28 specifies that the Agreement is the entire understanding of both parties and supersedes all prior agreements and understandings between the parties. Modified Section 28 reference to specify updated Section 29 reference. Not applicable Section 29 specifies how the Agreement may be executed and contains signatory lines. Modified Section 29 reference to specify updated Section 30 reference and updated signatory line for Provider. Signatory line reflects formal name of Provider – LLC dBA Aviation Management Group. Page 10 Notes, as applicable Not applicable Signatory line reflects formal name of Airport Management Group, LLC dBA Aviation Management Group.
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES A. Not applicable Specifies direct role of Providerin the preparation, negotiation, administration and enforcement of lease agreements, contracts, documents and instruments.B. Not applicable Specifies that Provider will request, demand and initiate collection activities for rent and other charges. C. Not applicable Specifies that Provider may propose capital improvements or property development D. Not applicable Specifies that Provider will manage and operate the Airport per Agreement for Services, 7 days a week, 24 hours a day. 6 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract6 Specifies direct role of Provider in the preparation, negotiation, administration and enforcement of lease agreements, contracts, documents and instruments. Modified to specify that the Provider shall assist the City rather than take a direct role in the administration and enforcement of lease agreements, contracts, documents and instruments The City is the more appropriate lead in the preparation, negotiation, administration and enforcement of lease agreements, contracts, documents and instruments. City has additional capacity in these artime real property analyst in City administration. Further, reduces any potential conflict of interest situations for the Provider.Specifies that Provider will request, demand and initiate ivities for rent and Modified to clarity that any commencement of legal proceedings is subject to final approval of City and that the City may handle the legal proceedings. The Airport is a City asset and Enterprise Fund. The City Attorney’sutilized to address needed legal actions depending on the outstanding situation.Specifies that Provider may propose capital improvements or property development work. No change Not applicablethat Provider will manage and operate the Airport per Agreement for Services, 7 days a week, 24 hours a day. No change Not applicableThe term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 11 Notes, as applicable The City is the more appropriate lead in the preparation, negotiation, administration and enforcement of lease agreements, contracts, documents and instruments. City has additional capacity in these arenas with the addition of a full-time real property analyst in City administration. Further, reduces any potential conflict of interest situations for the Provider. The Airport is a City asset and Enterprise Fund. The City Attorney’s Office may be utilized to address needed legal actions depending on the outstanding situation. Not applicable Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES E. Not applicable Specifies range of services to be provided by Provider. F. Not applicable Specifies Provider’s provision of fueling services.G. Not applicable Specifies Provider’s role in development, submittal and oversight of rates, fees and charges at the Airport.H. Not applicable Specifies Provider’s role in assisting in dealing with Federal and State authorities. 7 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract7 Specifies range of services to be provided by Provider. Modified to specify only janitorial services not provided for through leases or if the space is vacant Certain leases specify that the lessee is responsible for janitorial services are not typically utilized for vacant leasable space on a regular basis. Specifies Provider’s provision of fueling services. Modified to specify that Provider shall provide quarterly reporting of fuel service revenue and expenses City staff and Provider jointly agreed that quarterly reporting of fuel service revenue and expenses will provide a more detailed description of airport fuel services. In particular, fuel service expenses do not always traexpense is incurred. Specifies Provider’s role in development, submittal and oversight of rates, fees and charges at the Airport. Modify to remove language pertaining to Provider’s potential conflict of interest Provider has notified City staff that Aviation Management Group does not have any current ownership or controlling interest in an Airport tenant and does not plan to have said interest during the term of the new Agreement. ovider’s role in assisting in dealing with Federal and State authorities. No change Not applicablem “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 12 Notes, as applicable Certain leases specify that the lessee is responsible for janitorial services; janitorial services are not typically utilized for vacant leasable space on a regular City staff and Provider jointly agreed that quarterly reporting of fuel service revenue and expenses will provide a more detailed description of airport fuel services. In particular, fuel service expenses do not always track within the month the expense is incurred. Provider has notified City staff that Aviation Management Group does not have any current ownership or controlling interest in an Airport tenant and does not plan to have said interest during the term of the new Agreement. Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES I. Not applicable Specifies that there is no exclusive right for Airport use by any persons providing or intending to provide aeronautical services to the public shall be permitted.J. Not applicable Specifies Provider’s provision of security servK. Not applicable Specifies expectations for Hours of Operation atAirport. 8 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract8 Specifies that there is no exclusive right for Airport use by any persons providing or intending to provide aeronautical services to the public shall be permitted. No change Not applicableSpecifies Provider’s provision of security services. Modified to 1) specify tenant rather than hangar in monthly security billing; 2) reference the security rate specified in the Auburn Master Fee Schedule; 3) remove language pertaining to monthly billing to the City for security services. Tenants ratThe current contract specifies an exact monthly fee rather than the fee established in the Auburn Master Fee Schedule that may be adjusted by action of the Auburn City Council. The Provider’s security fee will be incorporated imonthly invoice for services rather than separately invoiced. The remainder of the fee not paid to Provider shall be used for capital improvements to or repair of security systems.Specifies expectations for Hours of Operation at the No change Not applicableThe term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 13 Notes, as applicable Not applicable Tenants rather than hangars are billed. The current contract specifies an exact monthly fee rather than the fee established in the Auburn Master Fee Schedule that may be adjusted by action of the Auburn City Council. The Provider’s security fee will be incorporated into its monthly invoice for services rather than separately invoiced. The remainder of the fee not paid to Provider shall be used for capital improvements to or repair of security systems. Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES Not applicable L. New Section not in current contract L. M. Specifies Operating Policies and Procedures and Provider’s roles and responsibilities. M. N. Specifies Collection of Fees and Rentals and Providroles and responsibilities. Section New Section Current Contract 9 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract9 New Section not in current A new Section L is created pertaining to afterhours call-out resulting from emergency response. Previous Section L in current contract is now Section M with resulting subsequent Section reference modifications. Provider requested that language be added perinclusive of the Provider’s callCity concurred and also requested that language be added pertaining to notification to the City, provision of needed documentation by Provider to City and assistance by Provider to Crecovering costs. Provider concurred with City’s requested language. Specifies Operating Policies and Procedures and Provider’s roles and responsibilities. No change Not applicableSpecifies Collection of Fees and Rentals and Provider’s roles and responsibilities. Specifies timeframe for deposit of cash receipts. Specifies that Provider shall copy the Community Development and Public Works Department on a standard monthly accounting report of all collections. Specifies that Provider will provide this accounting report within 5 working days after the end of the month the collections occur. City staff and Provider concurred that modifications help clarify information sharing and submittal timeframe expectations. Current Contract New Contract10 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 14 Notes, as applicable Provider requested that language be added pertaining to afterhours call-out inclusive of the Provider’s call-out rate. City concurred and also requested that language be added pertaining to notification to the City, provision of needed documentation by Provider to City and assistance by Provider to City in recovering costs. Provider concurred with City’s requested language. Not applicable City staff and Provider concurred that modifications help clarify information sharing and submittal timeframe expectations. Notes, as applicable
Contracts City Council Study Session Reference Reference (if applicable) SCOPE OF SERVICES Not applicable O. New Section not in current contract N. P. Specifies Emergency Preparedness and Provider’s roles and responsibilities 10 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 New Section not in current A new Section O is created entitled Credit Card Processing pertaining to credit card processing, if applicable. Previous Section O in current contract is now Section Q. Provider does not currently process credit cards for payment of fees other than fueling. City Finance Director requested that this language be added in the event that the Provider does decide to engage in credit card processing activities. Specifies Emergency Preparedness and Provider’s roles and responsibilities This Section was previous Section O in current contract. No change in Section language. Not applicable The term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 15 Provider does not currently process credit cards for payment of fees other than g. City Finance Director requested that this language be added in the event that the Provider does decide to engage in credit card processing activities. Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES O. Q. Specifies Financial Reports Provider’s roles and responsibilities.P. R. Specifies Support of Airport Interest Groups and Provider’s roles and responsibilities. 11 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract11 Specifies Financial Reports and Provider’s roles and responsibilities. This Section modifies previous Section O in current contract. Section is now entitled Finance Reports. Specifies types of financial transaction reporting. Specifies Community Development Director and Assistant Director of Engineering Services/City Engineer will be copied on approval of format and content of monthly financial reports. Specifies financial reports shall be submitted within 5 working days after end of the month. City staff and Provider concurred thamodifications help clarify information sharing and submittal timeframe expectationsSpecifies Support of Airport Interest Groups and Provider’s roles and responsibilities. This Section was previous Section P in current contract. No change in Section language. Not applicableThe term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 16 Notes, as applicable City staff and Provider concurred that modifications help clarify information sharing and submittal timeframe expectations Not applicable
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES Q. S. Specifies Emergency Expenditures and Provider’s roles and responsibilities.R. T. Specifies City Reimbursement and City’s/Provider’s roles and responsibilities.S. U. Specifies Maintenance/Utilities and Provider’s roles and responsibilities 12 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract12 Specifies Emergency Expenditures and Provider’s roles and responsibilities. This Section was previous Section Q in current contract. No change in Section language. Not applicableSpecifies City Reimbursement and City’s/Provider’s roles and responsibilities. This Section was previous Section R in current contract. No change in Section language. Not applicableSpecifies Maintenance/Utilities and Provider’s roles and responsibilities This Section was previous Section S. in current contract. Modifies numeric sub-references to roman numeral sub-references in U.1.b. Adds term “existing or upgraded” Airport owned systems to U.1.b.iv. Adds terms “inclusive of lighting and markings necessary for runway operations” to end of U.1.b.iv. Adds language to U.3 (Temporary Closure) regarding procedures for snow and ice removal. City staff and Provider concurred that language additions to this Section help to clarify shared understanding of expected actions. The term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 17 Notes, as applicable Not applicable Not applicable City staff and Provider concurred that language additions to this Section help to clarify shared understanding of expected
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES Not applicable V. New Section not in current contract T. W. Specifies Environmental Protection provisions and Provider’s roles and responsibilities. U. X. Specifies Planning, Development and Audit andProvider’s roles and responsibilities. 13 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract13 New Section not in current A new Section V is created entitled Industrial Stormwater Permit Compliance pertaining to Provider’s role in helping the City maintain compliance with the required Washington State permit for the Airport. Previous Section V in current contract is now Section W. Provider has previously been assisting the City with this effort. City staff and Provider concurred that it was beneficial for clarity to specify roles and responsibilities for both parties in this effort going forward to ensure that there is no uncertaintact, as required and needed. Specifies Environmental Protection provisions and Provider’s roles and responsibilities. Minor modification (language relocation) at opening of W.1. Struck W.3 from current contract in new contract. City staff and Provider concurred that W.3 in the current contract is more appropriately addressed in individual lease agreements and is unnecessary in the Scope of Services for the Provider. Specifies Planning, Development and Audit and Provider’s roles and responsibilities. This Section was previous Section U. in current contract. Removes X.4 (U.4 in current contract) pertaining to proposed development. Removes X.6 (U.6 in current contract) pertaining to making records available for review and audit. City staff and Provider concurred on the Removal of X.4 (U.4 in current contract) pertaining to proposed development. City staff and Provider concurred on the removal of X.6 (U.6 in current contract) because it is already substantively addressed in the Section of the Agreement for Services entitled Records Inspection and Audit.The term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 18 Notes, as applicable Provider has previously been assisting the City with this effort. City staff and Provider concurred that it was beneficial for clarity to specify roles and responsibilities for both parties in this effort going forward to ensure that there is no uncertainty or unintentional failure to act, as required and needed. City staff and Provider concurred that W.3 in the current contract is more appropriately addressed in individual lease agreements and is unnecessary in the Scope of Services for the Provider. City staff and Provider concurred on the Removal of X.4 (U.4 in current contract) pertaining to proposed development. City staff and Provider concurred on the removal of X.6 (U.6 in current contract) because it is already substantively ressed in the Section of the Agreement for Services entitled Records Inspection and Audit.
Contracts City Council Study Session Section Reference New Section Reference (if applicable) Current ContractSCOPE OF SERVICES V. Y. Specifies Biennial Budget preparation and Provider’s roles and responsibilities. W. Z. Specifies Performance Standards and Provider’s roles and responsibilities.X. AA. Specifies Provider’s Duty to Repair and Provider’s roles and responsibilities.Y. BB. Specifies Compliance with Heightened Security Requirements and Provider’s roles and responsibilities.Section New Section Current Contract 14 The term “Contractor” in the new Scope of Services is replaced by the term “PContracts Crosswalk for Airport Management Services March 13, 2017 Current Contract New Contract14 Specifies Biennial Budget preparation and Provider’s roles and responsibilities. This Section was previous Section V. in current contract. Modifies subsection from current contract that referenced Provider’s submittal of information under the sub-headings of Biennial Budget and Capital Projection to the sub-headings and associated text identified as Revenues, Expenses and Capital Improvements. City staff and Provider concurred that language modifications in the subsections provide additional clarity pertaiCity’s needs and expectations for budget related information. Specifies Performance Standards and Provider’s roles and responsibilities. This Section was previous Section W. in current contract. No change in Section language. Not applicableSpecifies Provider’s Duty to Repair and Provider’s roles and responsibilities. This Section was previous Section X. in current contract. Removes language “except to the extent the actions were required by the direction of the City.” City staff and Provider concurred that removed language was not needed.Specifies Compliance with Heightened Security Requirements and Provider’s roles and responsibilities. This Section was previous Section Y. in current contract. No change in Section language. Not applicableCurrent Contract New Contract15 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 19 Notes, as applicable City staff and Provider concurred that language modifications in the subsections provide additional clarity pertaining to the City’s needs and expectations for budget related information. applicable staff and Provider concurred that removed language was not needed. Not applicable Notes, as applicable
Contracts City Council Study Session Reference Reference (if applicable) SCOPE OF SERVICES Z. CC. Specifies Exclusion for Litigation Support pertaining to services requested of Provider for litigation support. RESOLUTION No. 5166 Item III – AA. DD. Specifies Wildlife Depredation and Provider’s roles and responsibilities. Previously Section AA approved through Amendment #1 to the original agreement 15 The term “Contractor” in the new Scope of Services is replaced by the term “Provider”.Contracts Crosswalk for Airport Management Services March 13, 2017 Specifies Exclusion for Litigation Support pertaining to services requested of Provider for litigation support. This Section was previous Section Z. in current contract. No change in Section language. Not applicableSpecifies Wildlife Depredation and Provider’s roles and responsibilities. Previously Section AA approved through Amendment #1 to the original Section DD was added to incorporate the previous amendment language. No change in Section language. Not applicable. The term “Contractor” in the new Scope of Services is replaced by the term “Provider”. Page 20 Not applicable Not applicable.
AGENDA BILL APPROVAL FORM
Agenda Subject:
Regional Water Supply Discussion (30 Minutes) (Snyder)
Date:
March 6, 2017
Department:
CD & PW
Attachments:
Regional Water Supply 3-13-2017
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
In October 2015, staff discussed with the City Council two options for meeting future
water supply demands and for providing redundant supplies when existing supplies
are out of service for maintenance and rehabilitation. These options fall into two basic
categories:
• Investing in Auburn-owned supplies
• Purchasing additional regional water supply from Tacoma Public Utilities
(Tacoma) and the Cascade Water Alliance (CWA)
Under the terms of the 2013 agreement with the CWA, the City must notify CWA by
June 30, 2017 if it intends to purchase additional regional water supply, in addition to
the regional water supply that Auburn has already purchased from CWA and Tacoma.
Staff is meeting with CWA staff in late March to discuss this water supply option, and
is seeking the City Council’s affirmation of its previous decision to invest in Auburn-
owned sources rather than purchase additional regional water supply.
History of Regional Water Supply Purchases
Under the terms of agreements with Tacoma and CWA, Auburn paid System
Development Charges (SDCs) to Tacoma and CWA for the right to use regional
surface water to augment Auburn’s own groundwater and spring supplies.
• 2012 – paid Tacoma $5.2 million for 1.0 million gallons per day (mgd) average
day use [1.8 mgd peak day use]
• 2013 – agreed to pay CWA a total of $10.1 million over the period 2017 through
2029 for 2.5 mgd average day use [3.32 mgd peak day use] for water supplied
by Tacoma
Note that the City also pays for the actual water supplied by Tacoma. The current rate
for purchasing Tacoma water is $2.12 per 100 cubic feet (ccf) from October through
May (“winter water use”), and $2.64 per ccf from June through September (“summer
peak”).
Water Supply Options
Option 1: Investing in Auburn-Owned Supplies. Auburn’s Comprehensive Water
Plan identifies projects to increase water supply capacity for Coal Creek Springs and
for several wells to add redundancy and reliability to Auburn’s supply sources. The
Coal Creek Springs enhancement is proposed for implementation within the next 10
years. Coal Creek Springs is Auburn’s most productive and cost-effective supply
source. Future well projects will further increase supply and preserve the water rights
associated with these projects.
Option 2: Purchasing Additional Regional Water Supply from Tacoma and CWA.
The 2013 agreement with CWA allows Auburn the option of purchasing the right to
use up to an additional 2.763 mgd average daily use (3.68 mgd peak day use) of
regional water supplied by Tacoma. Auburn would pay CWA $1.98 million and would
pay Tacoma $8.99 million between 2017 and 2029, for a total cost of $10.97 million.
Conclusions
• The 3.5 mgd average day use (5.12 mgd peak day use) already purchased by
Auburn from the regional supply provides sufficient redundancy to help Auburn
address any unforeseen supply outages.
• Auburn’s existing water supplies and future planned improvements are sufficient
to meet projected future water demands.
• The capital cost of expanding Auburn water supplies on a per mgd basis is less
than the capital cost of purchasing additional Tacoma water.
• Future water rate increases would be less with expanded Auburn supplies than
with purchasing additional Tacoma capacity.
• Use of Auburn supplies would minimize the purchase of more expensive
Tacoma water under the existing Tacoma contract.
• Water produced from Auburn supplies is more cost-effective than Tacoma
supplies.
• The diversity of Auburn’s supplies (springs and wells distributed throughout the
service area) minimizes risk and improves operational flexibility.
Recommendations
1. Invest in expanding Auburn’s water supply to meet future peak demands and
provide redundancy.
2. Do not purchase from CWA and Tacoma the additional regional water supply of
up to 2.763 mgd average day use.
Reviewed by Council Committees:
Councilmember: Staff:Tobin
Meeting Date:March 13, 2017 Item Number:
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
ENGINEERING SERVICES
REGIONAL WATER
SUPPLY DISCUSSION
LISA TOBIN, UTILITIES ENGINEERING MANAGER
CITY COUNCIL STUDY SESSION
MARCH 13, 2017
Community Development and Public Works Department
Engineering Services Administrative Services Environmental Services
Community Development Services Maintenance & Operations Services
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2012 -Purchased 1.8 mgd from Tacoma
–$5.2 M
2013 –Purchased 3.32 mgd from
Cascade Water Alliance (CWA ) -$10.1 M
2013 –Option with CWA and Tacoma
for additional 3.68 mgd -$10.97 M
Option Deadline June 30, 2017
TONIGHT -REVIEW AUBURN’S PARTICIPATION IN
REGIONAL WATER SUPPLY
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
AUBURN’S WATER SUPPLY AND DEMAND
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
0.0
5.0
10.0
15.0
20.0
25.0
30.0
Flow (mgd)Water Supply Capacity with Coal Creek Springs Improvements
Coal Creek Springs West Hill Springs Well 5 5A 5B
Well 1 Well 4 Well 2
Well 6 Coal Creek Improvement Tacoma (Existing)
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
FUTURE AUBURN WATER SUPPLIES
Project New Peak
Capacity, mgd
Estimated Cost
(2014 $)
Coal Creek Springs
& Howard Road
Expansion
4.3 $5.8 M
Well 7* or Wells
3A/3B Treatment
4.0 $9 M -$12 M
Algona Well
Relocation
0.7 $1.5 M
*Well 7 can use Wells 3A/3B water right
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
COST/BENEFIT EVALUATION
Auburn Tacoma/CWA
Additional source capacity e.g., Coal Creek Springs
Improvements
Regional interties
Availability of sources 2020+Now
Additional peak quantity, mgd 4.3 mgd 3.68 mgd
Capital Cost (2017 $)$5.8 million
($1.35 million per mgd)
$10.97 million
($2.96 million per mgd)
Operating Cost, $/100 cubic feet $0.36 $2.12 -2.64
Utility rate impact Lower (2.6% average
annually over 20 years)
Higher (3.0% average
annually over 20 years)
Reliability Medium to High Medium to High
Risk Low Medium
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
WHICH WATER SUPPLY SERVICE STRATEGY SHOULD
AUBURN PURSUE TO ENSURE SUFFICIENT
REDUNDANCY?
Invest in Auburn’s water supply sources
and minimize regional water purchases
from Tacoma
OR
Purchase additional block of water from
Tacoma/CWA
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Auburn can meet demands to buildout
Tacoma supply block already purchased provides
sufficient redundancy
Auburn has options to perfect its water rights and
increase its independent supply that result in
highest ROI
Staff recommends invest in Auburn
supply sources and not purchase
additional Tacoma/CWA supply block
CONCLUSIONS & RECOMMENDATIONS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
DISCUSSION
AGENDA BILL APPROVAL FORM
Agenda Subject:
Domestic Violence Enforcement and Prosecution Report
(10 Minutes) (Lee/Heid)
Date:
March 7, 2017
Department:
Police
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:Bob Lee
Meeting Date:March 13, 2017 Item Number: