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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jan Schuette
1. Minutes of the December 6 and December 13, 2021 Council meetings ATTACHMENT A
2. Accounts Payable
Approval of EFT Payments and Claims Checks #104299 through #104422,
dated December 7, 2021 through December 20, 2021 for $1,634,817.69;
Approval of Payroll EFT Payments and Checks #30133 through #30143,
dated November 1, 2021 through November 30, 2021 for $1,267,297.29;
Approval of EFT Payments and Claims Checks: #104299 through #104422
dated December 7, 2021 through December 20, 2021 for $1,634,817.69;
#104423 through #104488 dated December 21, 2021 through
December 30, 2021 for $1,171,720.80; #104489 through #104498 dated
January 1, 2022 through January 3, 2022 for $38,565.54; Approval of Payroll
EFT Payments and Checks #30133 through #30143 dated November 1, 2021
through November 30, 2021 for $1,267,297.29.
3. Contract with Pacific Groundwater Group for services associated with ATTACHMENT B
the Haller Wellfield Improvement Project
Arlington City Council Meeting
Monday, January 3, 2022 at 7:00 pm
City Council Chambers – 110 E 3rd Street
PUBLIC HEARING
NEW BUSINESS
1. Pole Attachment Agreement with Public Utility District No. 1 ATTACHMENT C
of Snohomish County
Staff Presentation: Paul Ellis
Council Liaison: Debora Nelson
2. Contract with Arlington Community Resource Center ATTACHMENT D
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jan Schuette
3. Resolution of the Arlington Airport Commission relating to ATTACHMENT E
Consumer Price Indexed leases at the Arlington Municipal Airport
Staff Presentation: Dave Ryan
Council Liaison: Michele Blythe
4. Resolution for a “Center of Excellence” to be established within the ATTACHMENT F
northwest portion of the Airport Business Park
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
5. Ordinance establishing a water rate adjustment for customers outside ATTACHMENT G
the city limits of Arlington
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
DRAFT
Page 1 of 4
Monday, December 6, 2021
Councilmembers Present: Michele Blythe, Jan Schuette, Debora Nelson, Marilyn Oertle, Heather Logan, Don Vanney and Mike Hopson.
Councilmembers Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Dave Ryan, Kristin Garcia, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche.
Also Known to be Present: Allen Calderwood, and three YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS None.
PUBLIC COMMENT Mr. Allen Calderwood, of 4029 Totem Park Lane, spoke of the growth in Smokey Point prior to 172nd Street being widened, and crime in Smokey Point.
CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the November 15 and November 22, 2021 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #104196 through #104298, dated November 16, 2021 through December 6, 2021, for $809,840.82. 3. Adoption of Final Plat of Gilman Walk Unit Lot Subdivision
City Council Zoom Meeting
Minutes of the City of Arlington City Council Meeting December 6, 2021
Page 2 of 4
PUBLIC HEARING
2021 Budget Amendments and 2022 Budget Modifications Finance Director Kristin Garcia requested Council approve the Ordinance Amending the 2021 Budget and Modifying the 2022 Budget. The public hearing was opened at 7:08 p.m. With no members of the public wishing to speak, the public hearing portion was closed, and Council questions were opened at 7:08 p.m. With no comments or questions from Council, the public hearing was closed at 7:08 p.m. Mayor Pro Tem Jan Schuette moved, and Councilmember Don Vanney seconded the motion to approve the Ordinance Amending Ordinance 2020-029 which Adopted the 2021-2022 Biennial Budget of the City of Arlington by Providing Transfer and Adjustment Authority for Calendar Years 2021 and 2022, and authorized the Mayor to sign it. The motion passed unanimously.
Development Agreement with N.W. Custom Aircraft Hangars, LLC City Attorney Steve Peiffle requested Council approve the development agreement with Northwest Custom Aircraft Hangars, LLC. Mr. Peiffle recommended “subject to final review by City Attorney” be added to the end of motion after the public hearing.
The public hearing was opened at 7:13 p.m. With no members of the public wishing to speak, the public hearing portion was closed, and Council questions were opened at 7:13 p.m. After Council questions were complete, the public hearing was closed at 7:15 p.m.
Councilmember Michele Blythe moved and Councilmember Marilyn Oertle seconded the motion to approve the development agreement and the proposed lease, with N.W Custom Aircraft Hangars, LLC, and authorized the Mayor to sign the agreement, subject to the approval of the City Attorney. The motion passed unanimously.
Fire District 21 Reimbursement Agreement Public Works Director Jim Kelly requested Council accept the reimbursement agreement application for the Fire District 21 McElroy Road Water Main Extension project and authorize staff to move forward with the process to establish a reimbursement agreement for this project.
The public hearing was opened at 7:17 p.m. With no members of the public wishing to speak, the public hearing portion was closed, and Council questions were opened at 7:17 p.m. After Council questions were complete, the public hearing was closed at 7:19 p.m.
Councilmember Debora Nelson moved and Councilmember Don Vanney seconded the motion to accept the reimbursement agreement application for the Fire District 21 McElroy Road Water Main Extension project and authorize staff to move forward with the process to establish a reimbursement agreement for this project. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting December 6, 2021
Page 3 of 4
NEW BUSINESS
Prairie Creek/Burlington Northern Santa Fe Culvert Design Contract Public Works Director Jim Kelly requested Council approve the proposal from consultant Murraysmith (MSA) for design of Prairie Creek/BNSF Culvert. Discussion followed with Mr. Kelly answering Council questions.
Councilmember Debora Nelson moved and Councilmember Marilyn Oertle seconded the motion to accept the MSA scope and fee for the BNSF Culvert Design as part of the Prairie Creek Drainage Improvement Project, and authorized the mayor to sign the contract. The motion passed unanimously.
Renewal of Right of Way Procedures Public Works Director Jim Kelly requested Council approve updates to the Right-of-Way (ROW) Acquisition and Procurement Procedures and Policies. Councilmember Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the Right-of-Way (ROW) acquisition and procurement procedures and policies for the City of Arlington. The motion passed unanimously.
Dedication of Real Property for Right of Way Purposes for Magnolia Place
Development Community and Economic Development Director Marc Hayes requested Council accept the dedication of the described real property for public right of way purposes. Discussion followed with Mr. Hayes answering Council questions. Mayor Pro Tem Jan Schuette moved and Councilmember Michele Blythe seconded the motion to accept the dedication of the described real property for public right of way purposes. The motion passed unanimously.
Dedication of Real Property for Right of Way Purposes for Project "Roxy" Community and Economic Development Director Marc Hayes requested Council accept the dedication of the described real property for public right of way purposes. Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to accept the dedication of the described real property for public right of way purposes. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Mike Hopson stated again that he would like Chris Collier, from Housing Authority of Snohomish County (HASCO) to be invited to speak before Council. Mayor Tolbert stated that she is working with Mr. Collier to have him speak at a workshop in January or February of 2022. Councilmember Jan Schuette thanked Paul Ellis, Don Vanney, and Heather Logan for their hard work at last night’s Santa Run. It was the largest single night collection of food items.
Minutes of the City of Arlington City Council Meeting December 6, 2021
Page 4 of 4
Councilmember Don Vanney, reiterated the success of last night’s Santa Run, and the fun of the Hometown Holidays events.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert acknowledged the neighborhoods of Heartland and Walnut Creek for their extreme generosity to the Arlington Community Food Bank, and especially HOA President Lee Wright, who took a load in his own truck to the Food Bank. Mayor Tolbert reported on population growth targets approved by Snohomish County Tomorrow.
EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session to discuss pending or potential litigation [RCW 42.30.110(1)(i)], and to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)]. Mr. Peiffle stated that he expected the one item of discussion to last 30 minutes, and the meeting would reconvene at 8:09 p.m. Mayor Tolbert recessed the meeting at 7:39 p.m. At 8:12 p.m., Mayor Tolbert announced the need for an additional 15 minutes. The meeting reconvened at 8:28 p.m.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:28 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 3
Monday, December 13, 2021
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Michele Blythe, and Heather Logan.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Dave Ryan, Marc Hayes, Jim Kelly, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche.
Also Known to be Present: Seven YouTube viewers.
Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Resolution of the Arlington Airport Commission relating to Consumer Price Indexed
leases at the Arlington Municipal Airport Airport Director Dave Ryan reviewed a resolution approved by the Airport Commission. Each year, the Airport Commission is required to approve a resolution for changing fees and charges at the airport. The required five-year appraisal was completed, and the Airport has the Consumer Price Index for 2021 (CPI 5.2%). Those figures are included in this year’s resolution. Most airport property values are based on the appraisal, but the CPI adjusts buildings owned by the airport. Staff recommends approval. While business leases require the Airport to raise the rates by the local CPI each year, last year Airport did not raise the hangar rates due to the current COVID-19 crisis. In addition to the CPI rate increase, land rates will go up by $0.01 per square foot. Discussion followed with Mr. Ryan answering Council questions.
Resolution for a “Center of Excellence” to be established within the northwest portion
of the Airport Business Park Community and Economic Development Director Marc Hayes reviewed a proposed resolution to establish an area of approximately 25 acres within the northwest portion of the Airport Business Park, as the “Center of Excellence.”
Minutes of the Arlington
City Council Zoom Workshop
Minutes of the City of Arlington City Council Workshop December 13, 2021
Page 2 of 3
The area would be reserved specifically for the construction of facilities that would support the education, training, research/development, and employment support of advanced manufacturing industries. With the majority of available land being leased for industrial buildings, now more than ever, it is critical to reserve property in order to locate facilities for higher education, research/development and industry training to support both current and future employees as well as the industries that utilize this workforce. The resolution was presented to Council a year ago with an illustrative map, showing how the property could be utilized in a campus style setting. Discussion followed with Mr. Hayes answering Council questions.
Ordinance establishing a water rate adjustment for customers outside the city limits
of Arlington Public Works Director Jim Kelly reviewed an ordinance proposing the establishment of a utility rate schedule for water service outside city limits. Since 1977, the City of Arlington has been in a Critical Water Service Area as designated by Snohomish County in accordance with the Public Water System Coordination Act (RCW 70.116 and WAC 246-293). As such, the City has worked with other local water purveyors to cooperatively establish water service areas. The City of Arlington’s water service area extends beyond Arlington’s incorporated city limits. Water service outside city limits is rural in character and less densely populated than within city limits. With a less dense water service population outside city limits, the City also recognizes that it is costlier for operations and maintenance of the water services outside city limits; the water service area outside city limits has 11% of the water distribution system and only 4% of the customer base. To offset this increased cost of operations, many other municipalities charge a separate water utility rate for water service in areas outside city limits. The City contracted with Katy Isaksen and Associates, to perform an outside city limits utility rate study to determine an appropriate outside city limits rate schedule to help defray the increase cost of outside city limits water service. Based on the rate study, staff recommends adoption of a water service schedule for outside city limits water services. Discussion followed with Mr. Kelly answering Council questions.
Contract with Pacific Groundwater Group for services associated with the Haller
Wellfield Improvement Project Public Works Director Jim Kelly reviewed the Scope and Fee for Pacific Groundwater Group to provide hydrogeological support and optional water right assistance to the Haller Wellfield Improvement Project. Public Works has been working for several years on securing and developing new water sources to ensure water availability for Arlington’s future. PGG is a strong hydrogeology consultant who has provided exceptional service for the City on previous projects and is well qualified to perform the geotechnical and hydrogeological work as needed to support the
Minutes of the City of Arlington City Council Workshop December 13, 2021
Page 3 of 3
installation of up to two (2) new production wells at the Haller Wellfield. Brown & Caldwell is the lead consultant on this project and will provide direction to PGG, with City oversight. Staff is recommending the city enter into contract with PGG for geotechnical and hydrogeological consulting services. Discussion followed with Mr. Kelly answering Council questions.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert stated that tonight is the last Council meeting of the year. Action will be taken on these workshop items at the January 3, 2022 Council meeting. Mayor Tolbert also stated that at this morning’s Directors and Senior Managers meeting, state and federal lobbyists provided information regarding programs coming up regarding the infrastructure bill that has passed.
COMMENTS FROM COUNCILMEMBERS Councilmembers Vanney, Nelson and Blythe spoke about the police department. Discussion followed. Councilmember Oertle spoke of the Peace Plaza obelisk unveiling. Discussion followed.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following item on the Consent Agenda for the January 3, 2022 Council meeting: #4. Contract with Pacific Groundwater Group for services associated with the Haller Wellfield Improvement Project.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:55 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: CA #3 Attachment B
provided exceptional service for the City on previous projects and is well qualified to perform the geotechnical and hydrogeological work as needed to support the installation of up to two (2) new production wells at the Haller Wellfield. Brown & Caldwell is the lead consultant on this project and will provide direction to PGG, with City oversight.
Exhibit A
Project Cost Estimate
Hydrogeologic Assistance, City of Arlington Haller Wellfield Improvement Project
TASK/SUBTASK ESTIMATED HOURS DIRECT COSTS
1 PROJECT MANAGEMENT $17,098
1.01 Kickoff Meeting, Site Walk Through & PGG-MM Field Safety Plan 10 6 $2,800 Travel (1X)$58 $2,858
1.02 Project Coordination, Communication with City 12 26 45 $14,240 $14,240
2 WELL SITING ASSISTANCE $5,455
2.01 Consult with City about New Well Locations (2 virtual mtgs.)2 2 $720 $720
2.02 Assist with Selecting Well Diameter Alternatives 2 1 2 $850 $850
2.03 Analyze Proposed Locations for Yield Optimization (2 alternatives)1 12 2 4 $3,005 $3,005
2.04 Provide Input to Staging Optimization 3 2 $880 $880
3 TECHNICAL SPECIFICATIONS & DRILLER SELECTION SUPPORT $11,338
3.01 Develop Technical Specifications 40 10 $8,400 Travel (1X)$58 $8,458
3.02 Assist with Bid Document Integration 8 4 $2,080 $2,080
3.03 Onsite Pre-Bid Meeting 5 $800 $800
4 PRODUCTION WELL DRILLING, INSTALLATION, TESTING & ANALYSIS $53,382
4.01 Preconstruction Meeting 5 $800 Travel (20X)$1,162 $1,962
4.02 Coordinating Drilling and Wellfield Operations 8 5 $2,280 Transducer Rent.$200 $2,480
4.03 Log Drilling (from 20 to 40 feet per well)80 4 $13,600 $13,600
4.04 Recommend Screen Design 12 8 $3,520 $3,520
4.05 Observe Screen Installation 16 1 $2,760 $2,760
4.06 Advise During Well Development 12 6 $3,120 $3,120
4.07 Confirm Invoicing (Removed from PGG Scope)0 $0 $0
4.08 Design Aquifer Tests, WDOH Approval, Lab Arrangements 6 8 $2,560 $2,560
4.09 Oversee Step Tests, Constant-Rate Tests, Recovery 52 8 4 $9,620 $9,620
4.10 Analyze Aquifer Test Data 32 32 $11,040 $11,040
4.11 Evaluate Water Quality Data 12 4 $2,720 $2,720
4.12 Provide Recommendations for Wellfield Operation (Removed from PGG Scope)0 0 $0 $0
5 HYDROGEOLOGIC REPORT $23,870
5.01 Draft Report 10 32 48 22 $18,170 $18,170
5.02 Discuss Comments 3 5 5 $2,235 $2,235
5.03 Final Report 3 6 6 6 $3,465 $3,465
6 DOH SOURCE APPROVAL & WHPA DELINEATION $4,670
6.01 Susceptability Assessment 2 12 4 10 $4,670 $4,670
TOTAL HOUR ESTIMATES 12 16 151 319 190
SUBTOTAL DOLLARS $1,080 $2,320 $21,895 $51,040 $38,000 $1,478
ESTIMATED TOTAL COST $115,813
OPTIONAL TASK/SUBTASK ESTIMATED HOURS DIRECT COSTS
Staff Senior Subtask TOTAL
Admin GIS Hydrogeol Hydrogeol Principal Labor Item Cost Cost TASK
$90 $145 $145 $160 $200 Cost Total COST
A (OPTIONAL) WATER RIGHT PERMITTING SUPPORT $17,150
A.01 Preapplication Meeting 1 4 4 $1,585 $1,585
A.02 Develop Water Right and Cost Reimbursement Application 1 4 8 2 $2,405 $2,405
A.03 Develop Mitigation Plan 8 16 $4,480 $4,480
A.04 Prepare ROE 24 8 $5,440 $5,440
A.05 Miscellaneous Water Right Assistance 6 3 $1,560 $1,560
A.06 Project Management for Permitting Support 8 2 $1,680 $1,680
B (OPTIONAL) UPDATE WHPZ DELINEATION $3,265
B.01 Update WHPZ Delineation 5 12 4 $3,265 $3,265
TOTAL HOUR ESTIMATES 0 7 16 58 39
SUBTOTAL DOLLARS $0 $1,015 $2,320 $9,280 $7,800
ADDITIONAL ESTIMATED COST FOR OPTIONAL TASKS A and B $20,415
Assumptions:
1.02 - Assumes PGG will only attend a subset of biweekly meetings.
4.03 - Assumes PGG will be onsite to log both holes from 20 feet below ground to total depth (assumed to be 40 feet).
4.04 - Assumes City will pay for soil lab analysis directly.
4.07 - Assumes City will confirm driller's invoices.
4.09 - Assumes WDOH allows a 24 hour test due to advance knowledge of wellfield
4.11 - Assumes City will pay for water lab analysis directly.
4.12 - Assumes Wellfield Optimization will be performed by City using adaptive management
6.01 - Contaminant source assessment limited to level of detail on WDOH SA form (not full contaminant source inventory).
Optional Task A - Assumes two production wells drilled under a Showing of Compliance (no preliminary permit needed), and that Ecology allows water right processing under the "streamlined" approach.
Optional Task A.03 - Level of effort required for mitigation plan uncertain, depending on Ecology guidance. Hours are "placeholder" estimate.
Optional Task A.05 - Level of effort required for miscellaneous assistance uncertain. Hours are "placeholder" estimate.
EXHIBIT A
City of Arlington Council Agenda Bill Item: NB #1 Attachment C
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POLE ATTACHMENT LICENSE AGREEMENT FOR
MUNICIPAL ENTITIES
This is a Pole Attachment License Agreement (“Agreement”) between the Public Utility
District No. 1 of Snohomish County, a Washington State Municipal Corporation
(“Licensor”), and ____________________, {insert type of legal entity}, (“Licensee”).
Licensor and Licensee are also referred to herein individually as “Party” and collectively
as “Parties”.
WHEREAS, Licensee desires to attach various communications facilities and equipment
including cables, wires and appliances, strand mounted equipment (including amplifiers,
and devices that may be operated without an individual license from the Federal
Communications Commission (“FCC”)) together with associated cable messengers,
anchors, power supplies, and other appurtenances (collectively and individually referred to
herein as “Equipment”) to the utility poles of the Licensor in its Distribution Area
WHEREAS, subject to the terms and conditions hereof, Licensor is willing to permit, to
the extent it may lawfully do so, the Licensee to attach its Equipment upon the poles of the
Licensor where, in the judgment and opinion of Licensor such attachment will not interfere
with the service requirements of the Licensor or other Licensor authorized joint users,
including considerations of economy and safety.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions
herein contained, the Parties agree as follows:
I. GENERAL AGREEMENT
1.01 Permits - In General
Subject to the terms, conditions and limitations set forth in this Agreement, Licensor agrees
that it will issue specific permits to Licensee to permit the Licensee to attach its Equipment
to specific points of contact on specific poles of Licensor within the distribution area
defined in Section 1.03.
However, under certain circumstances, and in the sole judgment and opinion of the
Licensor, Licensor may refuse to grant a specific permit for a particular pole.
Circumstances which may justify Licensor’s refusal include, but are not limited to, the
following:
(a) There is insufficient capacity for Licensee’s Equipment on the pole; and
(b) For reasons of safety, reliability, and/or the inability to meet generally
applicable engineering standards and practices.
In the event a specific permit has been granted by the Licensor for a particular pole
but the Licensee has not made its attachment to that pole within one hundred twenty (120)
-2-
days from the date the permit was issued, Licensor shall have the right to cancel and revoke
such permit on twenty (20) days’ written notice subject to Licensee having the right to
maintain said permit should it make its attachment to said pole within the first ten (10) days
of said twenty (20) day period. Nothing contained in this Agreement, or any permit issued
pursuant to this Agreement, shall be construed to compel the Licensor to maintain any of
its poles for a period longer than is necessary for Licensor’s service requirements. In the
event that Licensor elects to discontinue use of any pole or poles for which a specific permit
has been granted to Licensee, Licensor will send a written notice to that effect to Licensee,
and Licensee agrees to remove its Equipment from such pole or poles within thirty (30)
days of the date of such notice in accordance with Section 6.05.
1.02 Specific Permits Required
The Licensee shall have no right pursuant to this Agreement to attach to any pole of the
Licensor until a specific permit has been granted as to that pole for each attachment.
1.03 Distribution Area
The Distribution Area covered by this Agreement shall be that portion of Snohomish
County and Camano Island as served by the Licensor.
1.04 Joint Ownership
It is understood that some of the poles for which permits are sought from the Licensor
under this Agreement will not be owned solely and entirely by this Licensor and that such
poles may be owned, in part, jointly with others. Accordingly, all references herein to
“Licensor’s poles” or “its poles” shall mean all poles in which the Licensor has an
ownership interest including poles solely owned by the Licensor and poles owned by the
Licensor jointly with others. The Licensor does not, by granting of a permit for any poles
to which it does not have complete or full ownership, in any manner warrant or grant or
convey any permit or permitting rights on behalf of any other joint owner(s) of such poles
and Licensor hereby specifically states that it has no rights to bargain for or permit for or
on behalf of any other joint owner of any pole. As to jointly owned poles, the Licensee
specifically understands and agrees that it will be required to make appropriate agreements
for permits, licenses, or other written consent for Licensees’ use of a jointly owned pole
with all other joint owners of such poles; provided, further, that Licensee hereby agrees to
be responsible for obtaining the appropriate permission from all joint owners and Licensee
further agrees to hold harmless and indemnify the Licensor herein from any claims or
damages alleged against Licensor by reason of the failure of Licensee to secure or obtain
the appropriate permission, license, or permit from any other joint owners of such poles.
1.05 Licensor/Licensee Relationship
No use, however extended, of the Licensor’s poles under this Agreement shall create or
vest in Licensee any ownership or property right in said poles. It is expressly understood
and agreed that the privileges of Licensee shall be and shall remain the privileges of a mere
Licensee. Moreover, Licensee specifically understands and agrees that the permit
privileges granted herein and the specific permits granted pursuant to this Agreement are
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non-exclusive, and Licensor may grant attachment privileges to other Parties for the use of
the same poles for which Licensee has specific attachment permits; provided, however,
that pole attachment privileges subsequently granted by Licensor to other parties pursuant
to licenses, permits and/or rental agreements shall not limit or interfere with any prior
attachment privileges granted to Licensee hereunder or result in further rearrangement or
make-ready costs to Licensee.
1.06 Other Users
It is specifically understood and agreed that the permits granted pursuant to this Agreement
are non-exclusive and that other parties including utility companies, municipalities, and
private parties have attachment privileges on Licensor’s poles and, further, Licensor may
continue to grant attachment privileges to other parties after Licensee has attached its
facilities to a particular pole. Nothing in this Agreement or elsewhere shall give the
Licensee any exclusive privilege to the use of the Licensor’s poles for any purpose, and the
Licensor shall be free at any time, if Licensor so desires, to grant attachment privileges to
other users. Nothing herein contained shall be construed as affecting the privileges
previously conferred by the Licensor, by contract or otherwise, to Licensor’s continuing
right to extend attachment privileges to other users. The attachment privileges granted by
the Licensor to Licensee shall be at all times subject to any contracts, agreements, and
arrangements made by Licensor and such other users. However, pole attachment privileges
subsequently granted by Licensor to other parties pursuant to licenses, permits and/or rental
agreements shall not limit or interfere with any prior attachment privileges or uses granted
to Licensee hereunder or result in further rearrangement or make-ready costs to Licensee.
1.07 Primary Use of Poles
The Licensee expressly recognizes and agrees that the Licensor’s poles are used and are to
continue to be used primarily for the Licensor’s purposes and for the purpose of joint users
and, accordingly, the Licensee’s use will be a secondary use and that this Agreement is
made and all permits granted hereunder are granted as an accommodation to the Licensee.
Therefore, Licensee specifically agrees that it will pay, in addition to the charges specified
in Article III below, all costs incurred by Licensor in connection with any work performed
by the Licensor pursuant to this Agreement in order to provide or maintain space on any
poles for the Licensee’s Equipment, and any other costs incurred by the Licensor arising
out of this Agreement, as hereinafter provided. Licensee further agrees to be responsible
for any consents, permits, taxes, licenses or other requirements that may be imposed upon
Licensor by reason of this Agreement and to pay all such taxes, fees, charges, and expenses
as may be imposed upon Licensor as a result of this Agreement.
1.08 Prohibited Equipment
Pole mounted or strand mounted FCC licensed radios are not be permitted under this
Agreement. Attachment of FCC licensed radios may be permitted under a separate Master
License Agreement (MLA) or Small Cell Master License Agreement (SCMLA) with
Licensor. Additionally and in the event that Licensee desires to attach other equipment or
facilities to Licensee’s pole(s) that are neither Equipment as that term is defined in this
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Agreement or FCC licensed radios, Licensee will need to enter into a separate agreement
with Licensor containing terms and conditions for said attachments.
1.09 Administrators
Each Party to this Agreement shall designate an individual (“Administrator”), which may
be designated by title or position, to oversee and administer such Party’s participation in
this Agreement. The Parties’ initial Administrators shall be the following individuals:
Licensor’s Initial Administrator: Licensee’s Initial Administrator:
Beth A. Haskin
Joint Use & Permits Administrator
Snohomish Co PUD #1
1802 75th St SW, MS-O3
Everett, WA 98203-6264
425-783-4315
Either Party may change its Administrator at any time by delivering written notice of such
Party’s new Administrator to the other Party.
II. PROCEDURES AND COSTS
2.01 Application Permit Form
The Licensee is required to obtain a permit to attach its Equipment to any of the Licensor’s
poles. Licensee shall make a written application therefor on the application form provided
by Licensor, a copy of the current version of which is attached to this Agreement as Exhibit
“A”, and which application form may be revised from time to time in the sole discretion of
Licensor. The Licensee shall provide all information listed on Exhibit “C”.
Notwithstanding the foregoing, no permit shall be required for the installation of a service
drop from one of Licensor’s poles (for which Licensee has already obtained a permit from
Licensor for attachment of its Equipment) to a structure of Licensee’s customer.
2.02 Application Fee
Each application shall be accompanied by an application fee (“Application Fee”) in the
amount set forth in the Licensor’s Joint Use Schedule, as amended from time to time. Such
Application Fee shall cover the average costs of the preliminary administrative and
engineering review described in Section 2.03 and audit of the completed attachment.
Licensor may annually review the Application Fee amount and provide at least six (6)
months written notice to Licensee of any increase or decrease in such Application Fee and
the Joint Use Schedule shall be amended accordingly.
2.03 Administrative and Engineering Review of Application
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Upon receipt of the complete application, the Licensor agrees to review the pole(s) in
question to determine among other things:
(a) Whether such poles are available for the Licensee’s Equipment;
(b) Whether, in order to accommodate the attachment of Equipment of
Licensee, any rearrangements or other changes are necessary to the facilities of the
Licensor or the facilities of other joint users of the poles in question;
(c) Whether any poles in question require strengthening (guying and
anchoring) in order to support the attachment of Licensee’s Equipment;
(d) Whether any poles require replacement by taller or stronger poles in order
to support the attachment of Licensee’s Equipment; and
(e) Whether any vegetation management and/or tree trimming is required.
The administrative and engineering review shall include an engineering estimate of the
costs of performing those items described in subsections (b), (c), and (d) of this Section.
Such engineering estimates shall constitute “make-ready work” within the meaning of
Section 2.04.
Licensor shall review each application submitted by Licensee for completeness and shall
notify Licensee whether said application is complete or incomplete within forty-five (45)
days of receipt of the application. If incomplete, the notice shall describe what information
is needed to make the application complete. Licensee shall have forty-five (45) days (or
longer as determined by Licensor) to submit any missing information and complete any
action(s) described in the notice of incompleteness. If Licensee fails to provide such
information or complete such action(s) within the required time period, Licensor may reject
the application and retain the Application Fee.
Within sixty (60) days of an application being deemed complete, Licensor shall notify the
applicant as to whether the permit application has been accepted or rejected. In
extraordinary circumstances, and with the approval of the applicant, the Licensor may
extend the sixty (60) day timeline. If the application is rejected, the Licensor shall provide
Licensee with the reasons for the rejection and such reasons shall be in accordance with
this Agreement and applicable state and federal law.
2.04 Make Ready Work
The phrase “make-ready work” shall include those items described in subsections 2.03(b),
(c), (d), and (e) above.
(a) Make Ready Assessment. Upon completion of the review under Section
2.03, Licensor agrees to notify Licensee as to which of the poles in question are available
for the Licensee’s Equipment, including the exact location on the poles available or which
will be available for attachment of Licensee’s Equipment. Licensor further agrees to notify
Licensee as to the make-ready work which will be required in order to accommodate
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attachment of the Licensee’s Equipment, including an estimate of the costs of such make-
ready work. The Licensor agrees to consider any reasonable objections or comments made
by the Licensee; provided, however, that the final decision as to the necessity for any make-
ready work and the cost of such make-ready work shall be made by the Licensor. Upon
execution of a Customer Service Contract (described in Section 2.05) receipt of the
advance payment of the estimated make-ready costs (described in subsection 2.04(b)), the
Licensor shall proceed with such make-ready work, subject to the availability of the
necessary materials, equipment and labor, and subject to the further requirement that such
work not interfere with the service requirements of the Licensor.
(b) Cost Accounting. The Licensor shall determine the costs of make-ready
work and such costs shall include but not be limited to the following:
• Materials and supplies;
• Engineering services;
• Labor costs, including but not limited to regular rates of pay, overtime rate of pay,
and any other applicable premium rate of pay;
• Supervision;
• Transportation of Licensor personnel;
• Any applicable taxes;
• General overhead, including appropriate loadings for such items as pension
accruals, social security taxes, vacations, holidays, sickness, workman’s
compensation; and
• Any other accounts under the uniform system of accounts applicable to Licensor as
prescribed by the Federal Energy Regulatory Commission.
(c) Pole Replacement Costs. With respect to the replacement of any pole, the
costs shall be determined by the Licensor and shall include the total costs of the new pole,
and removal of the old pole, of all transferring of the Licensor’s Equipment from the old
to the new pole, and such other costs, if any, necessitated by the Licensee’s requirements,
all as defined above, less the total of salvage, if any, and the costs of such portion of the
new pole, if any, which represents space reserved for the use of the Licensor and any joint
users, greater than that provided for on the old pole.
2.05 Advance Payment of Estimated Costs and Customer Service Contract
Within ninety (90) days after the Licensor notifies the Licensee of the contemplated make-
ready work and the estimated make-ready cost, the Licensee shall enter into a separate
Customer Service Contract with the Licensor for the work to be performed by the Licensor
and shall pay the Licensor the estimated costs for doing such work (as determined by the
Licensor) at the time the Customer Service Contract is executed. Licensee shall not
commence any construction or attempt to attach its Equipment to the Licensor’s poles until
Licensee has paid to Licensor the costs of all make-ready work and Licensor has authorized
Licensee in writing to proceed. In the event Licensee does not enter into a Customer Service
Contract with Licensor and pay the estimated costs within said ninety (90) days period, the
application may be deemed withdrawn at the discretion of the Licensor. In such event, the
Application Fee provided by the Licensee shall be retained by the Licensor.
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2.06 Required Modifications of Licensee’s Attachments
(a) If, in the Licensor’s judgment, after the granting of any permit to the
Licensee, the service needs of the Licensor, or any hazardous conditions, requires the
moving and/or modification of the Licensee’s Equipment, the Licensee agrees to make
such changes at its own expense within thirty (30) days after the Licensor sends a notice to
such effect, or within such shorter period as is feasible in the case of any hazardous
condition.
(b) In the event of the Licensee’s failure to comply with any request made by
the Licensor under this Section, the Licensor shall have the right to exercise any one or
more of the following options:
(i) Provide Licensee with written notice that Licensee has fifteen (15)
days (or longer as determined by Licensor) to cure/address/resolve identified issue
to the satisfaction of Licensor or permit may be cancelled and Licensee be required
to remove its Equipment from subject pole(s) in accordance with Section 6.05;
(ii) Cancel Licensee’s permit on fifteen (15) days’ written notice with
respect to any subject pole(s) and require Licensee to remove its Equipment from
subject pole(s) in accordance with Section 6.05.
(c) The granting of attachment privileges to any other party(ies) and the
addition of the equipment of any such third party(ies) to a pole or poles then occupied by
Licensee shall not result in any further rearrangement expense or cost of additional make-
ready work to Licensee, and any such costs or expense shall, pursuant to agreement
between Licensor and such other party(ies), be the exclusive responsibility of such other
party(ies).
2.07 Unauthorized Pole Attachments - Penalty
In the event Licensee shall attach Equipment to any pole of Licensor without specific
permit for such attachment, in addition to the Application Fees, make-ready costs, and
permit fees set forth herein, Licensee also understands and agrees that it shall pay a penalty
for each unauthorized pole attachment in the amount set forth in the Licensor’s Joint Use
Schedule; provided that such amount may be increased from time to time upon at least six
(6) months written notice to the Licensee. In addition to said penalty, Licensee also
understands and agrees to pay an Application Fee for such poles as described in Section
2.02, and pole attachment fees as described in Section 3.01. In addition, Licensee shall
pay accrued attachment fees as determined in accordance with Section 3.01 calculated from
the date of such unauthorized attachment. In the event the Licensee cannot provide
Licensor with satisfactory documentation (as solely determined by Licensor) as to the
actual date of such unauthorized attachment, the Licensee shall be liable to Licensor for
accrued charges for such attachment for a period of five (5) years preceding the date of
discovery by the Licensor of such unauthorized attachment. The amount calculated for
such accrued charges will be based on the current attachment fee(s) in effect for a wholly-
owned Licensor pole on the date of discovery by the Licensor of such unauthorized
attachment. Said penalty, Application Fee, and accrued attachment fees shall be paid by
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Licensee within thirty (30) days of the date Licensor notifies Licensee of the unauthorized
pole attachment.
2.08 Overlashing
The following permit application process will be utilized for proposed overlash
construction.
(a) Licensee will submit application form and Application Fee in accordance
with Sections 2.01 and 2.02.
(b) Licensor shall review the application in accordance with Section 2.03 and
will identify and record any existing NESC violations. If during the review, Licensor
identifies any defects and/or violations that would constitute a critical safety hazard (as
solely determined by Licensor), then Licensor will correct the defect/violation to eliminate
safety hazard prior to allowing Licensee to proceed with overlash construction.
(c) Subject to review and correction of any identified critical safety hazards per
Section 2.08(b), if the proposed overlash construction does not create an NESC violation
or worsen an existing violation, Licensor will approve the application and allow Licensee
to proceed with overlash construction.
(d) Upon completion of overlash construction, Licensee will complete/close
out the National Joint Use Notification System (“NJUNS”) ticket generated by Licensor
when the permit for the overlash construction was issued by Licensor and Licensor may
review completed overlash construction.
(e) There shall be no annual attachment fee associated with such approved
overlash permits.
III. FEES
3.01 Amount
(a) Annual Attachment Fee. The Licensee agrees to pay to the Licensor for each
attachment per pole, as consideration for the permits to place its Equipment on Licensor’s
poles as described herein, the annual attachment fee(s) set forth in the Licensor’s Joint Use
Schedule to this Agreement. Such annual charges shall be paid within thirty (30) days of
Licensee’s receipt of Licensor’s pole count and pole attachment identified itemized
invoices in semi-annual installments. In the event Licensor does not receive payment
within said thirty (30) day period, a late penalty of one percent (1.0 %) per month may be
added on the unpaid amount past due.
(b) Method of Computation. The amount of semi-annual payment due for each
six (6) month period shall be determined by Licensor based upon the total number of
attachments on poles permitted as of December 15 for the January 1 to June 30 period and
as of June 15 for the following July 1 to December 31 period.
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(c) Interim Fees. The amounts set forth in the Joint Use Schedule shall be
prorated per attachment per pole per month or fraction of a month from the dates of the
granting of the permit for each attachment to the beginning of the next semi-annual billing
period. Said interim charges shall be payable in advance at the time the permit application
is filed for the remainder of the current six (6) month period.
3.02 Licensor’s Right to Change Amount
Licensor may from time to time increase or decrease the attachment fees set forth in the
Licensor’s Joint Use Schedule hereto upon at least six (6) months written notice to Licensee
and in accordance with applicable state and federal law. Such increase or decrease in fees
shall take effect on the date specified in such notice or such other later time as determined
by the District Board of Commissioners. Licensee shall have ninety (90) days from the
date of the written notice to provide written comments to the District concerning any
proposed fee increase or decrease. If such changes are not acceptable to Licensee, Licensee
may terminate this Agreement as hereinafter provided.
3.03 Refund
In the event the Licensor cancels any permit or permits for reason other than the Licensee’s
default, the Licensee shall be entitled to a refund for each full month remaining in the
period for which rental has been paid.
IV. PERMIT ATTACHMENTS
4.01 Permission from Other Authority
Before attaching any Equipment to the Licensor’s poles, Licensee shall secure any
necessary licenses, franchises, permissions or consents from federal, state or municipal
authorities and shall secure any necessary easements from the owners of any property
required for the construction and maintenance of Licensee’s Equipment at the locations of
the poles of the Licensor to which it desires to attach. Upon request from Licensor,
Licensee shall provide a copy of any such license, franchise, permit, consent and/or
easement.
(a) Existing Easements. Licensee understands that Licensor’s existing
easements rights may not include the rights necessary for Licensee to attach its Equipment
at the locations of the poles of the Licensor to which it desires to attach. In that event, it
shall be the responsibility of Licensee to secure the necessary rights for Licensee to attach
its Equipment to said poles.
(b) Future Easements. In the event Licensor elects to procure easement rights
for its poles and facilities, Licensor will seek rights which cover the poles and facilities of
Licensor only.
4.02 Specifications and Standards
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The Licensee at its own cost and expense shall construct, maintain and replace its
Equipment on Licensor’s poles in accordance with applicable local, state and/or federal
law and the requirements and specifications of the current National Electrical Safety Code
and any amendments or revisions thereof. In addition, all attachments shall be made by
the Licensee in accordance with the Construction Standards attached hereto and made a
part hereof, which may be revised from time to time by the Licensor. Licensor shall notify
Licensee in writing of any such revisions to the Construction Standards applicable to
Licensee’s attachments.
4.03 Maintenance Duties
The Licensee shall, at its own cost and expense, operate and maintain all of its Equipment
on the Licensor’s poles in a safe manner and condition.
4.04 Damage to Facilities
The Licensee shall avoid damage to facilities of the Licensor or other joint users on said
poles of Licensor, and hereby assumes all responsibility for any and all loss and damage to
said poles caused by the acts, omissions or facilities of the Licensee, its employees or
agents. The Licensee shall make an immediate report to the Licensor of the occurrence of
any damage and hereby agrees to reimburse the Licensor or other owners of the property
damaged for the expense incurred in making repairs.
4.05 Modifications - Licensor Permission Required
Permits, when granted, are for the specific equipment, facilities and location specified in
the original application. Any subsequent modification in the nature or location of the
attachment specified on the permit shall require the Licensee to request modification to the
existing permit or to apply for a separate permit for such additional attachment.
Modifications performed by Licensee in the nature or location of attachments without such
a modification to the existing permit or a separate permit are unauthorized under this
Agreement and shall be subject to the penalties specified in Section 2.07 (relating to
unauthorized pole attachments) and to the provisions set forth in Section 4.11 (requiring
prompt removal of such modified attachments). Notwithstanding the foregoing, no permit
modification or new permit shall be required for the installation of a service drop from one
of Licensor’s pole (for which Licensee has already obtained a permit from Licensor for
attachment of its Equipment) to a structure of Licensee’s customer.
4.06 Inspection
The Licensor may inspect and audit each new installation of the Licensee on its poles and
in the vicinity of its lines or facilities and may make periodic inspections of all attachments
of the Licensee; and the Licensee shall reimburse the Licensor for the cost of such surveys,
inspections and audits. Such inspections and audits shall not operate to relieve the Licensee
of any responsibility, obligation or liability assumed under this Agreement.
4.07 Maintenance Rights
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The Licensor reserves for itself, its successors and assigns, the right to maintain its poles
and to operate its facilities thereon in such manner as will best enable it to fulfill its public
service requirements.
4.08 Claims by Licensee and Licensee’s Customers
(a) The Licensor shall not be liable to the Licensee or the Licensee’s customers,
and the Licensee shall indemnify, protect and save harmless the Licensor against any
claims by the Licensee’s customers, for any interruption to the service of the Licensee, or
for interference with the operation of the cables, wires and appliances of the Licensee
arising in any manner whatsoever, including, without limiting the generality of the
foregoing, any such interruption or interference arising out of action taken by the Licensor
pursuant to Section 6.05 , or for any other damage suffered by the Licensee or its customers,
except to the extent that any such interruption, interference or damage is caused by the
negligence or misconduct of the Licensor or of other joint users or of agents or employees
of the Licensor or other joint users.
(b) Licensor shall not be liable to the Licensee for any special, indirect,
incidental, consequential, exemplary and/or punitive damages in connection with or
otherwise arising out of this Agreement and Licensee expressly waives any claim for such
damages.
(c) The provisions of this section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or termination.
4.09 Time for Removal
Whenever, pursuant to the provisions of this Agreement, Licensee is required to remove
its Equipment from any poles, such removal shall be made in accordance with Section 6.05.
4.10 Transfer of Equipment
(a) The Licensor, in the course of replacement or removal of solely owned poles
or jointly owned poles, shall provide the Licensee with notification prior to the
performance of the work, via a Joint Pole Notification (JPN) or other written or electronic
notice. Licensor is under no obligation to coordinate such work with Licensee with the
exception of work sites which require all entities involved to coordinate the work for the
purpose of safety of the crews and the public.
(b) Licensee, upon receipt of said notice, may elect to contact Licensor and
attempt to coordinate the work. In the event Licensee is able to coordinate the transfer of
Licensee’s Equipment during the course of Licensor’s work simultaneously with the work
being performed by Licensor, Licensee shall perform such transfer of Equipment work in
a time and manner so as to permit Licensor to remove its obsolete and/or depreciated
pole(s) during the course of Licensor’s work. Licensor shall not be required to remain at a
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work site longer than thirty (30) minutes to allow Licensee to complete its transfer of
Equipment work such that removal of obsolete and/or depreciated poles can be performed
by the Licensor.
(c) If the Licensee has not completed its transfer of Equipment work within
said thirty (30) minutes, the Licensor shall provide written notification to the Licensee of
its completion date of Licensor’s work. Licensor agrees that Licensee shall have thirty (30)
days following such notice by Licensor in which to transfer or overlash its Equipment;
provided, however, that said time period may be shortened in the event of an emergency
situation (as determined by the Licensor) requiring prompt action by Licensee.
(d) In the event multiple Licensees have facilities on Licensor’s poles, the last
Licensee removing its facilities shall assume complete responsibility for any obsolete
and/or depreciated poles and their subsequent removal. Licensor shall maintain records of
all Licensee’s’ notification(s) made to the Licensor (including the date of all such removals
or transfers of all Licensees’ facilities). Copies of such records shall be provided to
Licensee upon request. In the event a dispute arises as to which Licensee was the last to
remove its facilities, Licensor may rely on such records to determine Licensee
responsibility for such pole removal. In the event Licensee fails to arrange for such pole
removal in the time specified above, then Licensor may remove such pole and charge all
costs associated with such removal to Licensee. Notwithstanding the foregoing, if the
Licensee is present at the worksite during the replacement or removal of Licensor’s poles
as set forth above and, due to operational or other reasons, the Licensor does not permit the
Licensee to proceed with the removal of such facilities, the Licensor shall assume the
obligation to remove such obsolete and/or depreciated poles.
4.11 Prompt Removal Required
Upon written notice from Licensor to Licensee that: (i) Licensee’s use of any pole or poles
is in violation of applicable local, state and/or federal law; (ii) Licensee’s Equipment is
attached to a pole without the permission of the underlying property owner if the property
owner’s permission is legally required; (iii) Licensor has notice of any misstatement or
omission in the information provided by the Licensee in its application form; (iv) Licensee
has modified its attachments without complying with Section 4.05; or Licensee failed to
transfer its Equipment in accordance with Section 4.10, the Licensor shall have the right to
exercise any one or more of the following options:
(a) Provide Licensee with written notice that Licensee has fifteen (15) days (or
longer as determined by Licensor) to cure/address/resolve any identified issue(s) to the
satisfaction of Licensor. In the event Licensee fails to cure/address/resolve any identified
issue(s) within said time period to the satisfaction of Licensor, Licensor may cancel the
permit for the Equipment on the pole(s) associated with the issue(s) and Licensee shall
thereafter be required to remove its Equipment from said pole(s) in accordance with
Section 6.05; or
(b) Cancel Licensee’s permit on fifteen (15) days’ written notice with respect
to any subject pole(s) and require Licensee to remove its Equipment from subject pole(s)
in accordance with 6.05.
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V. LIABILITY, DAMAGES AND INSURANCE
5.01 Indemnification and Hold Harmless Provision
(a) To the fullest extent permitted by law, the Licensee shall indemnify, defend,
hold harmless and release the Licensor and its commissioners, officers, employees and
agents from and against any and all liabilities, losses, claims, damages, costs, demands,
fines, judgments, penalties, obligations and payments, together with any reasonable costs
and expenses (including, without limitation, reasonable attorneys’ fees and out-of-pocket
expenses and reasonable costs and expenses of investigation) incurred in connection with
any of the foregoing, to the extent they result from, relate to or arise out of or in connection
with (i) any negligent failure of the Licensee, its employees and/or agents to perform or
observe any term, provision, covenant, agreement or condition hereunder to be performed
or observed by or on behalf of the Licensee or (ii) any negligence or intentional misconduct
of the Licensee, its employees and/or agents.
(b) In the event that the Licensee and the Licensor are both negligent, then
Licensee’s liability for indemnification of the Licensor shall be limited to its contributory
negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and
expenses (including reasonable attorneys’ fees and disbursements) that can be apportioned
to the Licensee, its employees, and/or agents.
(c) Solely and expressly for purposes of its duties to defend, indemnify and
hold harmless Licensor as set forth above, the Licensee specifically waives any immunity
it might have under the State Industrial Insurance law, RCW Title 51, or any similar
worker’s compensation act, in the event that a claim is made against the Licensor for an
injury to any employee of Licensee. THE LICENSEE ACKNOWLEDGES THAT THIS
WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES.
(d) The Licensor’s inspection or acceptance of any of the Licensee’s work
and/or services when completed shall not be grounds to avoid any of these covenants of
indemnification.
(e) Nothing contained in this Section shall be construed to create a liability or
a right of indemnification in any third party.
(f) In the event that Licensee contracts/subcontracts with another party to
perform work and/or services needed and/or required pursuant to this Agreement, the
Licensee shall require and ensure that any such contract/subcontract contains an
indemnification and hold harmless provision substantially similar to this Section 5.01.
(g) The provisions of this Section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or termination.
5.02 Liability Insurance
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[WHILE INSURANCE LANGUAGE MAY VARY WITH EACH ATTACHER,
INSURANCE COVERAGE MUST SUBSTANTIALLY COMPLY WITH THE
FOLLOWING TERMS AND CONDITIONS]
The Licensee shall carry insurance, at its sole cost and expense to protect the Licensor and
joint users in respect of the Licensee’s liability for all claims and demands and from and
against any and all actions, judgments, costs, expense and liabilities of every name and
nature arising out of and/or resulting from use and occupancy of premises or by reason of
the acts or omissions of the Licensee hereunder.
(a) Liability Limits. Commercial General Liability with a limit of $2,000,000
per occurrence for bodily injury and property damage and $2,000,000 general aggregate
including personal and advertising injury.
(b) Increase in Limits. Licensee understands that circumstances may change
and that an increase in the limits of liability insurance may be necessary. Accordingly,
Licensee agrees, upon sixty (60) days’ prior written notice to Licensee that states proposed
insurance limit increase, that Licensor may reasonably require an increase in the limits of
liability insurance and Licensee further agrees to provide such insurance in increased
amounts as a condition to Licensee’s continued use of Licensor’s poles. If Licensee is
unwilling or unable to obtain insurance in such increased limits, Licensee shall be deemed
to have terminated this Agreement and shall be required to remove its attachments and
facilities from Licensor’s poles in accordance with Section 4.10.
(c) Worker’s Compensation. Licensee agrees to comply with the
requirements of any applicable Worker’s Compensation laws.
(d) Evidence of Insurance. Licensee agrees to provide a Certificate of
Insurance and additional insured endorsement annually upon the anniversary date of this
Agreement. All insurance required hereunder shall remain in force for the entire life of
this Agreement. The company or companies issuing such insurance be rated A-, VII or
better by AM Best or otherwise be reasonably acceptable to Licensor. The Licensor shall
be included as an additional insured party as its interest may appear under this Agreement
on the commercial general liability and commercial automobile liability policies. Upon
receipt of notice from insurer(s), Licensee shall provide Licensor with thirty (30) days prior
written notice of cancellation of any required insurance coverage.
(e) Primary Coverage Required. The insurance shall provide primary coverage
to Licensor and shall not be contributory with or excess to any other insurance maintained
by Licensor.
5.03 Notification of Claims
To the extent known and when known, the Licensee shall promptly advise the Licensor of
all claims relating to damage to property or injury to or death of persons, arising or alleged
to have arisen in any manner by, or directly or indirectly associated with, the erection,
maintenance, presence, use or removal of the Licensee’s Equipment located on Licensor’s
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poles. After such an advisement, Licensee shall provide Licensor with copies of all
accident or other reports made to any insurer.
5.04 Licensee’s Responsibility
The insurance requirements contained herein shall not in any manner be deemed to limit,
or qualify, or otherwise alter the liabilities or obligations assumed by Licensee under this
Agreement.
5.05 Insurance Requirements for Contractors/Subcontractors
In the event that Licensee contracts/subcontracts with another party to perform work and/or
services needed and/or required pursuant to this Agreement, the Licensee shall require and
ensure that any such contract/subcontract contains insurance requirements substantially
similar to this Section 5.02 through Section 5.04, including but not limited to type and
amount of insurance coverage. The Licensee shall require any such
contractor/subcontractor to furnish to the Licensee (and, upon request, the Licensor) a
Certificate of Insurance showing evidence of such coverage.
VI. REMEDIES ON DEFAULT
6.01 Licensor’s Termination Rights
(a) If Licensee fails to pay any sum due Licensor under this Agreement, or to
provide and to maintain the security required in this Agreement, Licensor shall have the
right to terminate this Agreement; provided, however, that Licensor shall give Licensee
written notice of such default and Licensor’s intent to terminate, and Licensee shall have
thirty (30) days in which to cure such default.
(b) In addition to Licensor’s right of termination set forth above, and Licensor’s
rights of termination set forth in other provisions of this Agreement, Licensor shall have
the further right to terminate this Agreement or to cancel a particular permit or permits for
specific pole attachments if the Licensee shall default in any manner in performing any
action required under this Agreement; provided, however, that the Licensor shall give
Licensee written notice of such default and Licensor’s intent to terminate, and Licensee
shall have thirty (30) days in which to cure such default.
(c) Licensee’s rights under this Agreement shall remain subject to the express
condition that Licensee continue to comply with all applicable laws, statutes, rules, and
regulations now in effect or which may hereafter be issued by local, state and federal
governmental entities. Accordingly, this Agreement is subject to termination by Licensor
upon thirty (30) days’ written notice (or longer period at the discretion of Licensor) to
Licensee upon appropriate request or mandate issued by a governmental agency with
requisite authority and claiming such failure to comply. Should Licensee thereafter comply
within said thirty (30) day notice period (or longer period at the discretion of Licensor)
with applicable laws, statutes, rules, and regulations now in effect or which may hereafter
be issued by local, state and/or federal governmental entities to the satisfaction of said
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governmental agency, Licensor’s right to terminate the Agreement shall cease with respect
to said noncompliance.
(d) The Licensor may terminate this Agreement upon written notice in the event
the Licensee has not applied for any permit within six (6) months from the date hereof;
provided, however, that Licensee shall have thirty (30) days from the date of the written
notice to apply for a permit(s) and cure such default.
(e) The Licensor may terminate this Agreement upon written notice in the event
that no permit has been granted hereunder within one (1) year from the date hereof;
provided, however, that Licensee shall have thirty (30) days from the date of the written
notice to remedy the reason why no permit has been granted if due to the fault or inaction
of Licensee; provided additionally that Licensor may not terminate this Agreement under
this subsection if Licensee has pending an application for a permit, and Licensor has failed
to act thereon within such period due to no fault of Licensee.
(f) Any termination pursuant to this Section shall be effective immediately
upon the Licensor’s mailing the notice of termination to Licensee following the expiration
of the thirty (30) day period to cure the default.
(g) Termination of this Agreement or any specific permit shall not release
Licensee from any liability or obligations under this Agreement, including, without
limiting the generality of the foregoing, the obligation to continue to pay pole attachment
fees as provided in Article III of this Agreement for such time as Licensee’s Equipment
remain on Licensor’s poles, Licensee’s obligation to pay any costs and expenses incurred
by Licensor for the removal of Licensee’s Equipment, and financial penalties imposed by
Licensor for failure of Licensee to remove its Equipment in accordance with the terms and
conditions of this Agreement .
6.05 Licensee’s Duty to Remove Equipment
Upon termination of this Agreement, or cancellation of any permit or permits issued
pursuant to this Agreement, Licensee agrees to remove its attachments from any poles
affected within thirty (30) days after the effective date of such termination or cancellation
(or such other time period required by applicable local, state and/or federal law or within
such shorter period as is feasible in the case of any hazardous condition).
(a) Licensee’s Failure to Remove or Make Changes. After the expiration of
any applicable notice and/or cure period, in the event that Licensee has failed to make any
change in its Equipment required by Licensor, or failed to remove any Equipment upon
cancellation of any specific permit or upon termination of this Agreement, Licensor shall
have the right to make such changes or effect such removals subject to any applicable
advance notice requirement under this Agreement.
(b) Emergency. In case of emergency or immediate service needs of Licensor,
Licensor may perform such removal or change work without notice to Licensee or upon
such notice as may be reasonable under the circumstances. If no notice is provided to
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Licensee prior to such removal or change work, Licensor will provide reasonable notice
given the circumstances to Licensee after the removal or change work is performed.
(c) Costs of Licensor’s Work. Licensee shall pay all costs and expenses of any
Equipment removal or changes performed by Licensor in accordance with this Agreement.
Said costs shall be determined in accordance with the provisions of Article II of this
Agreement. Licensee shall pay such costs within thirty (30) days of the date of Licensor’s
billing for such costs.
(d) Retention and Disposal of Licensee's Equipment. If Licensor removes any
of Licensee’s Equipment on Licensor’s poles pursuant to this Section or any other Section
of this Agreement, Licensor has the right to any one or combination of the following
options with regard to the removed Equipment:
(i) Licensor may hold such Equipment as additional security for the
payment of any sums due under this Agreement;
(ii), Licensor may sell such Equipment at a public or private sale without
notice to Licensee;
(iii) If Licensor determines such Equipment is of little or no value,
Licensor may dispose of the Equipment without notice to Licensee; and/or
(iv) Licensor may turn such Equipment over to Licensee.
In the event Licensor sells any of Licensee’s Equipment, Licensor shall apply the proceeds
to the payment of sums due under this Agreement and shall turn over the balance, if any,
to Licensee.
(e) Liquidated Damages for Failure to Remove Equipment. In the event that
Licensee fails to remove its Equipment within the required time period and in recognition
of the difficulty in calculating the actual costs, expenses and other damages (“Loss”) that
Licensor will incur due to such failure, the Parties agree that, Licensor may impose
liquidated damages upon Licensee of $20 for each day per utility pole Licensee fails to
remove its Equipment beyond the thirty (30) day timeline or other specified timeline. The
Parties further agree that said daily amount represents a reasonable valuation of the Loss
Licensor will incur due to Licensee’s failure to remove its Equipment in a timely manner.
Said liquidated damages shall be paid by Licensee to Licensor within thirty (30) days of
the date of any liquidated damages notice issued pursuant to this subsection.
VII. DURATION OF AGREEMENT
7.01 Term of Agreement
The term of this Agreement shall commence upon full execution hereof and shall end
midnight, March 31, 2030, subject to the rights of earlier termination of either Party as set
forth herein.
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7.02 Termination without Cause
Either Party shall have the right to terminate this Agreement without cause by giving six
(6) months written notice of termination.
7.03 Cancellation of Specific Permits
(a) Licensee’s Rights to Cancel Permits. The Licensee may cancel its permit
or permits to any specific pole or poles by removing its Equipment therefrom and giving
written notice of such removal to Licensor on a form provided by Licensor, a copy of which
is attached to this Agreement as Exhibit “D”. Licensees liability for pole attachment fees
for such attachments shall terminate as of the end of the month in which such notice is
given and after the Equipment has been removed. The amount of refund or credit shall be
based upon the pole attachment charges set forth in Article III above, and as the same may
from time to time be adjusted; provided, however, that in no event may the amount of
refund exceed the amount actually paid by Licensee for the months in question.
(b) Licensor’s Rights to Cancel Permits. In addition to permit cancellation
rights provided elsewhere in this Agreement, Licensor may at any time cancel a permit to
attach to any specific pole or poles by giving thirty (30) days’ written notice to Licensee.
Such written notice to specify the reason(s) for such revocation or cancellation and such
reason(s) shall be consistent with applicable local, state and/or federal law. Licensee agrees
to remove its Equipment from the pole or poles in question in accordance with Section 6.5.
In such event, Licensee shall be entitled to a refund of prepaid pole attachment fees
commencing on the date the Equipment is removed through the remaining period for which
such charges have been paid.
VIII. GENERAL PROVISIONS
8.01 Assignment
The Licensee shall not in any way assign, transfer, sublet or encumber this Agreement, nor
any of the privileges hereby granted to it, without the prior written consent of the Licensor.
For the purpose of this Agreement, assignment and transfer shall be deemed to include (but
not be limited to) the assignment and transfer of this Agreement to any joint venture of
which the Licensee is a partner, to any subsidiary, parent or affiliated or controlled
corporation, to any corporation with which Licensee may be merged or consolidated, or to
any corporation to which Licensee may sell substantially all its assets. Licensor agrees that
it will not unreasonably withhold, delay and/or condition approval of a written request by
Licensee. However, Licensor reserves the right to require Licensee to provide appropriate
information in order to properly evaluate the request including information pertaining to
the financial stability and technical expertise of the proposed assignee, transferee, or
sublicensee. Subject to the foregoing, however, this Agreement shall extend to and bind
the successors and assigns of the Parties hereto.
8.02 Non-Waiver
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Failure to enforce or insist upon compliance with any of the terms or conditions of this
Agreement shall not constitute a general waiver or relinquishment of any such terms or
conditions, but the same shall be and remain at all times in full force and effect.
8.03 Entire Agreement, Amendments
This Agreement constitutes the entire Agreement between the Parties and supersedes and
replaces all prior agreements concerning the subject matter of this Agreement. Any
amendments to this Agreement or any SLA must be in writing and duly executed by both
Parties.
8.04 Notices
All notices required to be given by either Party to the other Party under this Agreement
shall be in writing and shall be delivered either in person, by United States mail, by
nationally recognized overnight courier or by electronic mail (email) to the applicable
Administrator or the Administrator’s designee. Notice delivered in person shall be deemed
given when accepted by the recipient. Notice by United States mail shall be deemed given
three (3) days after the date the same is deposited in the United States mail, postage prepaid,
and addressed to the Administrator, or their designee, at the addresses set forth in Section
1.9 of this Agreement. Notice delivered by overnight mail shall be deemed given as of the
day after mailing. Notice delivered by email shall be deemed given as of the date and time
received by the recipient.
8.05 Fair Meaning
The terms of this Agreement shall be given their fair meaning and shall not be construed
in favor of or against either Party hereto because of authorship. This Agreement shall be
deemed to have been drafted by all Parties.
8.06 Severability
(a) If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the Parties’ rights and obligations shall be construed
and enforced as if the Agreement did not contain the particular provision held to be invalid.
(b) If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict and shall be deemed modified to
conform to such statutory provision.
8.07 Governing Law and Venue
This Agreement shall be governed by, and interpreted according to, the laws of the State
of Washington (without regard to any conflicts of law principles applied in that State), with
venue for any disputes in Snohomish County, Washington; provided that venue for any
matter that is within the jurisdiction of the Federal Court shall be in the United States
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District Court for the Western District of Washington at Seattle, Washington. Each Party
hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an
inconvenient forum to the maintenance of proceedings in such courts.
8.08 Force Majeure
If a Party is delayed or hindered in, or prevented from performance required under this
Agreement (other than any delay or failure relating to payment of money, including,
without limitation, the Annual Fees and all reimbursable costs and expenses described
elsewhere in this Agreement) by reason of earthquake, landslide, strike, lockout, labor
trouble, failure of power, riot, insurrection, war, pandemic, acts of God or other reason of
like nature not the fault of such Party, such Party is excused from such performance for the
period of delay. The period for the performance of any such act shall then be extended for
the period of such delay.
8.09 Waiver of Jury Trial
The Licensor and Licensee each hereby waive any right to a trial by jury in any litigation
arising out of this Agreement or out of the Licensee’s use of space on the Licensor’s poles.
8.10 Department of Revenue
In the event the Department of Revenue of the State of Washington shall require the
Licensor to provide certain information concerning Licensee, Licensee agrees to cooperate
with and assist Licensor in providing information, data, or such other matters as may be
required by said Department of Revenue. Licensee specifically agrees to provide Licensor
with appropriate data as determined or required by the State Department of Revenue
concerning its pole attachments in each taxing district and such other data as may hereafter
be required by said Department of Revenue.
8.11 Section Heading
The section headings used in this Agreement are merely for ease of reference by the Parties.
The section headings are not intended to restrict or limit the applicability of the language
within any specific section. In the event of a conflict between the text of a section and the
section heading, the text shall control.
8.12 Survival
All provisions of this Agreement which may reasonably be interpreted or construed as
surviving the completion, termination or cancellation of this Agreement shall survive the
completion, termination or cancellation of this Agreement.
8.13 Authority to bind Parties and enter into Agreement
The undersigned represent that they have full authority to enter into this Agreement and to
bind the Parties for and on behalf of the legal entities set forth below.
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8.14 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same Agreement.
LICENSOR:
PUBLIC UTILITY DISTRICT NO. 1
OF SNOHOMISH COUNTY
By:
Guy Payne
Assistant General Manager
Date:
LICENSEE:
By:
Name:
Title:
Date:
City of Arlington Council Agenda Bill Item: NB #2 Attachment D
COVID-19 pandemic. The contract is for a three-year period for an amount not to exceed $360,000. The ACRC will hire a senior support specialist and a support specialist who will provide case management to those individuals experiencing barriers to housing and employment. The focus will
1
CONTRACT FOR COMMUNITY SUPPORT SERVICES – CAPACITY FUNDING
SUB-RECIPIENT NAME: Volunteers of Western Washington Arlington Community Resource Center
ADDRESS: 3210 Smokey Point Dr, #103 Arlington WA 98223
CONTACT NAME: Brian Smith CONTACT NUMBER: 425-891-5859
CONTACT EMAIL: bsmith@voaww.org
SUB-RECIPIENT IDENTIFYING NUMBER: ARP-19911
PROGRAM TITLE: Capacity Funding CONTRACT AWARD AMOUNT: $360,000
CONTRACT START DATE: January 1, 2022 CONTRACT END DATE: December 31, 2024
FUNDING SOURCE: American Rescue Plan Act CFDA NO. 21.027
AWARDING AGENCY U.S. Dept. of the Treasury Federal Award Date: June 8, 2021
PERIOD OF PERFORMANCE: January 1, 2022 through December 31, 2024.
CITY OF ARLINGTON CONTACT INFORMATION: Kristin Garcia, Finance Director
238 N. Olympic Drive Arlington WA 98233
360-403-3431
kgarcia@arlingtonwa.gov
THIS AGREEMENT is between the City of Arlington (“City”) and The Volunteers of Western
Washington Arlington Community Resource Center (“Sub-recipient”). The parties agree as
follows:
1. Scope of Services to be performed by Sub-recipient. The scope of work is defined in
Attachment A appended hereto. This funding award is not for research and development
purposes.
2. Time of Performance. All expenses under this agreement must be spent by December
31, 2024.
3. Funding Amount. The City shall pay to the Sub-recipient for the services to be provided
under this agreement a sum not to exceed $360,000.00 for satisfactorily carrying out the Scope
of Work described in Exhibit A. Funding will be provided on a reimbursement basis.
Reimbursements may not be submitted more than one time per month. Reimbursements will
2
be processed on either the first or third Monday of each month dependent upon when the
invoice is received by the city.
Payments made pursuant to this paragraph shall be the total compensation by the City for the
services to be performed by Contractor.
4. Indirect Cost Rate: The Sub-recipient is not authorized to apply an indirect cost rate
(allocation of overhead costs). All costs paid for under this agreement must be direct costs
related to operating the program.
5. Acknowledgement of Federal Funds. Funds under this agreement are made possible by
31 CFR part 35 of the Coronavirus State and Local Fiscal Recovery Funds. The Sub-recipient
agrees that any publications (written, visual or sound) but excluding press releases and
newsletter issued shall include the following statements: “This program was supported by
funding provided by the US Department of Treasury and any points of view expressed are those
of the author and do not represent the official position or policies of the US Department of
Treasury”.
6. Changes. This agreement may be modified as to terms of performance, terms relating
to compensation, or other matters upon mutual agreement of the parties, and shall become
effective only upon written amendment to this Contract, such amendment to be executed by
both parties.
7. City Review/Approval. Upon submittal of any report or other information required by
the scope of the work, the City may, following review by the City, accept such work or reject it,
or request such modification or additions as it deems appropriate.
8. Access to Books/Records. The City may, at reasonable times, inspect the books and
records of the Sub-recipient relating to the performance of this agreement.
9. Audit. The Sub-recipient shall maintain internal controls providing reasonable
assurance it is managing federal funds in compliance with laws, regulations and provisions of
contracts or grant agreements that could have a material effect on each of its federal programs.
The Sub-recipient is also required to prepare appropriate financial statements, including a
schedule of expenditures of federal awards, if applicable.
If the Sub-recipient expends more than $750,000 or more in federal funds from any or all
sources in any fiscal year, the Sub-recipient shall procure and pay for a single audit or a
program specific audit for that fiscal year. Upon completion of the audit the Sub-recipient shall
submit to the City a copy of the financial statements and any related management letters or
findings from the single audit.
3
10. Legal Requirements. The Sub-recipient, in the performance of this agreement, shall
comply with all applicable federal, state or local laws and ordinances including regulations for
licensing, certification and operation of facilities, programs and accreditation and licensing of
individuals and any other standards or criteria as described in this Agreement.
11. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury
are required to meet legal requirements relating to nondiscrimination and
nondiscriminatory use of Federal funds. Those requirements include ensuring that entities
receiving Federal financial assistance from the Treasury do not deny benefits or services,
or otherwise discriminate on the basis of race, color, national origin (including limited
English proficiency), disability, age, or sex (including sexual orientation and gender
identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964
(Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's
implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973
(Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title
IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the
Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975,
Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations
at 31 CFR part 23.
12. Termination.
a. If the Sub-recipient breaches any of its obligations hereunder, and fails to cure the same
within ten (10) days of written notice to do so by the City, the City may terminate this
agreement, in which case the City shall pay the Sub-recipient only for the costs of services
accepted by the City prior to the City's notice of termination, in accord with the schedule
referenced in section 3.
b. The City may terminate this agreement upon thirty (30) days written notice to the Sub-
recipient for any reason other than stated in subsection (a) of this section, in which case the
City shall pay the Sub-recipient for all costs incurred by the Sub-recipient in performing the
agreement in accord with the schedule referenced in section 3.
c. Termination shall not affect the rights of the City under any other section hereunder.
13. Hold Harmless. The Sub-recipient shall protect, save harmless, indemnify and defend,
at its own expense, the City, its elected and appointed officials, officers, employees and agents,
from any loss or claim for damages of any nature whatsoever, arising out of the performance of
this agreement, including claims by Contractor's employees or third parties, except for those
damages solely caused by the negligence or willful misconduct of the City, its elected and
appointed officials, officers, employees or agents.
4
14. Exercise of Rights or Remedies. Failure of either party to exercise any rights or
remedies under this Contract shall not be a waiver of any obligation by either party and shall
not prevent either party from pursuing that right at any future time.
15. Records. Sub-recipient must maintain adequate records to support billings. Said
records shall be maintained for a period of five (5) years after completion of this agreement by
the Sub-recipient. The City or any of its duly authorized representatives shall have access to
any books, documents or papers and records of the Sub-recipient which are directly related to
this agreement for the purposes of audit examinations, excerpts or transcripts. Expenditures
under this agreement which are determined by audit to be ineligible for reimbursement and for
which payment has been made to the Sub-recipient shall be refunded to the City by the Sub-
recipient.
16. Independent Contractor. Sub-recipient agrees that the services under this agreement
as an independent contractor and not as an agent, employee or servant of the City. The parties
agree that the Sub-recipient is not entitled to any benefits or rights enjoyed by employees of
the City. Sub-recipient specifically has the right to direct and control Sub-recipient’s own
activities in providing the agreed services in accordance with the specifications set out in this
agreement.
17. Consent to Delegate. The Sub-recipient shall not subcontract, assign or delegate any of
the rights, duties or obligations covered by this agreement without the prior express written
consent of the City.
18. Entire Agreement. This document constitutes the entire agreement between the
parties.
5
SUB-RECIPIENT:
_____________________________________ Date: _________________________
Brian Smith, Chief Operating Officer
Volunteers of Western Washington
Arlington Community Resource Center
CITY OF ARLINGTON
_____________________________________ Date: _________________________
Barbara Tolbert, Mayor
City of Arlington
6
ATTACHMENT A
______________________________
SCOPE OF WORK
1. GENERAL OVERVIEW: The Arlington community has seen an increase in individuals experiencing
homelessness due to indirect and direct factors relating to the pandemic, of which the majority
have substance use disorders or mental health barriers. The pandemic dramatically slowed down
many individuals path to stability with many services converting to over the phone or virtual
appointments, and many services were required to close or scale back services to meet safety
guidelines and protocols. Without regular access to a phone or the internet, many individuals
experiencing homelessness were sidelined when the pandemic began. We expect to see those in
homelessness with complex barriers to continue to have substantial challenges to stability as the
pandemic has also impacted the housing market and available affordable housing units for this
particular population.
2. PROGRAM DESCRIPTION: Funding will be used to hire a Senior Support Specialist and a Support
Specialist position.
The senior support specialist position will respond specifically to the effects of the pandemic by
serving the most vulnerable members of the Arlington community. The position will provide case
management to individuals with complex barriers to housing and employment and will seek to
further reduce challenges these individuals have to stability while navigating the adapted services
due to the pandemic protocols. The position will also provide training to the support specialist
team to ensure best practices in case management and action planning. The senior support
specialist will also stay up to date with all local COVID related support to help households affected
by the pandemic. The support specialist position will be focused on responding directly to
struggling low-income households in Arlington affected by COVID. The position will provide
referral and navigation services and assist clients with finding and utilizing resources.
3. ELIGIBLE COSTS: Eligible costs include salaries and benefits for the Senior Support Specialist and
the Support Specialist positions.
4. DELIVERABLES:
• Quarterly report with a minimum of the following information;
o Quarter 1 report only – 2019, 2020 and 2021 caseload summary
o Salary/benefit cost reports for the positions being funded
o Dollar amount of funds used to date and remaining balance
o Eligibility criteria for clients being served
o Number of clients being served, including demographic data
o Summary of program outcomes
• Itemized receipts for all eligible expenditures included with requests for reimbursement
• Check register including check number, date, dollar amount and payee
City of Arlington Council Agenda Bill Item: NB #3 Attachment E
for 2021, (CPI 5.2%) we have included those figures in this year’s resolution. Most airport property values are based on the appraisal, but the CPI adjusts buildings owned by the airport. Staff recommends
RESOLUTION NO. 20202021-XXX
A RESOLUTION OF THE ARLINGTON AIRPORT COMMISSION RELATING TO
CONSUMER PRICE INDEXED LEASES AT THE ARLINGTON MUNICIPAL AIRPORT
RESOLUTION 20210-XXX
WHEREAS, the Arlington Municipal Airport has numerous leases pertaining to airport
property; and
WHEREAS, some Airport leases provide for annual adjustments of rent based on the
Consumer Price Index (CPI), being more specifically described as “the Consumer Price Index for
All Urban Consumers as published by the United States Department of Labor, Bureau of Labor
Statistics, or its successor, for the smallest geographical region for which a separate index is
published and in which Seattle, WA is situated”; and
WHEREAS, the Bureau of Labor Statistics recently issued its September 2021 CPI
indexes, which establishes that the annual increase in the CPI-U for the Seattle metropolitan area
has been 1.65.2 percent over the past year;
NOW, THEREFORE, the Arlington, Washington Airport Commission do hereby resolve
as follows:
1. 1. The City CouncilAirport Commission finds that the hangars will
not increaserate increases for its CPI-based leases for the year beginning January
1, 20212022, however, businesses will have their rates increase 1.6%shall be
5.2% as stated in their leases.
2. The Airport Commission recommends the City Council increase airport fees
pursuant to the table set forth below.
APPROVED by the Arlington Airport Commission of the City of Arlington this _____ day
of November, 20202021.
CITY OF ARLINGTON
AIRPORT COMMISSION
____________________________________
Don Munson, Chairperson
ATTEST:
_________________________________
David Ryan, Airport Manager
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
Action / Service 2019 2020 2021 2022 Fee ($)
Rental Rates – Hangar
Rental Rates - Tie-Down
Land Lease Rates
Short Term Land Use – Special Events
EVOC
Use Agreement
Putnam Hall Meeting Room
Miscellaneous Fees
RESOLUTION NO. 2021-036
A RESOLUTION OF THE ARLINGTON AIRPORT COMMISSION RELATING TO
CONSUMER PRICE INDEXED LEASES AT THE ARLINGTON MUNICIPAL AIRPORT
WHEREAS, the Arlington Municipal Airport has numerous leases pertaining to airport
property; and
WHEREAS, some Airport leases provide for annual adjustments of rent based on the
Consumer Price Index (CPI), being more specifically described as “the Consumer Price Index for
All Urban Consumers as published by the United States Department of Labor, Bureau of Labor
Statistics, or its successor, for the smallest geographical region for which a separate index is
published and in which Seattle, WA is situated”; and
WHEREAS, the Bureau of Labor Statistics recently issued its September 2021 CPI
indexes, which establishes that the annual increase in the CPI-U for the Seattle metropolitan area
has been 5.2 percent over the past year;
NOW, THEREFORE, the Arlington, Washington Airport Commission do hereby resolve
as follows:
1. The Airport Commission finds that rate increases for its CPI-based leases for the
year beginning January 1, 2022, shall be 5.2% as stated in their leases.
2. The Airport Commission recommends the City Council increase airport fees
pursuant to the table set forth below.
APPROVED by the Arlington Airport Commission of the City of Arlington this _____ day
of November, 2021.
CITY OF ARLINGTON
AIRPORT COMMISSION
____________________________________
Don Munson, Chairperson
ATTEST:
_________________________________
David Ryan, Airport Manager
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
RESOLUTION 2021-036
Action / Service 2022 Fee ($)
Rental Rates – Hangar
Rental Rates - Tie-Down
Land Lease Rates
Short Term Land Use – Special Events
EVOC
Use Agreement
Putnam Hall Meeting Room
Miscellaneous Fees
Lease Rate Table
Land Use 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
WS City of Arlington Council Agenda Bill Item: NB #4 Attachment F
research/development and employment support of advanced manufacturing industries. With the majority of available land being leased for industrial buildings, now more than ever, it is critical to reserve property in order to locate facilities for higher education, research/development and industry
RESOLUTION NO. 2020 – XX
A RESOLUTION OF THE CITY OF ARLINGTON DESIGNATING AN AREA WITHIN THE AIRPORT
BUSINESS PARK TO ESTABLISH A CENTER OF EXCELLENCE FOR THE DEVELOPMENT OF FACILITIES
DEDICATED TO THE EDUCATION TRAINING INNOVATION AND SUPPORT OF THE
ADVANCED MANUFACTURING INDUSTRY
WHEREAS, the City of Arlington is the owner of the Arlington Municipal Airport, situated
within the Cascade Industrial Center. The Airport Business Park is an area zoned to allow uses
such as high technology research and development, training/educational facilities, offices, and
certain manufacturing and light industrial uses, within a park-like master-planned setting; and
WHEREAS, the City has determined that an area within the Airport Business Park be
designated as a “Center of Excellence” to construct facilities dedicated to the education,
training, research/development and long term support of advanced manufacturing industries,
especially in the development of robotics, artificial intelligence, advanced materials, additive
manufacturing, instrumentation and aerospace technologies ; and
WHEREAS, the City is committed to establishing a satellite campus, in partnership, with a
state university as the cornerstone of the “Center of Excellence”; and
WHEREAS, the City will pursue partnerships, with other entities, as key stakeholders in
both the development and longevity of the “Center of Excellence”;
NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby
resolve as follows:
1. The Arlington City Council declares that real property described on
Exhibit “A” hereto, situated at the northwest corner of the Airport
Business Park, located on the Arlington Municipal Airport, be
designated for the sole purpose of establishing the
“Center of Excellence”.
APPROVED by the Mayor and City Council of the City of Arlington this 3rd day of January,
2022.
CITY OF ARLINGTON
____________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_________________________________
Steven J. Peiffle, City Attorney
Center For Excelle nceFuture Development Area±City of Arlington
Date:
File:
Cartographer:Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express orimplied, including but not lim ited to warranties of suitability for a particular purpose or use. M apdata are compiled from a variety of sources which may contain errors and users who rely upon theinformation do so at their own risk. Users agree to indemnify, defend, and hold harmless the City ofArlington for any and all liability of any nature arising out of or resulting from the lack of accuracy orcorrectness of the data, or the use of the data presented in the maps.
Scale:Airport_Acres.5x11portrait_20
3/9 /20 20 akc
1 inch = 4 17 fe et
Legend
!H
!H
Airport Property Line
BUFFER ZONE
Round about and Road Extensio n (p ro posed)
Round about andRoad Exten sion (prop osed)
AIRPORT BLVD
43RD
AVE
NE
1.77acres est.
4.55acres est.
9.58acres est.6.26acresest.0.95acresest.
4.24acresest.
!H Roundabout (proposed)
Fire Station (proposed)
Roads (proposed)
Lots (pr oposed)
Airport P roperty
Parcels (SnoC o)Draft
City of Arlington Council Agenda Bill Item: NB #5 Attachment G
City has worked with other local water purveyors to cooperatively establish water service areas. The City of Arlington’s water service area extends beyond Arlington’s incorporated city limits. Water service outside city limits is rural in character and less densely populated than within city limits. With a less dense water service population outside city limits, the City also recognizes that it is costlier for operations and maintenance of the water services outside city limits; the water service area outside city limits has 11% of the water distribution system and only 4% of the customer base. To offset this increased cost of operations, many other municipalities charge a separate water utility rate for water service in areas outside city limits. The City contracted with Katy Isaksen and Associates, to perform an outside city limits utility rate study to determine an appropriate outside city limits rate schedule to help
ORDINANCE NO. 2022-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 13.12
PERTAINING TO UTILITY RATES
WHEREAS, the City of Arlington has the authority to set rates and charges for its utility
system; and
WHEREAS, the City of Arlington’s authorized water service area extends past
Arlington’s incorporated city limits, and
WHEREAS, the City recognizes that the water service area outside city limits is less
densely populated, having 11% of the water distribution system and only 4% of the customer
base, and
WHEREAS, the City recognizes that it is more costly for operations and maintenance of
the water services outside city limits, and that other municipalities charge a separate water utility
rate for water service in areas outside city limits, and
WHEREAS, the City contracted with Katy Isaksen and Associates to perform an outside
city limit utility rate study;
WHEREAS, the City Council considered this amendment at their workshop on December
13, 2021 and at their regular meeting held on January 3, 2022, and determined approving the
amendment was in the best interest of the City and its citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code Section 13.12.020 shall be and hereby is amended
to read as follows:
13.12.020 - Classifications defined.
(a) Single Family Residential (SFR) Unit. A single-family residential
building, or a single-family detached dwelling unit, that is designed for, permitted
for, and occupied exclusively by one family, and includes manufactured homes
and mobile homes, and is served by a single metered water meter. Each single
family residential unit shall be charged a minimum of one Base Charge based on
the meter size, as hereinafter defined, plus a charge based on the amount of water
consumption.
(b) Multi-Family Residential (MFR) Unit. A multifamily residential unit, also
referred to as a multidwelling unit, is a classification of housing where multiple
separate housing units designed and permitted for residential inhabitants are
contained within one building, or several buildings within one complex, and are
served by a single water meter. These structures may include duplexes, triplexes,
quadplexes, apartments, townhouse, condominiums, and mobile home parks.
Each multifamily residential metered water service shall be charged a minimum
of one Base Charge based on meter size, as hereinafter defined, plus a charge
based on the amount of water consumption.
(c) Commercial Units or Industrial Units. A commercial unit or industrial unit
consists of any public or private premises not defined as a SFR unit or MFR unit,
that has a metered water service and as hereinafter defined:
(1) Premises designed, permitted and occupied by only one business or
activity or tenant shall be deemed a separate commercial unit. Each such
commercial unit or industrial unit shall be charged one Base Charge, as
hereinafter defined, based on the meter size, plus a charge based on the
amount of water consumption.
(2) In case of multiple-occupancy commercial or industrial facilities
served by a single water meter, the individual/entity to whom the water
account is registered shall be charged one Base Charge based on actual
meter size, plus a charge based on amount of water consumption.
(d) Outside City Limits. Water service(s) that are not located within Arlington city
limits, but are within the Arlington Water Utility service area.
Section 2. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended
to read as follows:
13.12.040 - Water rates and charges.
Applicable state and city utility taxes are included in the following rates and
charges for water service. The total monthly water charges for every service shall
include the Base Charge, and the consumption charge, as set forth below.
Beginning on January 15, 2019, the rates set forth for the year 2018 shall be
increased annually by the October reported percentage increase of the consumer
price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers,
or other measure commonly used by the city should it change; provided, however,
that no CPI adjustment shall be made for the period from January 15, 2012 to
January 14, 2019; and provided further, however, that notwithstanding any
reduction in the CPI, rates shall not decrease.
(1) Minimum monthly Base Charge schedule:
Basic Charge
By Meter Size 2022INSIDE CITY
(2) Monthly rate schedule charged for water consumption:
Rate per 100 202218INSIDE
CITY RATES CITY
First 300 cf
Note - Included
in Base Charge
for SFR and
Commercial
water services
Charge for SFR
and Commercial
water services
only
(3) Fair and equitable minimum rates for water consumers having meters
larger than four inches shall be fixed by the city council and written agreements
shall be entered with the users setting forth said rates. The city council may enter
into contracts with water users deviating from such rates where special
circumstances dictate; provided that, such rates shall not be discriminatory.
(4) Temporary water service. Temporary water service for construction
purposes, or for any other purpose temporary in nature that will not require a
permanent service installation must be obtained through a Fire Hydrant Use
Permit as stipulated in AMC 13.04.100(e). Charges for temporary use of water
shall be as follows:
Temporary Water Services Charges
$2.94
$3.10
$3.10
(A) The security deposit shall be refunded to the customer after the equipment
has been returned and inspected for any damages; customer shall be solely
responsible for all damages. Customers shall be billed on a monthly basis for
monthly equipment rental charges and usage fees from the date of temporary
service installation.
(B) The usage rates set forth for temporary water service shall be increased
annually by the October reported percentage increase of the consumer price index
(CPI) for the Seattle-Tacoma-Bremerton Bellevue area for all urban consumers,
or other measure commonly used by the city should it change; provided, however,
that no CPI adjustment shall be made for the period from January 15, 2021 2022
to January 14, 20222023, and provided further, however, that notwithstanding any
reduction in the CPI, rates shall not decrease.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared unconstitutional
or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by
state or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this Ordinance or its application to other persons or circumstances.
Section 4. Effective Date. This Ordinance or a summary thereof shall be published
in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5)
days after the date of publication or on ________________, 2022on the first day of the billing
cycle effective February 1, 2022, whichever occurs later.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of January,
2022.
CITY OF ARLINGTON
_____________________________
Barbara Tolbert, Mayor
Attest:
_________________________
Wendy Van Der Meersche
City Clerk
Approved as to form:
_________________________
Steven J. Peiffle
City Attorney
City of Arlington
Public Works
Memo
To: Barbara Tolbert
From: James Kelly, Kris Wallace
Cc: Paul Ellis
Date: December 7, 2021
Re: Outside City Rate Analysis Summary
Public Works staff contracted with the utility rate analysis firm of Katy Isaksen & Associates (KIA) to
perform an analysis of utility rates and connection fees for water customers outside city limits, a
copy of the analysis is attached to this memorandum. This memorandum is only addressing the
utility rates analysis portion of the study.
- The basis used to establish utility rates is based on the “cost of service”. There is no established
method for separating and apportioning rates based on point of service location, current
industry practice is to use a benchmark approach to establish outside city limit rates.
- The KIA study evaluated 13 jurisdictions that are of similar size and population for utility
benchmark analysis; of these 13 cities, ten provide water service outside established city limits.
These ten cities were used in this benchmark analysis of outside service rates (includes
Arlington).
- Of the ten benchmark cities, only Arlington has the same water rates for inside and outside city
limits.
- Of the benchmark cities with a separate rate structure for outside city limit service, the
majority of jurisdictions use a 1.5 multiplier for the water base rate and excess water rate.
- Public Works staff conducted an assessment of local area benchmark cities to compare outside
city limits water rates, a summary of that comparison is below:
Outside City - 2021 Rates Base Rate Excess Monthly1
Sultan $57.11 $17.79 $74.90
Duvall $43.03 $29.28 $72.31
Monroe $38.53 $21.92 $60.45
Snohomish $39.84 $14.68 $54.52
Lake Stevens $22.98 $21.12 $44.10
Stanwood $43.40 $0.00 $43.40
Arlington Current $32.15 $8.82 $40.97
Granite Falls $34.00 $3.26 $37.26
Marysville $24.53 $11.72 $36.25
Note 1 - Monthly bills evaluated at 600 cubic feet of total water use.
Outside City Limits Rate
Analysis Summary
December 7, 2021
Page 2
- The average monthly cost impact to outside city limit customers from proposed 1.5x rate
increase is summarized below:
Outside City Limit Customer Type # of Accounts
Commercial: 5
Residential: 263
Total # Outside City Accounts: 268
Customer Class Current Rate Increase New Rate
based on Avg. Use Winter $52.73 $26.37 $79.10
$114.73 $57.37 $172.10
- The estimated annual revenue increase from a proposed 1.5x outside city limit rate increase
is $106,531.86.
Due to the rural setting and low housing density, the cost to provide potable water service outside
city limits is greater than the cost for similar service within city limits where the housing density is
much greater. Based on current information, outside city limits customers comprise 4% of water all
accounts but utilize 11% of all water distribution piping. A rate adjustment is warranted for the
increased cost of service. Proposed monthly rates are listed below.
Basic Charge By Meter
Size INSIDE CITY RATE OUTSIDE CITY RATE
5/8 "— 3/4"$32.15 $48.23
1"$44.96 $67.44
1.5"$57.78 $86.67
2"$93.07 $139.61
3"$353.50 $530.25
4"$450.05 $675.08
Consumption Rate per
100 cubic feet (cf)INSIDE CITY RATE OUTSIDE CITY RATE
First 300 cu ft included in base rate included in base rate
Next 700 cf $2.94 $4.41
Over 1,000 cf $3.10 $4.65
Over 3,000 cf $3.10 $4.65
Recommendation: Adopt a new water utility rate class for commercial and residential customers
outside city limits.
MEMORANDUM
Date: October 26, 2021
To: Kris Wallace & Jim Kelly, City of Arlington Public Works
From: Katy Isaksen, KI&A
Subject: Utility Rate and Connection Fee Analysis – Outside City Limits & Multifamily Examples
KI&A was requested to research the application of utility rates and connection fees regarding inside vs. outside
of city limits and inside city limits multifamily residential units from a variety of local and comparable cities for
both water and sewer service to benchmark current pricing and practices. The City of Arlington charges new
water and sewer connections based on the size of the meter required to serve the necessary plumbing fixtures.
The connection fee is currently the same for inside/outside city limits, where allowed (for example water is
allowed but sewer service is not allowed outside of city limits). Connection fees (also known as general facilities
charges, capital facilities charges, system development charges, etc.) are determined by each jurisdiction. Please
note that other fees for permits, installation, inspection are generally required to connect to a water or sewer
system and are set by each community.
Benchmark Communities – Twelve other jurisdictions were reviewed and included in the analysis for their
proximity to Arlington, Snohomish County, I-5 and similar sized communities that own their water and
wastewater facilities in western Washington. These communities include: Mount Vernon, Marysville,
Burlington, Sultan, Monroe, Snohomish, Stanwood, Duvall, Sedro-Woolley, Bonney Lake, Port Angeles, and Oak
Harbor. Each jurisdiction sets their own code, process and fee structure to meet the infrastructure and
customers being served. The data used was available on the utility websites dated fall 2020.
UTILITY RATES AND CONNECTION FEES OUTSIDE OF CITY LIMITS
The Outside city connection fees were reviewed and compared to inside city fees. Some websites were quite
clear in the fee structure, and others required reading the municipal code. After collecting the data and
reviewing the codes, patterns evolved, and example communities were put into one of several categories.
Instead of summarizing the dollar amount, the factor of outside city / inside city is shown (1.5 x means outside
city is charged 1.5 times the inside city fee).
WATER, among the 13 examples, I found several methods of charging outside city new connections,
including 1 with no difference, 2 charged higher for outside city connections, 7 charged the same connection
fee as inside city limits but monthly rates were higher, and 3 do not provide water service. Some
communities had additional special connection charges in specific areas, but it was hard to determine if this
was an inside/outside issue.
WATER
Outside City Limits
Connection Fee =
No Difference
Outside City Limits
Connection Fee =
Higher
Outside City Limits
Connection Fee = No
Difference but
Monthly Rates Higher
Do Not Provide
Water Service
Arlington Marysville, 1.16 x Sultan, 1.5 x Mount Vernon
Stanwood, 1.37 x Monroe, 1.5 x Burlington
Snohomish, 1.5 x Sedro-Woolley
Duvall, 1.5 x
Bonney Lake, 1.54 x
Port Angeles, 1.5 x
Oak Harbor, 1.5 x
KI&A Memo on Connection Fees (Draft 11-15-21).docx, 12/8/2021, Page 2
Connection Fee, No Difference – This is Arlington’s current methodology.
Connection Fee, Higher Outside than Inside City Limits – Marysville and Stanwood charge more for
connection fees outside of city limits by varying amounts, 1.16 or 1.37 times inside city.
Connection Fee, No Difference but Monthly Rates Higher – More than half of the example
communities charged the same connection fee for inside or outside city limits, but 1.5 times higher
monthly rates for outside city. The basis may be that the Connection Fee is for a share of the system
capacity but the cost of providing ongoing service is higher for outside city limits. This also provides an
incentive to annex.
Do Not Provide Service – Three communities in Skagit County rely on Skagit County PUD to provide
water service.
SEWER, among the 13 examples, I also found several methods of charging outside city new connections,
including 3 charged higher for outside city connections, 4 charged the same connection fee as inside city
limits but monthly rates were higher, and 6 do not provide sewer service outside of City limits, including
Arlington. Some communities had additional special connection charges in specific areas, but it was hard to
determine if this was an inside/outside issue.
Connection Fee, Higher Outside than Inside City Limits – Marysville, Burlington and Snohomish charge
more for connection fees outside of city limits by varying amounts ranging from 1.09 to 1.5 times inside
city.
Connection Fee, No Difference but Monthly Rates Higher – Monroe, Sedro-Woolley, Port Angeles and
Oak Harbor charge the same connection fee for inside or outside city limits, but 1.5 times higher monthly
rates for outside city. The basis may be that the Connection Fee is for a share of the system capacity but
the cost of providing ongoing service is higher for outside city limits.
Sewer Not Allowed Outside City Limits – Six communities, including Arlington, do not allow sewer
service outside of city limits. Some communities require annexation to the city prior to connecting to
sewer or have signed an agreement not to protest annexation. Other language discussed potential
emergency service for failed septic systems of existing homes, etc.
Conclusion on Utility Rates and Connection Fees Outside of City Limits – Arlington provides water service
outside of city limits but sewer service is not allowed outside of city limits. Arlington is the only city among the
benchmarked communities that charges the same utility rates and connection fees for inside and outside of city
limits.
MULTIFAMILY CONNECTION FEES
The same example communities were used to review how connection fees are applied to new multifamily
construction. Arlington currently charges new connections based on the meter size required to serve the
plumbing fixture counts for the application. This applies to single family, multifamily, commercial and mixed
SEWER
Outside City Limits
Connection Fee =
Higher
Outside City Limits
Connection Fee = No
Difference but
Monthly Rates Higher
Sewer Not
Allowed Outside
City Limits
Marysville, 1.09 x Monroe, 1.5 x Arlington
Burlington, 1.44 x Sedro-Woolley, 1.5 x Mount Vernon
Snohomish, 1.5 x Port Angeles, 1.5 x Sultan
Oak Harbor, 1.5 x Stanwood
Duvall
Bonney Lake
KI&A Memo on Connection Fees (Draft 11-15-21).docx, 12/8/2021, Page 3
development. It allows the flexibility to size the meter specific to the new development and charge connection
fees accordingly.
WATER, among the 13 examples, I found several methods of charging connection fees to multifamily
developments, including 6 by meter size or plumbing fixture counts, 5 by the number of dwelling units
ranging from 1.0 to 0.77 x single family per unit, and 1 by ERU based on number of units.
Multifamily Connection Fee by Meter Size or Fixture Count – This is Arlington’s current methodology
and was the most common method among the example communities.
Multifamily Connection Fee by Dwelling Unit – This was the next most popular method of determining
the connection fee for multifamily development, but there was a range of values applied to each unit.
Marysville and Monroe charge each unit the same as single family (1.0 per unit), Duvall charges
multifamily at 0.85 per unit compared to a single family unit. Bonney Lake uses 0.77 per multifamily
unit. Snohomish County PUD was included as 0.778 per multifamily unit.
Multifamily Connection Fee by ERU – Sultan charges per equivalent residential unit for multifamily
developments.
SEWER, among the 13 examples, I found several methods of charging connection fees to multifamily
developments, including 4 by meter size or plumbing fixture counts, 8 by the number of dwelling units at
varied values per unit, and by ERU based on number of units.
Multifamily Connection Fee by Meter Size or Fixture Count – This is Arlington’s current methodology
along with Snohomish, Stanwood, and Oak Harbor.
Multifamily Connection Fee by Dwelling Unit – This was the most popular method of determining the
connection fee for multifamily development, but there was a range of values applied to each unit, and
perhaps varying sizes of complexes. Some example communities charge the same per unit regardless
of the number of units, such as Marysville, Monroe and Sedro-Woolley at 1.0 (times single family) and
Duvall at 0.85 per unit. Some vary by size of complex, such as Mt. Vernon charges a duplex at 0.75
(times single family) per unit, and 3 or more units at 0.5 per unit or Burlington uses 1.0 per unit for
duplex and triplex, and 0.8 per unit for 4 or more units. Bonney Lake scales the connection fee based
WATER
Multifamily Connection Fee By
Meter Size / Fixture Count
Multifamily Connection Fee
By Dwelling Unit
Multifamily
Connection Fee
By ERU
Arlington Marysville, 1.0 per unit Sultan
Mt. Vernon Monroe, 1.0 per unit
Snohomish Duvall, 0.85 per unit
Stanwood Bonney Lake, >2, 0.77 per unit
Port Angeles Snohomish PUD, 0.778 per unit
Oak Harbor
SEWER
Multifamily Connection Fee By
Meter Size / Fixture Count
Multifamily Connection Fee
By Dwelling Unit
Multifamily
Connection Fee
By ERU
Arlington Mt. Vernon, Duplex 0.75, Multifamily 0.5 per unit Sultan
Snohomish Marysville, 1.0 per unit
Stanwood Burlington, Dup & Tri 1.0, 4+ units 0.8 per unit
Oak Harbor Monroe, 1.0 per unit
Duvall, 0.85 per unit
Sedro-Woolley, 1.0 per unit
Bonney Lake, >2 scaled on # bdrm/bonus rooms
Port Angeles, 0.9 for 1st unit, others 0.15 per unit
KI&A Memo on Connection Fees (Draft 11-15-21).docx, 12/8/2021, Page 4
on number of bedrooms or bonus rooms. Port Angeles is quite different in that they charge more like
a permit fee of $150 per unit for single family, and less for multifamily as shown.
Multifamily Connection Fee by ERU – Sultan charges per equivalent residential unit for multifamily
developments.
Conclusion on Multifamily Connection Fees – Arlington uses a methodology that scales up or down based on
the size of the meter required to provide service for the planned development. This is based on plumbing
fixture counts and reflects the difference in the size of multifamily units.
CONNECTION FEES OUTSIDE CITY LIMITS – DETAILS
Comparison of Residential 5/8" Meter
SF Residential Connection Fee Outside City Factor
Service Provider Inside City Outside City (Outside/Inside)Comments
City of Arlington
Water 6,868.00$ 6,868.00$ 1.00 No difference on inside/outside
Sewer 4,840.00$ not allowed n/a Sewer not allowed outside city limits
Mout Vernon
Water n/a n/a n/a City does not provide water service - Skagit PUD
Sewer 7,417.00$ not allowed n/a Sewer not allowed outside city limits
Marysville
Water 4,750.00$ 5,490.00$ 1.16 Inside/outside for Cap Impr Chg - per dwelling unit
Sewer 4,490.00$ 4,890.00$ 1.09 Inside/outside for Cap Impr Chg - per dwelling unit
Burlington
Water n/a n/a n/a City does not provide water service - Skagit PUD
Sewer 3,130.00$ 4,505.00$ 1.44 Inside city limits & UGA, or outside limits & western svcs area
Sultan
Water 6,147.00$ 6,147.00$ 1.00 No difference on SDC, but rates @ 1.5 x inside
Sewer 15,885.00$ not allowed n/a
Monroe
Water 4,111.00$ 4,111.00$ 1.00 No difference on SDC, but rates @ 1.5 x inside
Sewer 7,456.00$ 7,456.00$ 1.00 No difference on SDC, but rates @ 1.5 x inside
Snohomish
Water 2,816.00$ 1.50 No difference on SDC, but rates @ 1.5 x inside
Sewer 9,315.00$ 1.50 Cemetery Creek pay extra for trunk line, no diff on rates
Stanwood
Water 6,912.00$ 9,482.00$ 1.37 Higher for Cedarhome Benefit area
Sewer 7,719.00$ not allowed n/a Must annex to city for sewer service
Duvall
Water (+ spu $1,081)8,258.00$ 8,258 1.00 No difference on GFC, but rates @ 1.5 x inside
Sewer 11,754.00$ not allowed n/a
Sedro-Woolley
Water n/a n/a n/a City does not provide water service - Skagit PUD
Sewer 8,495.00$ 8,495.00$ 1.00 outside city, when allowed, same as inside, but rates more
Bonney Lake
Water 9,095.00$ 9,095.00$ 1.00 no difference for SDC, but rates @ 1.54 x inside
Sewer 11,606.00$ 11,606.00$ 1.00 city or county, @ 1.22 for fennel cr lift sta area, no diff on rates
Port Angeles
Water 1,280.00$ 1,280.00$ 1.00 No difference on conn fees, but rates @ 1.5 x inside
Sewer 150.00$ no mention n/a permit conn fee, no GFC
Oak Harbor
Water 3,081.00$ 3,081.00$ 1.00 by meter size, no difference for SDC, but rates @ 1.5 x inside
Sewer 1,680.00$ 1,680.00$ 1.00 by meter size, no difference for SDC, but rates @ 1.5 x inside
KI&A Memo on Connection Fees (Draft 11-15-21).docx, 12/8/2021, Page 5
CONNECTION FEES FOR MULTIFAMILY UNITS – DETAILS (cont’d)
Comparison of Residential 5/8" Meter
SF Residential Connection Fee Outside City Factor Multi Residential Connections
Service Provider Inside City Outside City (Outside/Inside)
City of Arlington
Water 6,868.00$ 6,868.00$ 1.00 by meter size / fixture count
Sewer 4,840.00$ not allowed n/a by meter size / fixture count
Mout Vernon
Sewer 7,417.00$ not allowed n/a Duplex @ 0.75 per unit, MF @ 0.5 per unit or by fixture
Marysville
Water 4,750.00$ 5,490.00$ 1.16 Residential incl. MF, 2012-2015 special $3k inside city
Sewer 4,490.00$ 4,890.00$ 1.09 Residential incl. MF, 2012-2015 special $3k inside city
Burlington
Sewer 3,130.00$ 4,505.00$ 1.44 SF, Duplex, Tri, 1.0 per dwelling unit, 4+ units 0.8 per unit
Sultan
Water 6,147.00$ 6,147.00$ 1.00 per ERU, by size of water meter req'd per city table
Sewer 15,885.00$ 15,885.00$ 1.00 per ERU
Monroe
Water 4,111.00$ 4,111.00$ 1.00 1 MCE per dwelling unit
Sewer 7,456.00$ 7,456.00$ 1.00 1 MCE per dwelling unit
Snohomish
Water 2,816.00$ 1.50 by meter size
Sewer 9,315.00$ 1.50 by meter size
Stanwood
Water 6,912.00$ 9,482.00$ 1.37 GFC per equivalent connection/meter size, connection by type (SFR 500, dup 750, tri 1000, 4+ 1000+250/unit
Sewer 7,719.00$ not allowed n/a per equivalent connection/meter size
Duvall
Water (+ spu $1,081)8,258.00$ 8,258 1.00 x .85 per unit
Sewer 11,754.00$ not allowed x .85 per unit
Sedro-Woolley
Sewer 8,495.00$ 8,495.00$ 1.00 x 1.0 per dwelling unit
Bonney Lake
Water 9,095.00$ 9,095.00$ 1.00 >2 units, x .77 per unit
Sewer 11,606.00$ 11,606.00$ 1.00 >2 units, scale based on #bdrm/bonus rooms
Port Angeles
Water 1,280.00$ 1,280.00$ 1.00 by meter size
Sewer 150.00$ no mention n/a $135 (.9) for 1st unit, + $10 add'l for each other unit
Oak Harbor
Water 3,081.00$ 3,081.00$ 1.00 by meter size
Sewer 1,680.00$ 1,680.00$ 1.00 by meter size
Snohomish Co PUD
Water 3,645.00$ n/a GFC = .778 ERU/dwelling unit