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HomeMy WebLinkAbout02-16-21 Council MeetingTo join Zoom meeting, click here. Meeting ID: 818 4278 6734 Passcode: 330180 To join by mobile 1-253-215-8782 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Congressman Rick Larsen – Update from Congress Mayor Barb Tolbert 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 Jesica Stickles 1.Minutes of the February 1 and February 8, 2021 Council meetings ATTACHMENT A 2. Accounts Payable Approval of EFT Payments and Claims Checks #102076 through #102192 dated February 2, 2021 through February 16, 2021 for $1,343,181.93; Approval of Payroll EFT Payments and Checks #30059 through #30065 dated January 1, 2021 through January 31, 2021 for $1,473,378.35 3. Dedication of Right of Way by Grandview 4 Lot Short Plat for 4th Ave.ATTACHMENT B 4. Dedication of Right of Way by Swire Coca-Cola for 63rd Ave.ATTACHMENT C 5. Dedication of Right of Way by PUD for 63rd Ave.ATTACHMENT D 6. Dedication of Right of Way by Gayteway Business Park for 197th St.ATTACHMENT E 7. Dedication of Right of Way by Gayteway Business Park for 74th Ave.ATTACHMENT F Arlington City Council Meeting Tuesday, February 16, 2021 at 7:00 pm PUBLIC HEARING NEW BUSINESS 1. Interlocal Agreement with Fire District #21 for Fire Protection ATTACHMENT G Staff Presentation: Dave Kraski Council Liaison: Marilyn Oertle 2. Petition for Lindsey Annexation ATTACHMENT H Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 3. Proposed Revisions to Arlington Municipal Code Title 5 ATTACHMENT I Regarding Business Licenses and Regulations Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 4. Ordinance to Approve Contract with State Department of Revenue ATTACHMENT J for Business Licensing Services Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert DRAFT Page 1 of 3 February 1, 2021 Councilmembers Present: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Debora Nelson, and Don Vanney. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Twenty-one 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 Jesica Stickles 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 None. CONSENT AGENDA Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the January 19 and January 25, 2021 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #101991 through #102074 dated January 20, 2021 through February 1, 2021 for $327,955.94. PUBLIC HEARING None. City Council Zoom Meeting Minutes of the City of Arlington City Council Meeting February 1, 2021 Page 2 of 3 NEW BUSINESS Interlocal Agreement with Snohomish County for Jail Services City Administrator Paul Ellis and Police Chief Jonathan Ventura requested Council approve the Interlocal Agreement (ILA) for Jail Services between Snohomish County and the City of Arlington. Mr. Ellis referred to the email with spreadsheet that he sent this morning. He indicated costs have gone up, and a budget amendment will be coming in the fall. Snohomish County and the City of Arlington entered into an interlocal agreement for jail services in April of 2015 and extended such several times. The most recent ILA expired December 31, 2020. Discussion followed with Mr. Ellis and Chief Ventura answering Council questions. Councilmember Marilyn Oertle moved and Councilmember Jesica Stickles seconded the motion to approve the Interlocal Agreement for Jail Services between Snohomish County and the City of Arlington, and authorized the Mayor to sign it, subject to final review by the City Attorney. The motion passed unanimously. Professional Services Agreement for Prosecutorial Services Police Chief Jonathan Ventura requested Council approve a Professional Services Agreement for Prosecutorial Services with Zachor & Thomas, Inc., P.S. The City of Arlington has had a Professional Services Agreement for Prosecutorial Services with Zachor & Thomas, Inc., P.S. since at least 2013, and has renewed such several times. The most recent Professional Services Agreement expired December 31, 2020. Councilmember Marilyn Oertle moved and Councilmember Jesica Stickles seconded the motion to approve a Professional Services Agreement for Prosecutorial Services with Zachor & Thomas, Inc., P.S., on the terms stated in their 9/16/2020 letter, and authorized the Mayor to sign it, subject to final review by the City Attorney. The motion passed unanimously. Interlocal Agreement Establishing Snohomish Regional Drug Task Force Police Chief Jonathan Ventura requested Council approve the Interlocal Agreement Establishing Snohomish Regional Drug Task Force. The City has been a longtime participant in the Snohomish Regional Drug Task Force (SRDTF). The City of Arlington entered into an interlocal agreement with the SRDTF in September of 2017 and extended such serval times. The most recent ILA expired December 31, 2020. Discussion followed with Chief Ventura answering Council questions. Councilmember Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve the Interlocal Agreement for Establishing Snohomish Regional Drug Task Force, and authorized the Mayor to sign it, subject to final review by the City Attorney. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting February 1, 2021 Page 3 of 3 COMMENTS FROM COUNCILMEMBERS None. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT Mayor Tolbert stated she spoke at the Senate Transportation Hearing regarding the SR-530 Roundabout. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:20 p.m _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 5 Council Chambers 110 East Third Street February 8, 2021 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Marc Hayes, Dave Kraski, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Brittany Kleinman and 13 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 Jesica Stickles 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 Interlocal Agreement with Fire District #21 for Fire Protection Fire Chief Dave Kraski reviewed an interlocal agreement with Fire District #21. This contract provides staffing (labor) in exchange for fire protection. Fire administration fostered this agreement and believes it is in both parties’ best interest. The fire department will receive monetary payment of $23,000.00 per month for each month the agreement is not in service (January and February). If the RFA vote is unsuccessful, there is a plan to add the second BLS unit to the 2022 budget. This agreement allows Arlington Fire to implement the unit sooner, and decrease the amount of outside transports done by other agencies, which is a loss of revenue. In 2020, that amounted to approximately 100 BLS transports. The previous fire contact for FD #21 expired at the end of 2020. The proposed and included ILA is the agreement for 2021 and beyond, if extended. Since the early 1960s, the City of Arlington has covered the south side of the fire district through contact. Over the years, this contract has been a combination of monetary payment or the provision of equipment. This contract provides staffing (labor) in exchange for fire protection. This is a creative approach reached collaboratively, and benefits both agencies. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop February 8, 2021 Page 2 of 5 Fire District #21 is constructing a fire station on the south side of the district on McElroy Road. The proposed ILA allows them to preserve monetary funds to put towards that project. The Arlington Fire Department benefits with the provision of a second Basic Life Support Unit. Arlington Fire unit (Aid #47) is near saturation and cannot sustain the call increase with the completion of multiple 55+ multi-family living facilities and general community growth. This agreement provides that FD #21will provide an EMS unit and a staff of two members daily, from March 1st through the end of 2021. This unit (Aid #50) will function as an Arlington unit providing BLS response and transport. Arlington will recoup all transport revenue inside the city limits and in a portion of FD #21. FD #21 will retain transport revenue in some portions of their legal service area if their unit does the transport. Discussion followed with Chief Kraski answering Council questions. Petition for Lindsey Annexation Community and Economic Development Director Marc Hayes reviewed a petition received from property owners for proposed annexation. The City has received a petition for annexation, from property owners representing 10% of the assessed value of the properties within the proposed annexation area. City Council must decide on several items. Whether to allow the subject properties to annex into Arlington, whether or not to amend the boundaries, and whether or not to require proportionate share indebtedness be assumed. If these items are agreed upon by City Council, then the proposed annexation may continue to the next phase of the process, which is the 60% petition. The subject area is currently in unincorporated Snohomish County, but is within the City’s identified Urban Growth Area (UGA).The current underlying zoning designation being Residential Ultra-Low Capacity (RULC), with an Overlay District Designation of Master Planned Neighborhood (MPN). A previous attempt to annex the area in 2006 stalled due to concerns regarding sewer capacity and concurrency requirements. In 2009, a zoning overlay requiring a Master Planned Neighborhood Development process was applied to the subject area. This request was presented to the Planning Commission at their February 2, 2021 workshop meeting. Discussion followed with Mr. Hayes answering Council questions. Proposed Revisions to Arlington Municipal Code Title 5 Regarding Business Licenses and Regulations Community and Economic Development Director Marc Hayes reviewed the proposed revisions. The proposed revisions to AMC Title 5 – Business Licenses and Regulations, would allow Department of Revenue to process business licenses on the City’s behalf, and general cleanup of some outdated verbiage. The City has entered into a contract with the Washington State Department of Revenue (DOR) Business License Service (BLS) program, for the purpose of collecting, processing and disbursing information, licenses and fees related to business licensing. The City shall retain its regulatory authority over its business licensing and other regulatory activities, except as expressly delegated by the contract. Discussion followed with Mr. Hayes answering Council questions. Minutes of the City of Arlington City Council Workshop February 8, 2021 Page 3 of 5 Ordinance to Approve Contract with State Department of Revenue for Business Licensing Services Community and Economic Development Director Marc Hayes reviewed the ordinance to approve a contract with Department of Revenue for business license service. The ordinance directs partnership with Department of Revenue Business Licensing Service. The City wishes to contract with the Washington State Department of Revenue (DOR) Business License Service (BLS) program, for the purpose of collecting, processing and disbursing information, licenses, and fees related to business licensing. The City shall retain its regulatory authority over its business licensing and other regulatory activities, except as expressly delegated by the contract. Discussion followed with Mr. Hayes answering Council questions. Dedication of Right of Way by Grandview 4 Lot Short Plat for 4th Ave. Community and Economic Development Director Marc Hayes reviewed a dedication of real property for public right of way. Council is being asked to accept dedication of a strip of real property for public right of way purposes, as described in Exhibit “A”, for installation of frontage improvements on 4th St/Alcazar. Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. This dedication was a requirement of the Grandview 4 Lot Short Plat. Discussion followed with Mr. Hayes answering Council questions. Dedication of Right of Way by Swire Coca-Cola for 63rd Ave. Community and Economic Development Director Marc Hayes reviewed a dedication of real property for public right of way. Council is being asked to accept dedication of a strip of real property for public right of way purposes, as described in Exhibit “A”, for construction of 63rd Ave. across Swire Coca-Cola property, in conjunction with the SmartCap construction of 63rd Ave. Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. This dedication was a requirement of the SmartCap 188th St. development. Dedication of Right of Way by PUD for 63rd Ave. Community and Economic Development Director Marc Hayes reviewed a dedication of real property for public right of way. Council is being asked to accept dedication of a strip of real property for public right of way purposes, as described in Exhibit “A”, for construction of 63rd Ave. in conjunction with the PUD site development. Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. This dedication was a requirement of the PUD Binding Site Plan. A brief discussion followed with Mr. Hayes answering Council questions. Minutes of the City of Arlington City Council Workshop February 8, 2021 Page 4 of 5 Dedication of Right of Way by Gayteway Business Park for 197th St. Community and Economic Development Director Marc Hayes reviewed a dedication of real property for public right of way. Council is being asked to accept dedication of a strip of real property for public right of way purposes, as described in Exhibit “A”, for future extension of 197th St. NE, to provide connectivity between 67th Ave. and Arlington Valley Road. Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. This dedication was a requirement of the Gayteway Business Park, Binding Site Plan. Discussion followed with Mr. Hayes answering Council questions. Dedication of Right of Way by Gayteway Business Park for 74th Ave. Community and Economic Development Director Marc Hayes reviewed a dedication of real property for public right of way. Council is being asked to accept dedication of a strip of real property for public right of way purposes, as described in Exhibit “A”, for construction of pedestrian trail adjacent to Arlington Valley Road (74th Ave). Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. This dedication was a requirement of the Gayteway Business Park, Binding Site Plan. Discussion followed with Mr. Hayes answering Council questions. York House Discussion City Administrator Paul Ellis reviewed Council’s request to discuss the York House, and whether it should be demolished/removed. Mr. Ellis stated that if Council chooses to remove the building, it will be a lengthy process, beginning with abatement, and a permit from Puget Sound Clean Air. A staff person would need to be trained to manage the details, and the cost could be between $30,000 and $40,000. The funds would likely come from the Park Capital Fund or Program Development Fund. The building removal was not budgeted, and there would have to be a budget amendment. Brittany Kleinman, from PARC, was present in the Zoom meeting, and stated that PARC is not in favor of using park funds to remove the house. PARC does not believe it is a wise use of park funds. Discussion followed. Mr. Ellis stated that this item would be further researched, and brought to Council for further discussion at the April 10 Council budget retreat. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT Mayor Tolbert stated that she has been working on legislative issues – namely transportation budget. Minutes of the City of Arlington City Council Workshop February 8, 2021 Page 5 of 5 COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette stated that she received questions regarding the water contamination in Florida, with citizens concerned that could happen in Arlington. She requested that the Public Works Director provide information regarding safeguards that are in place. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the following items on the consent agenda for the February 16, 2021 Council meeting: 5. Dedication of Right of Way by Grandview 4 Lot Short Plat for 4th Ave. 6. Dedication of Right of Way by Swire Coca-Cola for 63rd Ave. 7. Dedication of Right of Way by PUD for 63rd Ave. 8. Dedication of Right of Way by Gayteway Business Park for 197th St. 9. Dedication of Right of Way by Gayteway Business Park for 74th Ave. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:22 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit CGrandview ROW Dedication ± City of Arlington Date: File: Cartographer: Scale:GrandviewROW_8.5x11_21 2/2 /20 21 akc 1 inch = 5 0 fee tLegend Grand view ROW Ded ication N ALCAZAR AVE E 4TH ST Grandview ROW Dedicatio n Parcels Aerial 20 17 ² City of Arlington Council Agenda Bill Item: CA #4 Attachment C EXHIBIT A 5/9/ 2 0 2 0 Benchmark Surveying LLC 11915 44th Dr. SE Everett, WA 98208 206-396-3199 EXHIBIT B Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit C Swire Coca ColaRight-of-Way Dedication City of Arlington Date: File: Cartographer: Scale:Swiire_CocaCola_ROW_8.5x11_20 11/24/2020 akc 1 inch = 2 00 fe et 30' ROW Dedication SwireCoca-ColaProperty 63RD AVE NE 180TH ST NE Legend Swire 30' ROW Dedication Parcels Aerial 20 17 ± City of Arlington Council Agenda Bill Item: CA #5 Attachment D EXHIBIT LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION A STRIP OF LAND WITHIN SNOHOMISH COUNTY TAX PARCEL NO. 31052200400200, SAID TAX PARCEL DESCRIBED AS: PARCEL 1: THAT PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING WEST OF THE NORTHERN PACIFIC RAILROAD RIGHT OF WAY; EXCEPT THE NORTH 330 FEET OF THE WEST 1,124 FEET THEREOF. PARCEL 2: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS RESERVED IN STATUTORY WARRANTY DEED RECORDED UNDER RECORDING NO. 8111100107. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TAX PARCEL NO. 31052200400200; THENCE NORTH 87°58’26” WEST ALONG THE SOUTH LINE THEREOF, FOR A DISTANCE OF 811.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87°58’26” WEST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 60.00 FEET; THENCE LEAVING SAID LINE NORTH 02°01’34” EAST A DISTANCE OF 300.48 FEET TO THE BEGINNING OF A 270.00-FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 119.23 FEET THROUGH A CENTRAL ANGLE OF 25°18’05” TO A POINT OF TANGENCY; THENCE NORTH 23°16’31” WEST, A DISTANCE OF 119.71 FEET TO THE BEGINNING OF A 330.00-FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 143.99 FEET THROUGH A CENTRAL ANGLE OF 25°00’00” TO A POINT OF TANGENCY; THENCE NORTH 01°43’29” EAST A DISTANCE OF 0.23 FEET TO A POINT ON THE NORTH LINE OF SAID TAX PARCEL NO. 31052200400200; THENCE SOUTH 88°03’29” EAST ALONG SAID NORTH LINE A DISTANCE OF 60.00 FEET TO THE BEGINNING OF A 270.00-FOOT RADIUS CURVE CONCAVE TO THE EAST, FROM WHICH THE RADIUS POINT BEARS SOUTH 88°16'44" EAST; THENCE LEAVING SAID LINE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 117.81 FEET THROUGH A CENTRAL ANGLE OF 25°00’00” TO A POINT OF TANGENCY; THENCE SOUTH 23°16’31” EAST, A DISTANCE OF 119.71 FEET TO THE BEGINNING OF A 330.00-FOOT RADIUS CURVE CONCAVE TO THE WEST; EXHIBIT LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION THENCE SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 145.73 FEET THROUGH A CENTRAL ANGLE OF 25°18’05” TO A POINT OF TANGENCY; THENCE SOUTH 02°01’34” WEST A DISTANCE OF 300.48 FEET TO THE POINT OF BEGINNING. CONTAINING 0.94 ACRES OR 41,021 SQUARE FEET, MORE OF LESS. SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. (SEE ATTACHED EXHIBIT MAP) Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit APUD ROW Dedication ± City of Arlington Date: File: Cartographer: Scale:PUDROW_8.5x11_21 1/26/2021 akc 1 inch = 2 25 fe etLegend 18' ROW Dedication PU DROW Ded ication Public Utility District #1 63RD AV E NE 63RD AVENE 180TH ST NE PUD ROW De dication Parcels Aerial 20 17 ² City of Arlington Council Agenda Bill Item: CA #6 Attachment E Project: 21334 Gayteway Business Park LLC 21334L.001.docx OBH November 5, 2020 EXHIBIT “A” (RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION) A PORTION OF THE NORTH 584.85 FEET OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 AND THE EAST LINE OF THE WEST 860.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 01°44’21” WEST, ALONG THE EAST LINE OF THE WEST 860.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 584.85 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°17’08” WEST, ALONG THE SOUTH LINE OF THE NORTH 584.85 FEET OF SAID SUBDIVISION 1475.43 FEET TO THE WEST LINE OF TAX PARCEL 31051400200700; THENCE NORTH 02°00’48” EAST, ALONG THE WESTERLY LINE OF SAID TAX PARCEL 60.00 FEET; THENCE SOUTH 88°17’08” EAST, 1245.19 FEET; THENCE SOUTH 39°34’06” EAST 59.88 FEET TO A POINT 15.00 FEET NORTH OF SAID SOUTH LINE OF THE NORTH 584.85 FEET; THENCE SOUTH 88°17’08” EAST, 190.42 FEET TO SAID EAST LINE OF THE WEST 860.00 FEET; THENCE SOUTH 01°44’21” WEST, ALONG SAID EAST LINE 15.00 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Containing 79,059 SF 11/05/2020 11 For: Title: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit AGayteway ROW Dedication ± City of Arlington Date: File: Cartographer: Scale:GaytewayROW_8.5x11_20 2/2 /20 21 akc 1 inch = 4 00 fe etLegend Gayteway ROW Dedicatio n Gayteway 1'ROW Ded ication Gayteway Property 197THST NE 200TH PLNE 197TH PL NE CEMETERYRD 69TH AVE NE 67TH AVE NE 72ND AVE NE 201ST ST NE 71ST AVE NE 74TH AVE NE SR 9 ARLINGTONVALLEYROAD 204TH ST NE Gayteway ROW Ea sement Gayteway Prope rty Parcels Aerial 20 17 ² City of Arlington Council Agenda Bill Item: CA #7 Attachment F Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit AGayteway ROW Dedication ± City of Arlington Date: File: Cartographer: Scale:GaytewayROW_8.5x11_20 2/2 /20 21 akc 1 inch = 4 00 fe etLegend Gayteway ROW Dedicatio n Gayteway 1'ROW Ded ication Gayteway Property 197THST NE 200TH PLNE 197TH PL NE CEMETERYRD 69TH AVE NE 67TH AVE NE 72ND AVE NE 201ST ST NE 71ST AVE NE 74TH AVE NE SR 9 ARLINGTONVALLEYROAD 204TH ST NE Gayteway ROW Ea sement Gayteway Prope rty Parcels Aerial 20 17 ² City of Arlington Council Agenda Bill Item: NB #1 Attachment G is unsuccessful, we have planned in the 2022 budget to add the second BLS unit. This agreement allows us to implement the unit sooner and decrease the amount of outside transports done by other agencies, which is a loss of revenue. In staffing (labor) in exchange for fire protection. This is a creative approach reached collaboratively, and benefits both agencies. Fire District #21 is constructing a fire station on the south side of the district on McElroy Road. The proposed ILA allows them to preserve monetary funds to put towards that project. The Arlington Fire Department benefits with the provision of a second Basic Life Support Unit. Our current unit (Aid #47) is near saturation and cannot sustain the call increase we are beginning to see with the completion of multiple 55+ multi-family living facilities and general community growth. This agreement provides that FD #21will provide an EMS unit and a staff of two members daily from March 1st through the end of 2021. This unit (Aid #50) will function as an Arlington unit providing BLS response INTERLOCAL AGREEMENT - 1 - INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY FIRE PROTECTION DISTRICT #21 AND CITY OF ARLINGTON FOR FIRE SERVICES THIS INTERLOCAL AGREEMENT (the “Agreement”) is made and entered into this ___ day of ______________________, 20__, by and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT #21, a Washington municipal corporation (the “District”), and the CITY OF ARLINGTON, a Washington municipal corporation (the “City”). The District and the City are referred to collectively as the “Parties” and individually as “Party.” I. RECITALS WHEREAS, the Parties consider it to be in the best interest of the citizens they serve to explore and collaborate wherever feasible to improve efficiency and service delivery; WHEREAS, the District contracts with the City to provide fire services for properties within its jurisdiction located within the AQ-W grids (the “Southern District Territory”); WHEREAS, in the past, the District made annual payments to the City for fire services in the Southern District Territory; WHEREAS, in lieu of payment, the parties desire for the District to furnish BLS medical services within the City as provided herein, including an EMS unit (“Aid #50”) that is fully staffed with two (2) emergency medical technicians as provided herein; and WHEREAS, the Parties are authorized, pursuant to Chapter 39.34 of the Revised Code of Washington, to enter into this Agreement to allow the Parties to cooperate with each other to provide high-quality services to the public in the most efficient manner possible. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: II. TERMS 1. Purpose. The purpose of this Agreement is to establish a contractual arrangement under which the District will provide a fully staffed EMS unit to the City and, in exchange, the City will provide fire protection services to the Southern District Territory as provided herein. 2. Term. This Agreement shall become effective on January 1st 2021.. All terms and conditions of the Agreement shall remain in full force and effect until December 31, 2021, or until terminated as otherwise provided herein, whichever occurs first. INTERLOCAL AGREEMENT - 2 - 2.1 Renewal. Prior to termination, the term of the Agreement may be renewed in ninety (90)-day increments by mutual written agreement. 2.2 Termination. Either Party may terminate this agreement by providing the other Party with sixty (60) days written notice of its intention to terminate. 2.3 Payment. For months when the District BLS unit is not operational, the City shall be compensated $23,000.00 per month. This will occur in January and February and not expected in any other months. 2.4 Regional Fire Authority. The City of Arlington has a ballot measure before the voters in February of 2021 to join the North County Regional Fire Authority. If that measure is successful, this agreement will transfer to the NCRFA on August 1st 2021. 3. EMS Unit and Staffing. 3.1 Aid #50. The District shall provide the City with Aid #50. The District shall fully supply and equip Aid #50, including with two (2) SCBAs and sufficient personal protective equipment. The City shall station Aid #50 at Station 46, Station 47, or Station 48 at the City’s option. 3.1.1 Visual Identification. Aid #50 shall be visually identified as “Arlington Rural / Snohomish County Fire District 21 - Aid #50.” 3.1.2 Maintenance. The City shall loan the District a different EMS unit for use under this Agreement when routine maintenance and repair is required on Aid #50. This is intended to be on a short-term basis. In the event a loaned EMS unit is required for more than fourteen (14) days, the City and the District will meet and confer on how to proceed. 3.2 Staffing. The District shall fully staff Aid #50 on a 24/7 basis with two (2) employees with a minimum of EMT-B and FF1 certifications. The District may staff Aid #50 with part-time employees; provided, however, the Parties intend for the District to staff Aid #50 with a full-time employee for approximately eighty percent (80%) of shifts. The employees staffing Aid #50 will not be assigned to any other apparatus or duties except as provided herein. The City shall house the employees staffing Aid #50 at the same station as the Aid #50. 3.2.1 Shifts. The employees staffing Aid #50 shall ordinarily work twenty-four (24)-hour shifts. The City may release the employees staffing Aid #50 after a twelve (12)-hour shift – thereby putting Aid #50 out of service for twelve (12) hours; provided, however, the City must provide the District with forty-eight (48) hours’ advance notice either by phone or email. In the event a FD #21 staff member is unable to work (sick/injury) the district shall backfill the position at its expense including moving personnel from station #49 to the city. If backfill is unsuccessful the City will assist with backfilling the position and charge the district for the full cost of labor. This is the least preferred option. 3.2.2 Mutual Aid. The employees staffing Aid #50 may be used in mutual aid staffing on non-EMS responses. INTERLOCAL AGREEMENT - 3 - 3.2.3 Uniforms. The employees staffing Aid #50 shall wear the District’s uniforms. 3.2.4 Discipline. The employee staffing Aid #50 shall report and take direction from the City. However, the District is solely responsible for supervising the performance of such employees. The City shall promptly notify the District of any performance deficiencies or misconduct by employee(s) staffing Aid #50 so that the District may take appropriate action. All disciplinary action shall be the responsibility of the District. 3.3 EMS Billing. A City ESO tablet shall be used on all responses in BH and AQ-W grids for EMS responses and transports under this Agreement with revenue billed and collected by the City, except that a District ESO tablet shall be utilized in AQ-W grid numbers 2317A/B, 2318A/B, 2416, 2417A/B, 2418, 2419, 2420A/B/C/D, 2516, 2517, 2518, 2519A/B/C/D, 2520, 2521A, 2618, 2619, 2620A, 2718, 2719A/B/C/D, 2720C, 2818, 2819A, and 2918, where revenue shall be billed and collected by the District. The City ESO tablet shall be used on all mutual / automatic aid the City provides under this Agreement to all neighboring agencies except for the District. Revenue from GEMT (Ground Emergency Medical Transport) will be receivable by the agency who submitted the medical report for billing. 4. Fire Services. The City shall provide fire prevention and fire protection services to the Southern District Territory to the same extent and in the same manner as it provides such services to all other individuals, businesses, and local governments within its geographic service boundaries. 4.1 Non-Emergent Incidents. Extended duration, non-emergent incidents within the Southern District Territory requiring standby shall be transitioned to the District, including, without limitation, pipeline maintenance, landslides, power-line incidents, and wildland fire standby. 5. Expenses. The Parties shall bear their own separate expenses associated with this Agreement, including, without limitation, staffing, uniforms, maintenance, fuel, and supplies. The District will bear the cost of any repairs for damage to Aid #50, except to the extent caused by the City, or its employees or volunteers. 6. Concurrent Emergencies. It is understood and agreed by the Parties that the dispatch of units during concurrent emergencies is determined by the protocols of the dispatch centers, and automatic and/or mutual aid agreements. Nothing herein shall require the City or the District to respond first as opposed to other areas protected by the City or the District. Rather, the Parties recognize that responses to concurrent emergencies shall be determined by the City or the District based upon the City’s or the District’s operational judgment and without regard to where the concurrent emergencies occur. 7. Other EMS Agreement. This Agreement shall not affect the Interlocal Agreement for Emergency Medical Services Agreement Regarding 2019-2022 Services dated January 29, 2019, which shall remain in effect. 8. Not Employees of Other Party. Nothing in this Agreement shall be interpreted as the City becoming the employer of the District’s employees, or vice versa. The employee of each INTERLOCAL AGREEMENT - 4 - Party shall remain an employee of that Party and subject to its collective bargaining agreement, if any. 9. Mutual Cooperation. This Agreement shall be implemented and administered by the Fire Chief from the District and the Fire Chief from the City, or their designees, who shall meet and confer as needed on any matters of mutual concern which involve this Agreement. 10. Acts of Employees. Each of the Parties shall, at all times, be solely responsible for the acts or the failure to act of its personnel that occur or arise in any way out of the performance of this Agreement. 11. Recording. A copy of this Agreement shall be filed with the Snohomish County Auditor or posted on the website of either Party. 12. Notices. All notices, requests, demands, or other communications pursuant to this Agreement shall be in writing and shall be deemed to have been given if personally delivered or mailed, registered or certified mail, return receipt requested, postage pre-paid upon deposit in the United States mail and mailed to the Parties at the following addresses: The District: Snohomish County Fire Protection District #21 ATTN: Fire Chief 12131 228th Street Northeast Arlington, WA 98223 The City: The City of Arlington ATTN: Fire Chief 238 North Olympic Ave. Arlington, WA 98223 The Parties agree that the addresses of all Parties to which notice shall be given may be changed at any time by written notice to the other Party. 13. Independent Municipal Governments. The Parties hereto are independent municipal corporations. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each Party. Nothing in this Agreement shall be construed to create a joint entity between the Parties. 14. Indemnification. 14.1 To the extent permitted by law, the District shall indemnify, hold harmless and defend the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages (“Claims”) of any nature whatsoever, by reason of negligent or intentional acts or omissions of the District, its officers, agents, and employees, or any of them, in performing services pursuant to this Agreement. In the event that any suit is based upon such a Claim is brought against the City, the District shall defend the same at its sole cost and expense; provided that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and further provided, if final judgment be rendered against the City and its officers, agents, employees or any of them, or jointly against the City and the District and their respective officers, agents, and employees, or any of them, for negligent or intentional acts or omissions of the District, the District shall satisfy the same; and further provided, that if any such Claim is based on the concurrent negligence INTERLOCAL AGREEMENT - 5 - of the parties, then the District’s obligation under this Section applies only to the extent of it negligence. 14.2 To the extent permitted by law, the City shall indemnify, hold harmless and defend the District and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages (“Claims”) of any nature whatsoever, by reason of negligent or intentional acts or omissions of the City, its officers, agents, and employees, or any of them, in performing services pursuant to this Agreement. In the event that any suit is based upon such a Claim is brought against the District, the City shall defend the same at its sole cost and expense; provided that the District retains the right to participate in said suit if any principle of governmental or public law is involved; and further provided, if final judgment be rendered against the District and its officers, agents, employees or any of them, or jointly against the District and the City and their respective officers, agents, and employees, or any of them, for negligent or intentional acts or omissions of the City, the City shall satisfy the same; and further provided, that if any such Claim is based on the concurrent negligence of the parties, then the City’s obligation under this Section applies only to the extent of it negligence. 15. No Benefit to Third Parties. This Agreement is entered into for the benefit of the Parties and shall confer no benefits, direct or implied, on any third persons. Nothing herein shall be construed as creating an exception to the Public Duty Doctrine. 16. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated directly between the Parties, and represents the combined work product of all Parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the Party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 17. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 18. Entire Agreement. The entire agreement between the Parties hereto with respect to the services contained in this Agreement, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect thereto. This Agreement may be amended only by written instrument executed by the Parties subsequent to the date hereof. SNOHOMISH COUNTY FIRE PROTECTION DISTRICT #21 By: ____________________________ Fire Commissioner THE CITY OF ARLINGTON By: Barb Tolbert, Mayor City of Arlington Council Agenda Bill Item: NB #2 Attachment H subject properties to annex into Arlington b) Whether or not to amend the boundaries and c) Whether or not to require (RULC), with an Overlay District Designation of Master Planned Neighborhood (MPN). A previous attempt to annex the area in 2006 stalled due to concerns regarding sewer capacity and concurrency requirements. In 2009 a zoning overlay requiring a Master Planned Neighborhood Development process was applied to Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are com piled from a variety of sources which m ay containerrors and users who rely upon the information do so at their own risk. U sers agree to indemnify, defend, and hold harmlessthe City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. Lindsey A nnexation ± City of Arlington Date: File: Cartographer: Scale:LindseyAnnexOFM8.5x11_21 1/21/2021 kdh/akc 1 inch = 5 50 fe et Lindsey Annexation Parcels (97.5 acres) 176TH PL NE OSPREY RD BOREAL CT KESTREL CT I RO NWOODST HARRIERDR SAINT ANDREWS CT SR 9 175TH PL NE 79TH AVE NE 82ND DR NE PERREGRINE PL 168TH ST NE 177TH ST NE 172NDPLNECONDOR DR NE 175TH ST NE 176TH ST NE 174TH PL NE74TH DR NE 73RDDR NE 75TH AVE NE 77TH AVE NE 83RD DR NE 84TH AVENE 81 ST DR NE 85TH AVE NE W COUNTRYCLUBDR MCPHERSON RD REDHAWK DR 79TH DR NE 80THDRNE GLENEAGLEBLVD 172ND ST NE Edgecombe Creek 31052600100100 31052600100200 31052600100300 3105260010140031052600101500 31052600101700 31052600102000 31052600102100 31052600102200 31052600102300 31052600100400 31052600101900 31052600101800 31052600100800 31052500200500 31052500200600 31052600101901 31052500200601 Legend An nexation City Limits Arlington UGA Assessor Parcels Priva te Roa d Pu blic Righ t of Way Pa rks Note : Parcel 3105 2500 20060 1 a nd 3 10526 00101 901 a re d uplica ted Parcels City of Arlington Council Agenda Bill Item: NB #3 Attachment I ORDINANCE 2021-XXX 1 ORDINANCE NO. 2021 – XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, AMENDING PROVISIONS OF TITLE 5 OF THE ARLINGTON MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES WHEREAS, Washington State law, chapter 19.02 RCW, provides for a centralized, “onestop” process for business licensing known as the Business Licensing Service, administered by the Washington State Department of Revenue; and WHEREAS, the Washington State Legislature, through enacted legislation, 2017 EHB 2005, codified as chapter 35.90 RCW, has set terms for municipalities to connect to the Business Licensing Service in the administration of their business licensing activities; and WHEREAS, for the City to contract with the Business Licensing Service for business licensing services, the City’s code must be revised; and WHEREAS, the Arlington City Council has considered this matter during a regularly and duly called public meeting of said Council, and believes adoption of this ordinance to be in the best interests of the citizens of Arlington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Arlington Municipal Code Section 5.04.070 shall be and hereby is amended to read as follows: 5.04.070 - License required. It is unlawful for any person to engage in business as a peddler/solicitor in the city without first obtaining a city of Arlington peddler/solicitor license for each person selling on behalf of the business. Any peddler/solicitor as defined in this chapter shall apply for and receive a city peddler/solicitor license prior to engaging in such activity, unless the peddler/solicitor is exempt as indicated in AMC 5.04.080. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. SECTION 2. Arlington Municipal Code Section 5.12.020 shall be and hereby is amended to read as follows: ORDINANCE 2021-XXX 2 5.12.020 - Taxicab operation—Compliance with conditions—License required. It is unlawful to operate any taxicab upon the streets of Arlington until any person owning or operating said taxicab has first complied with the following conditions: (1) Comply with all the laws of the state relating to the operation of taxicabs, and obtain a permit from the director of licenses of the state for the operation of said taxicab; (2) File the required bond or liability insurance with the director of licenses of the state, as is now or may hereafter be required by law; (3) Have on file with the city clerk of the city a receipt from the insurance company showing payment of the premium upon such bond or liability insurance required to be filed with the director of licenses of the state, together with a copy of such bond; (4) Have paid all license fees due to the state or city; providing this section shall not apply to any taxicab entering the city for the purpose of discharging passengers who have entered said taxicab at points outside the corporate limits of the city; (5) A person owning or operating any of the vehicles defined in Section 5.12.010 (a) and (c) shall first secure a license to do so from the city clerk, obtained in the following manner: (A) The applicant shall upon blanks provided for the purpose by the city clerk, furnish full information concerning ownership; the number and classification of vehicles to be operated; the name, fictitious or otherwise, under which the applicant intends to operate; and such other information as may be deemed necessary for proper supervision and the public good; (B) If it appears from the information obtained that the applicant has met all of the requirements of this chapter, that the vehicles are equipped with valid state licenses, and that they are properly bonded or insured for the protection of the public as required by the motor vehicle laws of the state, a license may be issued upon payment of the license fee herein provided for in Section 5.12.030; (C) All licenses shall expire one year from the date the same is granted. (6) The person, firm or corporation owning or operating such taxicab shall file with the city clerk a true, accurate, and detailed statement of its rates, fares or charges in current use by such taxicab, and shall also post said rates in a conspicuous place in said taxicab where the same can be readily observed and read by a passenger for hire therein and it is unlawful to charge any higher or greater fare than that set forth in said schedule of rates. ORDINANCE 2021-XXX 3 (7) The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (8) The provisions of this chapter shall not apply to motor vehicles operated by any municipal or privately owned nonprofit transit system. SECTION 3. Arlington Municipal Code Section 5.28.040 shall be and hereby is amended to read as follows: 5.28.040 Definitions. Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied in construing the provisions of this chapter. "Business" means all services, activities, occupations, pursuits or professions located and/or performed within the city with the object of pecuniary gain, benefit or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time. Each business location shall be deemed a separate business. This definition includes, without limitation, home occupations, peddlers, hawkers, and utility companies. It also includes the activities of businesses that are located outside the city where sales or services are solicited by the physical presence of business representatives inside the city. Businesses that are exempt from this chapter are specified in Section 5.28.060. “Business Licensing Service” or “BLS” means the office within the Washington State Department of Revenue providing business licensing services to the city. "City clerk" means the city clerk of the city of Arlington, or his/her designee. “Engaging in Business” shall have the following meaning: (1) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (2) This definition sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (1) of this definition. If an activity is not listed, whether it constitutes engaging in business in the City shall be Deleted: ORDINANCE 2021-XXX 4 determined by considering all the facts and circumstances and applicable law. (3) Without being all inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. (b) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. (c) Soliciting sales. (d) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (f) Installing, constructing, or supervising installation or construction of, real or tangible personal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (I) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. (j) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. ORDINANCE 2021-XXX 5 (l) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (p) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (4) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license. (a) Meeting with suppliers of goods and services as a customer. (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. (d) Renting tangible or intangible property as a customer when the property is not used in the City. (e) Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the City's trade show or multiple vendor event ordinances. (f) Conducting advertising through the mail. (g) Soliciting sales by phone from a location outside the City. (5) A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities ORDINANCE 2021-XXX 6 in the City. Such activities do not include those in subsection (4) of this definition. The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. "Pecuniary" means of or pertaining to money. "Person" means one or more persons, corporations, partnerships, associations or other entities, but shall not include employees of persons licensed pursuant to this chapter. SECTION 4. Arlington Municipal Code Section 5.28.050 shall be and hereby is amended to read as follows: 5.28.050 Business license required. It is unlawful for any person to conduct, operate, engage in or practice any business within the city, whether his or her office or place of business is located within and/or outside city limits, without having first obtained a business license from the city. A business license or annual renewal is required for a business to operate or to continue to operate during each and every year pursuant to Section 5.28.130 of this chapter. If a person conducts business at more than one location within the city each such location must be licensed separately. If more than one distinct business activity is conducted on single premises, a separate license is required for each separate business conducted, operated, engaged in or practiced. If two or more persons each conduct business at the same premises, each such person must obtain a separate license. All licenses issued pursuant to the provisions of this chapter must be posted in a prominent location at the premises for which it was issued. SECTION 5. Arlington Municipal Code Section 5.28.060 shall be and hereby is amended to read as follows: 5.28.060 – Exemptions. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: (a) Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption Deleted: Deleted: Deleted: Deleted: ORDINANCE 2021-XXX 7 does not apply to regulatory license requirements or activities that require a specialized permit. (b) Farmers or gardeners occasionally selling their own unprocessed farm products raised, grown, and sold exclusively upon lands owned or occupied by them; (c) Garage sales conducted on residential premises in compliance with any provisions of the city's land use code (d) Any business which is owned and operated by a person under the age of eighteen years, and which is exempt from federal income tax reporting; (e) Any business which operates only as a temporary booth during approved community celebrations and which is approved by the entity which has been authorized to run said celebration. (f) Nonprofit activities carried on by religious, charitable, benevolent, fraternal or social organizations, such as are described by 26 USC § 501(c)(3); (g) Any instrumentality of the United States, state of Washington, or political subdivision thereof with respect to the exercise of governmental functions. SECTION 6. A new Arlington Municipal Code Section 5.28.065 shall be and hereby is adopted to read as follows: 5.28.065 Nonprofit businesses. Business engaged in within the city by nonprofit organizations, other than those exempted under AMC 5.28.060 (f), must be license as required by this chapter. Provided, however, such a nonprofit organization is exempt from the city business license fee if it submits proof of a federal tax exemption issued by the Internal Revenue Service under a provision of 26 USC § 501(c). SECTION 7. Arlington Municipal Code Section 5.28.120 shall be and hereby is amended to read as follows: 5.28.120 Application procedure. Application for a city business license is made through the Business Licensing Service, and must include all information required for each license requested, the total fees due for all licenses, and the application handling fee required by RCW 19.02.075. (a) The city clerk may request additional information as may be needed to determine whether an application may be approved, including, but not limited to if the business premises are to be located on property owned by another person, written evidence of the property owner's consent. (b) Deleted: submitted to the city clerk on an official application form developed by the clerk. Each application shall be complete and signed by the person who intends to conduct, operate or engage in the business for which the license is to be issued, and shall state the nature of the business, its proposed address and telephone number(s), the names and addresses of all owners of the business (or their registered agent), and such other Deleted: application must be made and signed by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local ORDINANCE 2021-XXX 8 The city clerk shall forward copies of all applications to appropriate city department and divisions. All departments and divisions shall conduct current review of applications and report their approval or denial back to the city clerk within twenty working days of the date the application was received and the city clerk shall act on the license application within twenty-five working days of the same being submitted. (c) If the city clerk receives a recommendation of denial from any city official because of noncompliance with city regulations or policy, the applicant shall be notified and provided sufficient time (generally two weeks) to amend his/her application so as to comply with the appropriate regulations. (d) If an application is denied, the reason for denial shall be stated in writing. The applicant shall have a period of ten days after a license denial to appeal the decision to the city's hearing examiner. Upon receiving such an appeal, the hearing examiner shall review the application and any staff recommendations to consider whether or not the license should be issued. The applicant has the right to provide testimony to the hearing examiner prior to his decision. Such review and testimony may be in the form of a meeting, a conference call, or through the submission of written argument, the choice being the applicants. The applicant shall be given not less than seven days advance notice of the review. The decision of the hearing examiner shall be final, subject only to an appeal filed with Snohomish County Superior Court within fourteen days following the date of such decision. (e) Neither the filing of an application for a license or the renewal thereof, nor any payment of any application or renewal fee, shall authorize a person to engage in or conduct a business until such license has been granted or renewed. SECTION 8. Arlington Municipal Code Section 5.28.130 shall be and hereby is amended to read as follows: 5.28.130 Term of license and renewals. (a) A business license issued pursuant to the provisions of this chapter will expire on the date established by the Business Licensing Service (BLS), and must be renewed on or before that date to continue engaging in business in the city. (b) Applications for renewal of business licenses is made through the BLS and must include all information required to renew each license involved, the total fees due for each license, and the renewal application handling fee required by RCW 19.02.075. (c) The license term and respective fee amount may be prorated as needed to synchronize the license expiration with the expiration of the business account maintained by the BLS. Deleted: (c) If the business premises are to be located on property owned by another person, the application shall include written evidence of the property owner's consent. ¶ Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: renewals thereafter shall be for a period of one Deleted: clerk, together with the renewal fee, prior to June 30th of each year. The city clerk shall send a renewal notice to each licensee at the last address provided to the city. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license, or from payment of the license fee when and as due hereunder. A business license shall expire on June 30th of the year following issuance, if not renewed as Deleted: ORDINANCE 2021-XXX 9 (d) Failure to complete the license renewal by the expiration date will incur the late renewal penalty fee required by RCW 19.02.085 in addition to all other fees due. (e) Failure to complete the license renewal within 120 days after the expiration of the license will result in the cancellation of the license and will require submitting an application for a new license to continue to engage in business within the city. The city may require payment of all past due amounts prior to approving the new license. SECTION 9. Arlington Municipal Code Section 5.28.140 shall be and hereby is amended to read as follows: 5.28.140 Compliance with all other codes when a business changes. Whenever a business changes in operation, use, number of employees, amount of services (e.g., sewer, water, etc.) it uses, etc., and the changes adversely affect the service or the site's ability to minimize off-site impacts, it is the owner's responsibility to comply with all codes regulating those particular issues. For example, if employees are added, but there is only enough on-site parking for the original number, then more spaces need to be added. Similarly, if a manufacturing process changes such that additional sewage is generated, then additional connection charges may be required. The business owner must report such changes directly to the city as soon as possible. However, the obligation to upgrade a site or service commences with the actual change in the business. SECTION 10. Arlington Municipal Code Section 5.28.150 shall be and hereby is amended to read as follows: 5.28.150 Fees and penalties. (a) The annual city fee for each business license required by this chapter, and each renewal thereof, will be set by resolution of the city council. (b) The annual city license fee must accompany the application. (c) If pursuant to the provisions of this chapter, the applicant's request for a license is denied, either upon original application or renewal, twenty-five percent of the city fee tendered will be retained by the city as a processing fee and seventy-five percent of the city fee tendered will be refunded to the applicant by the city no later than ninety days following such denial. (d) In addition to other penalties specified in this chapter, the city may assess an additional late payment penalty, as set by resolution of the city council, for late payment of the city license fee. This additional penalty will be assessed by, and is payable directly to the city. (e) A fee for an appeal of a decision to issue a license, as set by resolution, must be paid by the applicant. Such fee will cover the cost of engaging a hearing Deleted: Deleted: Deleted: Deleted: Deleted: prior to the June 30th expiration date may be prorated Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: ORDINANCE 2021-XXX 10 examiner and any staff time or other costs incurred by the city in processing said appeal. SECTION 11. Arlington Municipal Code Section 5.36.040 shall be and hereby is amended to read as follows: 5.36.040 License for business required—Fee. (a) No public place of amusement, including but not limited to places which offer sexually-oriented adult entertainment, shall be operated or maintained in the city unless the owner or lessee thereof has obtained a license from the city clerk. For places offering sexually-oriented adult entertainment, the required license shall be the adult entertainment premises license as set forth in Section 5.36.070(a). It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operation of an unlicensed public place of amusement/entertainment. (b) The annual fee for such a license shall be five hundred dollars. (c) This license expires annually on December 31 and must be renewed by January 1. (d) There will be no prorating of the fee. (e) The applicant must be eighteen years of age or older. (f) The License required by this section is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. SECTION 12. Arlington Municipal Code Section 5.36.050 shall be and hereby is amended to read as follows: 5.36.050 License for managers and entertainers required—Fee. (a) No person shall work as a manager or entertainer at a public place of amusement offering sexually-oriented adult entertainment without having first obtained a manager's or entertainer's license from the city clerk pursuant to Section 5.36.070. (b) The annual fee for such a license shall be one hundred dollars. (c) This license expires annually on December 31 and must be renewed by January 1. (d) There will be no prorating of the fee. (e) The applicant must be eighteen years of age or older. (f) The licenses required by this section are separate from the business license issued under Chapter 5.28 AMC, which may also be required when applicable. SECTION 13. Arlington Municipal Code Section 5.40.020 shall be and hereby is amended to read as follows: ORDINANCE 2021-XXX 11 5.40.020 License-Required—Application. It is unlawful for any person, firm or corporation engaged in the business of motor vehicle wrecker or towing operator as defined in Section 5.40.010 to tow or otherwise remove motor vehicles from the scene of an accident, disability or impounding, without first obtaining a license pursuant to the provisions of this chapter, by making written application to the city clerk or his/her designee for such license. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. SECTION 14. Arlington Municipal Code Section 5.44.020 shall be and hereby is amended to read as follows: 5.44.020 Permit required. A special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways. Such special event permit shall be in addition to any street or park use, or other regular permits as may be required by ordinance. The permit required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. A special event permit is not required for the following: (1) Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Arlington; (2) Funeral and wedding processions; (3) Groups required by law to be so assembled; (4) Gatherings of thirty or fewer people in a city park, unless merchandise or services arc offered for sale or trade; (5) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales; (6) Garage sales and rummage sales; (7) The exhibition of films or motion pictures; (8) Other similar events and activities which do not directly affect or use city services of property. Any person desiring to sponsor a parade, athletic event or special event shall be encouraged to apply for a special event permit by filing an application with the city at least sixty days prior to the date on which the event is to occur. ORDINANCE 2021-XXX 12 Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. SECTION 15. Arlington Municipal Code Section 5.48.030 shall be and hereby is amended to read as follows: 5.48.030 License required—Application. (a) It shall be unlawful for any person, firm or corporation to operate or cause to be operated (as described in section 5.48.020(a) within the city limits an ambulance or ambulance service without first being issued a license therefore by the city. It shall also be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (b) It shall be unlawful for any person, firm or corporation (other than the city fire department or other fire districts working on a mutual aid basis or from an E- 911 response) to operate or cause to be operated (as described in section 5.48.020(a) emergency ambulance service within the city limits, except as provided in section 5.48.100. (c) Such license may be obtained by applying therefore at the office of the city finance director on forms provided. (d) To the extent not inconsistent with other provisions of this chapter, the provisions of chapter 5.28 dealing with general issuance of city licenses, shall be applicable to this chapter and are hereby incorporated herein by this reference. SECTION 16. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Ordinance and the same shall remain in full force and effect. SECTION 17. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. PASSED by the City Council and approved by the Mayor this 16th day of February, 2021. CITY OF ARLINGTON ORDINANCE 2021-XXX 13 _________________________________ Barbara Tolbert, Mayor ATTEST: __________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney Citation Comments 5.04.070 Inserted a statement separating the license of this chapter from the business license of chapter 5.28. 5.12.020 (7) & (8)Inserted a statement separating the license of this chapter from the business license of chapter 5.28. Renumbered subsections. Chapter 5.28, list of sections Inserted a section heading to reflect the respective new section inserted inot the chapter. 5.28.040 Inserted a definition for 'BLS'. Offerred some minor technical adjustments in the 'Engaging in business' definition {sub (2); sub (5)} 5.28.050 Added some additional conditions requiring a separate license, as well as providing attempted clarification of needing a separate license for each type of business activity. 5.28.060 (a)Suggest deleting a phrase that was not originally intended to be part of the model ordinance text. 5.28.060 (f)Inserted a reference to the IRS code that relates to the organization types described in the subsection. Embedded a comment referring to a suggestion for dealing with other types of nonprofit organizations. 5.28.065 NEW Section Suggested a provision for the city to consider, to require a license for nonprofits, other than those already exempted from the license, but allowing an exemption from the city fee if the organization submits proof of its tax exempt status. 5.28.120 Added pertinent process regarding applications submitted through BLS, and deleted any that are not compatible with that process. Provided separation for other procedures the city can still undertake on their own, outside of the BLS process 5.28.130 Added pertinent process regarding renewals submitted through BLS, and deleted any that are not compatible with that process. Provided separation for other procedures the city can still undertake on their own, outside of the BLS process 5.28.140 Since the type of business changes intended by this section are not collected in the BLS renewal process, suggested a modification for reporting directly to the city. 5.28.150 Provided revisions that clarify terminology and what part of the process is handled by the city as opposed as that administered through BLS. 5.36.040 (f) NEW Subsection 5.36.050 (f) NEW Subsection Inserted a statement separating the license of this chapter from the business license of chapter 5.28. 5.40.020 Inserted a statement separating the license of this chapter from the business license of chapter 5.28. Citation Comments 5.44.020 Inserted a statement separating the license of this chapter from the business license of chapter 5.28. 5.48.030 (a)Inserted a statement separating the license of this chapter from the business license of chapter 5.28. Title 5 BUSINESS LICENSES AND REGULATIONS [1] Chapters: 5.04 Peddlers and Solicitors 5.12 Vehicles For Hire 5.24 Pawnbrokers and Secondhand Dealers 5.28 Business Licenses 5.36 Sexually Oriented Adult Entertainment 5.40 Towing Business and Tow Trucks 5.44 Parades, Athletic Events and Other Special Events 5.48 Ambulance and Emergency First Aid Services Footnotes: --- (1) --- State Law reference— For statutory provisions authorizing cities of the third class to license, for the purpose of regulation and revenue, all and every kind of business, see RCW 35.24.290 (7). Chapter 5.04 PEDDLERS AND SOLICITORS 5.04.070 - License required. It is unlawful for any person to engage in business as a peddler/solicitor in the city without first obtaining a city of Arlington peddler/solicitor license for each person selling on behalf of the business. Any peddler/solicitor as defined in this chapter shall apply for and receive a city peddler/solicitor license prior to engaging in such activity, unless the peddler/solicitor is exempt as indicated in AMC 5.04.080. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (Ord. No. 2010-030, § 2, 12-20-2010) Chapter 5.12 VEHICLES FOR HIRE 5.12.020 - Taxicab operation—Compliance with conditions—License required. It is unlawful to operate any taxicab upon the streets of Arlington until any person owning or operating said taxicab has first complied with the following conditions: (1) Comply with all the laws of the state relating to the operation of taxicabs, and obtain a permit from the director of licenses of the state for the operation of said taxicab; (2) File the required bond or liability insurance with the director of licenses of the state, as is now or may hereafter be required by law; (3) Have on file with the city clerk of the city a receipt from the insurance company showing payment of the premium upon such bond or liability insurance required to be filed with the director of licenses of the state, together with a copy of such bond; (4) Have paid all license fees due to the state or city; providing this section shall not apply to any taxicab entering the city for the purpose of discharging passengers who have entered said taxicab at points outside the corporate limits of the city; (5) A person owning or operating any of the vehicles defined in Section 5.12.010 (a) and (c) shall first secure a license to do so from the city clerk, obtained in the following manner: (A) The applicant shall upon blanks provided for the purpose by the city clerk, furnish full information concerning ownership; the number and classification of vehicles to be operated; the name, fictitious or otherwise, under which the applicant intends to operate; and such other information as may be deemed necessary for proper supervision and the public good; (B) If it appears from the information obtained that the applicant has met all of the requirements of this chapter, that the vehicles are equipped with valid state licenses, and that they are properly bonded or insured for the protection of the public as required by the motor vehicle laws of the state, a license may be issued upon payment of the license fee herein provided for in Section 5.12.030; (C) All licenses shall expire one year from the date the same is granted. (6) The person, firm or corporation owning or operating such taxicab shall file with the city clerk a true, accurate, and detailed statement of its rates, fares or charges in current use by such taxicab, and shall also post said rates in a conspicuous place in said taxicab where the same can be readily observed and read by a passenger for hire therein and it is unlawful to charge any higher or greater fare than that set forth in said schedule of rates. (7) The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (8) The provisions of this chapter shall not apply to motor vehicles operated by any municipal or privately owned nonprofit transit system. (Ord. No. 2011-005, § 1, 2-22-2011; Ord. 293 §2, 1950). Chapter 5.28 BUSINESS LICENSES Sections: 5.28.010 Title. 5.28.020 Power to license for regulation and/or revenue. 5.28.030 Purpose. 5.28.040 Definitions. 5.28.050 Business license required. 5.28.055 Repealed by Ord. No. 2018-xxx, § 3, 12-3-2018 5.28.060 Exempt businesses. 5.28.065 Nonprofit businesses. 5.28.070 Licenses not transferable. 5.28.080 Administration and enforcement. 5.28.090 Disclaimer of city liability. 5.28.100 Ineligible activities. 5.28.110 General qualifications of licensees. 5.28.120 Application procedure. 5.28.130 Term of license and renewals. 5.28.140 Compliance with all other codes when a business changes. 5.28.150 Fees and penalties. 5.28.160 Standards of conduct. 5.28.170 Grounds for suspension or revocation of license. 5.28.180 Hearing required for license suspension or revocation. 5.28.190 Penalties for violation. 5.28.200 Enforcement. 5.28.010 Title. This chapter shall constitute the business license code of the city and be cited as such. (Ord. 1386 §1, 2006: Ord. 932 §1(part), 1988). 5.28.020 Power to license for regulation and/or revenue. This chapter is adopted by the city, exercising its power authorized under general laws to license and revoke licenses for cause, to regulate, make inspections and to impose fees for revenue or regulation in regard to all places and kinds of business, occupations, trades, professions and any other lawful activity, as such power is described in RCW 35A. (Ord. 1386 §2, 2006: Ord. 932 §1(part), 1988). 5.28.030 Purpose. The purpose of this chapter is to ensure public health, safety and welfare, gather information, and to review compliance issues, including, but not limited to the following: (1) To ensure fire safety; (2) To collect economic development, planning and demographic data; (3) To provide utility information and compliance confirmation (e.g., cross connection, pretreatment); (4) To ensure compliance with the land use code, zoning and permits; (5) To enable impact analysis; (6) To provide a right to inspect; (7) To regulate businesses; (8) To maintain a list of emergency contacts; (9) To provide an opportunity to communicate with businesses; (10) To cause a legal use to move, close or come into compliance if it is not in compliance with city codes and regulations; (11) To provide review of home occupations for compliance; and (12) To track nonconforming uses. (Ord. 1386 §3, 2006: Ord. 932 §1(part), 1988). 5.28.040 Definitions. Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied in construing the provisions of this chapter. "Business" means all services, activities, occupations, pursuits or professions located and/or performed within the city with the object of pecuniary gain, benefit or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time. Each business location shall be deemed a separate business. This definition includes, without limitation, home occupations, peddlers, hawkers, and utility companies. It also includes the activities of businesses that are located outside the city where sales or services are solicited by the physical presence of business representatives inside the city. Businesses that are exempt from this chapter are specified in Section 5.28.060. “Business Licensing Service” or “BLS” means the office within the Washington State Department of Revenue providing business licensing services to the city. "City clerk" means the city clerk of the city of Arlington, or his/her designee. “Engaging in Business” shall have the following meaning: (1) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (2) This definition sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (1) of this definition. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. (3) Without being all inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. Commented [ZC(1]: It was unclear from the context of Ord. No. 2018-xxx whether any existing definitions in this section were deleted by the ordinance (because of not appearing in section 1 of the ordinance). It was, however, assumed the only actions taken were to insert the “Engaging in Business” definition (Sec. 1), and amending the Deleted: section (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. (b) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. (c) Soliciting sales. (d) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (f) Installing, constructing, or supervising installation or construction of, real or tangible personal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (h) Collecting current or delinquent accounts. (I) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. (j) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. (l) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (m) Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (n) Investigating, resolving, or otherwise assisting in resolving customer complaints. (o) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (p) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (4) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license. (a) Meeting with suppliers of goods and services as a customer. (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. (d) Renting tangible or intangible property as a customer when the property is not used in the City. (e) Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the City's trade show or multiple vendor event ordinances. (f) Conducting advertising through the mail. (g) Soliciting sales by phone from a location outside the City. (5) A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection (4) of this definition. The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. "Pecuniary" means of or pertaining to money. "Person" means one or more persons, corporations, partnerships, associations or other entities, but shall not include employees of persons licensed pursuant to this chapter. (Ord. No. 2018-xxx, §§ 1 & 2, 12-3-2018; Ord. No. 2015-002, § 1, 1-20-2015; Ord. 1386 §4, 2006: Ord. 932 §1(part), 1988). 5.28.050 Business license required. It is unlawful for any person to conduct, operate, engage in or practice any business within the city, whether his or her office or place of business is located within and/or outside city limits, without having first obtained a business license from the city. A business license or annual renewal is required for a business to operate or to continue to operate during each and every year pursuant to Section 5.28.130 of this chapter. If a person conducts business at more than one location within the city each such location must be licensed separately. If more than one distinct business activity is conducted on single premises, a separate license is required for each separate business conducted, operated, engaged in or practiced. If two or more persons each conduct business at the same premises, each such person must obtain a separate license. All licenses issued pursuant to the provisions of this chapter must be posted in a prominent location at the premises for which it was issued. (Ord. No. 1479, § 1, 12-7-2009;Ord. 1386 §5, 2006: Ord. 932 §1(part), 1988). 5.28.055 Repealed by Ord. No. 2018-xxx, § 3, 12-3-2018 5.28.060 – Exemptions. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: Deleted: Commented [ZC(2]: It is unclear whether the intent here is to define ‘business’ as a separate business activity even when conducted by the same person, as opposed to only when more than one person conducts business at the same location. It is assumed the intent is the former, and a separate license is required for each type of [distinct] business activity, and suggested revisions address that Deleted: shall Deleted: where the license business, profession, trade or occupation is carried on (a) Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. (b) Farmers or gardeners occasionally selling their own unprocessed farm products raised, grown, and sold exclusively upon lands owned or occupied by them; (c) Garage sales conducted on residential premises in compliance with any provisions of the city's land use code (d) Any business which is owned and operated by a person under the age of eighteen years, and which is exempt from federal income tax reporting; (e) Any business which operates only as a temporary booth during approved community celebrations and which is approved by the entity which has been authorized to run said celebration. (f) Nonprofit activities carried on by religious, charitable, benevolent, fraternal or social organizations, such as are described by 26 USC § 501(c)(3); (g) Any instrumentality of the United States, state of Washington, or political subdivision thereof with respect to the exercise of governmental functions. (Ord. No. 2018-xxx, § 4, 12-3-2018; Ord. 1386 §6, 2006: Ord. 932 §1(part), 1988). 5.28.065 Nonprofit businesses. Business engaged in within the city by nonprofit organizations, other than those exempted under AMC 5.28.060 (f), must be license as required by this chapter. Provided, however, such a nonprofit organization is exempt from the city business license fee if it submits proof of a federal tax exemption issued by the Internal Revenue Service under a provision of 26 USC § 501(c). 5.28.070 Licenses not transferable. (a) No license issued under the provisions of this chapter shall be transferable or assignable. When a business changes ownership, location, or upon substantial change in the type of business operated, a new business license shall be required. (b) Upon the sale or transfer of any business that is licensed pursuant to this chapter, the license issued to the prior owner shall automatically expire on the date of such sale or transfer and the new owner shall apply for and obtain a new business license prior to engaging in, conducting or operating the business. (Ord. 1386 §7, 2006: Ord. 932 §1(part), 1988). 5.28.080 Administration and enforcement. (a) The city clerk, under the authority granted pursuant to RCW 35A and this chapter, shall have general charge of, and supervision over, the administration and enforcement of this chapter and shall exercise such power and perform all duties imposed upon him/her by this chapter. (b) The city clerk may call upon other city departments to aid in the enforcement of this chapter, and it shall be the duty of all department heads to report any violations of this chapter to the city clerk. (c) Any person, including a city official(s), may submit complaints or objections to the city clerk regarding the application for the issuance or renewal of any license. All information, complaints or Deleted: Commented [ZC(4]: Note this does not address the requirements that might be placed on other types of nonprofit organizations that may conduct business in the city. A suggested provision for this is placed in a new section objections shall be investigated and considered by the city clerk prior to issuing, denying or renewing any license. (Ord. 1386 §8, 2006: Ord. 932 §1(part), 1988). 5.28.090 Disclaimer of city liability. Issuance of a license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify any person for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issuance of a license does not shift responsibility from the licensee to the city for proper training, conduct or equipment of the licensee or his agents, employees or representatives, even if specific regulations require standards of training, conduct or inspection. (Ord. 1386 §9, 2006: Ord. 932 §1(part), 1988). 5.28.100 Ineligible activities. A license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Arlington or of the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. (Ord. 1386 §10, 2006: Ord. 932 §1(part), 1988). 5.28.110 General qualifications of licensees. No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to: (1) An applicant who is not eighteen years of age at the time of the application, unless he/she shall obtain the written consent of said applicant's parent or guardian to make said application, together with a covenant on behalf of said parent or guardian that he or she will be responsible for a guarantee of performance of the minor making application; (2) An applicant who has had a similar license revoked or suspended, pursuant to Section 5.28.170 of this chapter, or its predecessor; (3) An applicant who shall not first comply with the general laws of the state; (4) An applicant who seeks such a license in order to practice some illegal act or some act injurious to the public health or safety; (5) Any person who is not qualified under any specific provision of this title for any particular license for which application is made. (Ord. 1386 §11, 2006: Ord. 932 §1(part), 1988). 5.28.120 Application procedure. Application for a city business license is made through the Business Licensing Service, and must include all information required for each license requested, the total fees due for all licenses, and the application handling fee required by RCW 19.02.075. (a) The city clerk may request additional information as may be needed to determine whether an application may be approved, including, but not limited to if the business premises are to be located on property owned by another person, written evidence of the property owner's consent. Deleted: submitted to the city clerk on an official application form developed by the clerk. Each application shall be complete and signed by the person who intends to conduct, operate or engage in the business for which the license is to be issued, and shall state the nature of the business, its proposed address and telephone number(s), the names and addresses of all owners of the business (or their registered agent), and such other information as may be required by (b) The city clerk shall forward copies of all applications to appropriate city department and divisions. All departments and divisions shall conduct current review of applications and report their approval or denial back to the city clerk within twenty working days of the date the application was received and the city clerk shall act on the license application within twenty-five working days of the same being submitted. (c) If the city clerk receives a recommendation of denial from any city official because of noncompliance with city regulations or policy, the applicant shall be notified and provided sufficient time (generally two weeks) to amend his/her application so as to comply with the appropriate regulations. (d) If an application is denied, the reason for denial shall be stated in writing. The applicant shall have a period of ten days after a license denial to appeal the decision to the city's hearing examiner. Upon receiving such an appeal, the hearing examiner shall review the application and any staff recommendations to consider whether or not the license should be issued. The applicant has the right to provide testimony to the hearing examiner prior to his decision. Such review and testimony may be in the form of a meeting, a conference call, or through the submission of written argument, the choice being the applicants. The applicant shall be given not less than seven days advance notice of the review. The decision of the hearing examiner shall be final, subject only to an appeal filed with Snohomish County Superior Court within fourteen days following the date of such decision. (e) Neither the filing of an application for a license or the renewal thereof, nor any payment of any application or renewal fee, shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (Ord. 1386 §12, 2006: Ord. 932 §1(part), 1988). 5.28.130 Term of license and renewals. (a) A business license issued pursuant to the provisions of this chapter will expire on the date established by the Business Licensing Service (BLS), and must be renewed on or before that date to continue engaging in business in the city. (b) Applications for renewal of business licenses is made through the BLS and must include all information required to renew each license involved, the total fees due for each license, and the renewal application handling fee required by RCW 19.02.075. (c) The license term and respective fee amount may be prorated as needed to synchronize the license expiration with the expiration of the business account maintained by the BLS. (d) Failure to complete the license renewal by the expiration date will incur the late renewal penalty fee required by RCW 19.02.085 in addition to all other fees due. (e) Failure to complete the license renewal within 120 days after the expiration of the license will result in the cancellation of the license and will require submitting an application for a new license to continue to engage in business within the city. The city may require payment of all past due amounts prior to approving the new license. (Ord. 1386 §13, 2006: Ord. 932 §1(part), 1988). 5.28.140 Compliance with all other codes when a business changes. Whenever a business changes in operation, use, number of employees, amount of services (e.g., sewer, water, etc.) it uses, etc., and the changes adversely affect the service or the site's ability to minimize off-site impacts, it is the owner's responsibility to comply with all codes regulating those particular issues. For example, if Deleted: application must be made and signed by one of the partners; if a corporation, by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the resident agent or local manager of the Deleted: on property owned by another person, the application shall include written evidence of the property owner's consent. ¶ Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: thereafter shall be for a period of one calendar year Deleted: clerk, together with the renewal fee, prior to June 30th of each year. The city clerk shall send a renewal notice to each licensee at the last address provided to the city. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license, or from payment of the license fee when and as due hereunder. A business license shall expire on June 30th of the year following Deleted: Deleted: employees are added, but there is only enough on-site parking for the original number, then more spaces need to be added. Similarly, if a manufacturing process changes such that additional sewage is generated, then additional connection charges may be required. The business owner must report such changes directly to the city as soon as possible. However, the obligation to upgrade a site or service commences with the actual change in the business. (Ord. 1386 §14, 2006: Ord. 932 §1(part), 1988). 5.28.150 Fees and penalties. (a) The annual city fee for each business license required by this chapter, and each renewal thereof, will be set by resolution of the city council. (b) The annual city license fee must accompany the application. (c) If pursuant to the provisions of this chapter, the applicant's request for a license is denied, either upon original application or renewal, twenty-five percent of the city fee tendered will be retained by the city as a processing fee and seventy-five percent of the city fee tendered will be refunded to the applicant by the city no later than ninety days following such denial. (d) In addition to other penalties specified in this chapter, the city may assess an additional late payment penalty, as set by resolution of the city council, for late payment of the city license fee. This additional penalty will be assessed by, and is payable directly to the city. (e) A fee for an appeal of a decision to issue a license, as set by resolution, must be paid by the applicant. Such fee will cover the cost of engaging a hearing examiner and any staff time or other costs incurred by the city in processing said appeal. (Ord. No. 2015-002, § 2, 1-20-2015; Ord. 1386 §15, 2006). 5.28.160 - Standards of conduct. Every licensee under this chapter shall: (1) Permit reasonable inspections of the business premises by governmental authorities for the purpose of enforcing the provisions of this or any other chapter of the Arlington Municipal Code; (2) Comply with all federal, state and city statutes, laws, regulations and ordinances relating to the business premises and the conduct of the business thereof; (3) Not engage in unfair or deceptive acts or practices or consumer fraud in the conduct of the business; (4) Avoid maintaining a public nuisance on the business premises; (5) Not operate the business after expiration of a license or during the period that the license may be suspended or revoked. (Ord. 1386 §16, 2006). 5.28.170 Grounds for suspension or revocation of license. The city clerk may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the licensee, or any manager, officer, director, agent or employee of the licensee, while acting within the scope of their employment, has caused, permitted or knowingly done any of the following: (1) Violated any provision of this chapter, whether or not any party has been convicted in any court of competent jurisdiction of such violation; Deleted: Deleted: Deleted: Deleted: prior to the June 30th expiration date may be prorated on a Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: Deleted: (2) Conducted, engaged in, or operated the business on premises or in a manner that does not conform to city, county, state or federal laws; (3) Engaged in unfair or deceptive acts or practices in the conduct of the business; (4) Operated the business in such a manner as to constitute a public nuisance, or has or will result in a danger to the public health, safety or welfare; (5) Made any material false statement or representation, or failed to disclose any material information to the city in connection with obtaining the business license or any renewal thereof; or (6) Used the license for a purpose different from that for which it was issued. (Ord. 1386 §17, 2006). 5.28.180 Hearing required for license suspension or revocation. Whenever the city clerk determines that there may be cause for suspending or revoking any license issued pursuant to this chapter, the clerk shall notify the person holding said license by registered or certified mail, return receipt requested, of the clerk's determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension or revocation. The notice shall also specify that the city's hearing examiner shall conduct a hearing at a time and date stated in the notice to determine whether or not the license shall be suspended or revoked. The notice shall be mailed to the licensee at least seven days prior to the date set for the hearing. The licensee may appear at the hearing and be heard in opposition to such suspension or revocation. The decision of the hearing examiner may be appealed to the city council within fourteen days of the decision. The city council will review the decision in a closed record hearing. The decision of the city council shall be final, subject only to an appeal filed with the Snohomish County Superior Court within fourteen days following the date of such decision. (Ord. 1386 §18, 2006). 5.28.190 Penalties for violation. (a) Violations of or failure to comply with any provision of this chapter, including operating a business without a valid license, shall constitute a civil infraction. Any person found to have violated any provision of this chapter is punishable by a monetary penalty, as set by resolution, for each such violation. Each day that a violation continues shall constitute a new and separate infraction. (b) Any person violating or failing to comply with any of the provisions of this business license ordinance and who has had a civil penalty entered against him or her pursuant to subsection (a) of this section within the past five years, shall be subject to criminal prosecution and upon conviction of a subsequent violation, shall be fined a sum not exceeding one thousand dollars or by imprisonment for a period not to exceed ninety days. Each day of noncompliance with any of the provisions of this chapter shall constitute a separate offense. (c) The imposition of a penalty for violation of this chapter shall be in addition to any other penalties provided for in any other ordinances of the city or any other ordinances or laws applicable to the violation, and any premises upon which a business is operated in violation of this chapter is declared to be a public nuisance. (d) The city clerk may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when civil or criminal penalties are inadequate to effect compliance. (e) Any license fee or penalty which is delinquent or unpaid shall constitute a debt to the city and may be collected by a court proceeding in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (f) The city shall not enter into any contract or conduct any trade or commerce with any business that fails to comply with this chapter. (Ord. 1386 §19, 2006). 5.28.200 Enforcement. (a) Notice of Civil Infraction. If after investigation, the code enforcement official has probable cause to believe that the applicable standards or requirements of this Code have been violated, the code enforcement official may issue a civil infraction in accordance with Chapter 7.80 RCW, which is incorporated herein by reference, upon the owner, tenant, occupier, manager, agent or other person responsible for the violation. (b) Monetary Penalties—Restitution. (1) The maximum penalty and default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments. (2) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments. (3) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments. (4) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty- five dollars, not including statutory assessments. (Ord. No. 2015-002, § 3, 1-20-2015) Editor's note— Ord. No. 2015-002, § 3, adopted January 20, 2015, set out provisions for use herein as § 5.28.190. Inasmuch as a § 5.28.190 already exists, and to prevent duplication of section numbering, those provisions have been included as § 5.28.200. Chapter 5.36 SEXUALLY ORIENTED ADULT ENTERTAINMENT 5.36.040 - License for business required—Fee. (a) No public place of amusement, including but not limited to places which offer sexually-oriented adult entertainment, shall be operated or maintained in the city unless the owner or lessee thereof has obtained a license from the city clerk. For places offering sexually-oriented adult entertainment, the required license shall be the adult entertainment premises license as set forth in Section 5.36.070(a). It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operation of an unlicensed public place of amusement/entertainment. (b) The annual fee for such a license shall be five hundred dollars. (c) This license expires annually on December 31 and must be renewed by January 1. (d) There will be no prorating of the fee. (e) The applicant must be eighteen years of age or older. (f) The License required by this section is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (Ord. 1047 §2(part), 1992). 5.36.050 - License for managers and entertainers required—Fee. (a) No person shall work as a manager or entertainer at a public place of amusement offering sexually-oriented adult entertainment without having first obtained a manager's or entertainer's license from the city clerk pursuant to Section 5.36.070. (b) The annual fee for such a license shall be one hundred dollars. (c) This license expires annually on December 31 and must be renewed by January 1. (d) There will be no prorating of the fee. (e) The applicant must be eighteen years of age or older. (f) The licenses required by this section are separate from the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (Ord. No. 1479, § 3, 12-7-2009; Ord. 1047 §2(part), 1992). Chapter 5.40 TOWING BUSINESS AND TOW TRUCKS 5.40.020 - License-Required—Application. It is unlawful for any person, firm or corporation engaged in the business of motor vehicle wrecker or towing operator as defined in Section 5.40.010 to tow or otherwise remove motor vehicles from the scene of an accident, disability or impounding, without first obtaining a license pursuant to the provisions of this chapter, by making written application to the city clerk or his/her designee for such license. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (Ord. No. 2015-003, § 1, 1-20-2015; Ord. 1126 §1(part), 1996). Chapter 5.44 PARADES, ATHLETIC EVENTS AND OTHER SPECIAL EVENTS 5.44.020 - Permit required. A special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways. Such special event permit shall be in addition to any street or park use, or other regular permits as may be required by ordinance. The permit required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. A special event permit is not required for the following: (1) Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Arlington; (2) Funeral and wedding processions; (3) Groups required by law to be so assembled; (4) Gatherings of thirty or fewer people in a city park, unless merchandise or services arc offered for sale or trade; (5) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales; (6) Garage sales and rummage sales; (7) The exhibition of films or motion pictures; (8) Other similar events and activities which do not directly affect or use city services of property. Any person desiring to sponsor a parade, athletic event or special event shall be encouraged to apply for a special event permit by filing an application with the city at least sixty days prior to the date on which the event is to occur. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. (Ord. 1422 § 1(part), 2007). Chapter 5.48 AMBULANCE AND EMERGENCY FIRST AID SERVICES 5.48.030 - License required—Application. (a) It shall be unlawful for any person, firm or corporation to operate or cause to be operated (as described in section 5.48.020(a) within the city limits an ambulance or ambulance service without first being issued a license therefore by the city. It shall also be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.28 AMC, which may also be required when applicable. (b) It shall be unlawful for any person, firm or corporation (other than the city fire department or other fire districts working on a mutual aid basis or from an E-911 response) to operate or cause to be operated (as described in section 5.48.020(a) emergency ambulance service within the city limits, except as provided in section 5.48.100. (c) Such license may be obtained by applying therefore at the office of the city finance director on forms provided. (d) To the extent not inconsistent with other provisions of this chapter, the provisions of chapter 5.28 dealing with general issuance of city licenses, shall be applicable to this chapter and are hereby incorporated herein by this reference. (Ord. No. 2013-003, § 2, 2-4-2013) City of Arlington Council Agenda Bill Item: NB #4 Attachment J licenses and fees related to business licensing. The City shall retain its regulatory authority over its business, licensing and other regulatory activities, except as expressly delegated by the contract. ORDINANCE NO. 2021-XX 1 ORDINANCE NO. 2021-XXX AN ORDINANCE DIRECTING PARTNERSHIP BETWEEN THE CITY OF ARLINGTON AND BUSINESS LICENSING SERVICE FOR ADMINISTRATION OF THE CITY’S BUSINESS LICENSING WHEREAS, Washington State law, chapter 19.02 RCW, provides for a centralized, “one- stop” process for business licensing known as the Business Licensing Service, administered by the Washington State Department of Revenue; and WHEREAS, the Business Licensing Service provides a proven, value-added, and administrative cost saving service to local municipalities of Washington State in the administration of their business licensing activities, free of cost to the municipalities; and WHEREAS, municipalities benefitting from partnership with the Business Licensing Service commonly also experience enhanced regulatory coverage within their jurisdiction without needing to expend additional local resources, and so are able to provide superior customer service to both their business community and constituent citizenry; and WHEREAS, even when administered through the Business Licensing Service, municipalities retain full, lawful authority and control over their respective business licensing regulation; and WHEREAS, the Washington State Legislature, through enacted legislation, 2017 EHB 2005, codified as chapter 35.90 RCW, has set terms for municipalities to connect to the Business Licensing Service in the administration of their business licensing activities; and WHEREAS, the Arlington City Council has considered this matter during a regularly and duly called public meeting of said Council, has given careful review and consideration to the matter, and having passed this ordinance; NOW THEREFORE, the City Council of the City of Arlington do ordain as follows: Section 1. The Arlington Community and Economic Development Director or his or her designee is directed and authorized to undertake all necessary and appropriate steps to accomplish a business licensing partnership between the City and the Business Licensing Service in accordance with state law and coordination provided by the Business Licensing Service. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate and distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ORDINANCE NO. 2021-XX 2 Section 3. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Arlington, Washington, this 16th day of February 2021. ___________________________________ Barbara Tolbert, Mayor Attest: ____________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ____________________________________ Steven J. Peiffle, City Attorney Rev 10/12/19 BUSINESS LICENSING SERVICES AGREEMENT Contractor Contract Number: THIS CONTRACT is made between the Washington State Department of Revenue (“DOR”) and City of Arlington (“Contractor”) the party whose name appears below, and is effective as of the date set forth below. City of Arlington City of Arlington 238 N. Olympic Avenue Arlington WA 98223 CONTRACTOR CONTACT/TITLE James Trefry/Adminstrative Services Dir. CONTRACTOR TELEPHONE (360) 403-3443 CONTRACTOR EMAIL ADDRESS jtrefry@arlingtonwa.gov DOR PROGRAM DOR DIVISION/SECTION Business Licensing Services Taxpayer Services/Partnership Services Katie Early, BLS Partnership Services Manager Department of Revenue Attn: Business Licensing Service PO Box 47478 Olympia, WA 98504-7478 (360) 705-6777 DORBLSPARTNER@DOR.WA.GOV Date of Last Signature When Terminated in Writing By Both Parties PURPOSE OF CONTRACT: This Contract includes all terms and conditions for DOR and Contractor to govern Contractor’s partnering with DOR to have business licenses issued, and renewed, if the city requires renewal, through the business licensing service in accordance with Chapter 19.02 RCW. execute this Contract. This Contract will be binding on DOR only upon signature by DOR. Sandi Fairchild, Chief Financial Officer Washington State 2 Department of Revenue DOR Contract #K1914 TABLE OF CONTENTS PURPOSE .......................................................................................................................................... 4 1.DEFINITIONS ............................................................................................................................... 4 2.SPECIAL TERMS AND CONDITIONS ......................................................................................... 6 2.1 PERFORMANCE EXPECTATIONS ..................................................................................... 6 2.2 TERM ................................................................................................................................... 7 2.3 COMPENSATION ................................................................................................................ 8 2.4 CONTRACTOR and DOR CONTRACT MANAGERS ........................................................... 8 2.5 LEGAL NOTICES ................................................................................................................. 9 2.6 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE .......................... 10 2.7 INSURANCE ...................................................................................................................... 10 3.GENERAL TERMS AND CONDITIONS ..................................................................................... 10 3.1 ACCESS TO DATA ............................................................................................................ 10 3.2 ADVANCE PAYMENT PROHIBITED ................................................................................. 11 3.3 AMENDMENTS .................................................................................................................. 11 3.4 ASSIGNMENT .................................................................................................................... 11 3.5 ATTORNEYS’ FEES .......................................................................................................... 11 3.6 CONFIDENTIAL INFORMATION PROTECTION ............................................................... 11 3.7 CONFIDENTIAL INFORMATION BREACH – REQUIRED NOTIFICATION ....................... 12 3.8 CONTRACTOR’S PROPRIETARY INFORMATION ........................................................... 12 3.9 DISPUTES ......................................................................................................................... 13 3.10 ENTIRE AGREEMENT ....................................................................................................... 13 3.11 FORCE MAJEURE ............................................................................................................. 14 3.12 FUNDING WITHDRAWN, REDUCED OR LIMITED ........................................................... 14 3.13 GOVERNING LAW ............................................................................................................. 15 3.14 DOR NETWORK SECURITY ............................................................................................. 15 3.15 INDEMNIFICATION ............................................................................................................ 15 3.16 NO THIRD-PARTY BENEFICIARIES ................................................................................. 15 3.17 NONDISCRIMINATION ...................................................................................................... 15 3.18 OVERPAYMENTS TO CONTRACTOR .............................................................................. 16 3.19 PAY EQUITY ...................................................................................................................... 16 3.20 RECORDS AND DOCUMENTS REVIEW .......................................................................... 16 3.21 REMEDIES NON-EXCLUSIVE ........................................................................................... 17 3.22 RIGHT OF INSPECTION .................................................................................................... 17 Washington State 3 Department of Revenue DOR Contract #K1914 3.23 RIGHTS IN DATA/OWNERSHIP ........................................................................................ 17 3.24 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ..................................................... 17 3.25 SEVERABILITY .................................................................................................................. 18 3.26 SUBCONTRACTING .......................................................................................................... 18 3.27 SURVIVAL .......................................................................................................................... 18 3.28 TERMINATION ................................................................................................................... 19 3.29 WAIVER ............................................................................................................................. 20 3.30 WARRANTIES.................................................................................................................... 20 Attachments Attachment 1: RCW 35.90.020 Attachment 2: Confidential Information Security Requirements Washington State 4 Department of Revenue DOR Contract #K1914 Contract #K1914 Business Licensing Services Purpose The purpose of this Contract is to establish the terms under which the Washington State Department of Revenue’ (hereinafter referred to as “DOR”) Business Licensing Service (hereinafter referred to as “BLS”) program will act as the City of Arlington’s (hereinafter referred to as “Contractor”) Agent for the purpose of collecting, processing, and disbursing information, licenses, and fees related to Contractor’s ability to collect licensing fees, collection and distribution of information based on Contractor’s regulatory authority as a City or Town within the state of Washington. Contractor shall retain its regulatory authority over its business, licensing and other regulatory activities, except as expressly delegated to DOR in accordance with this Contract and RCW 35.09.020. A copy of Chapter 35.090.020 RCW is attached hereto as Attachment 1. NOW THEREFORE, DOR and Contractor enter into this Contract, the terms and conditions of which will govern Contractor’s partnering with DOR to have business licenses issued, and renewed, if the city requires renewal, through the Business Licensing Service in accordance with Chapter 19.02 RCW. IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1.DEFINITIONS “Agent” means an entity used for the purpose of collecting, processing, and disbursing information, licenses, and fees. “Authorized Representative” means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. The “State Business Licensing Service” or “BLS program” means the program, administered by DOR. Chapter 35.90.20 RCW requires any Washington state municipality not under contract with the FileLocal service for local business licensing by June 30, 2020, will contract with the BLS program by December 31, 2022 if it continues to issue general business licenses. . DOR will facilitate for contractors the issuance and renewal of municipal government general business licenses, collection and distribution of licensing fees, and collection and distribution of business information. Washington State 5 Department of Revenue DOR Contract #K1914 “Breach” means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. “Confidential Information” means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person, finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, DOR’s source code or object code, or DOR or State security information. “Contract” means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. “Contractor” means the City of Arlington, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. “Data” means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. “Effective Date” means the first date this Contract is in full force and effect. It may be a specific date agreed to by the parties; or, if not so specified, the date of the last signature of a party to this Contract. “DOR Contract Manager” means the individual identified on the cover page of this Contract who will provide oversight of the Contractor’s activities conducted under this Contract. “Department of Revenue” or “DOR” or “Revenue” means the Washington State Department of Revenue, any division, section, office, unit or other entity of DOR, or any of the officers or other officials lawfully representing DOR. "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. “RCW” means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://apps.leg.wa.gov/rcw/. “Subcontractor” means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor. The term “Subcontractor” means subcontractor(s) of any tier. Washington State 6 Department of Revenue DOR Contract #K1914 “WAC” means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/. 2.SPECIAL TERMS AND CONDITIONS 2.1 PERFORMANCE EXPECTATIONS 2.1.1 Contractor will, within the time period requested by DOR, provide DOR with all Business Requirements and licensing information required to implement Contractor’s participation in the BLS program. 2.1.2 DOR will request Contractor’s Business Requirements directly by communicating with the Contractor’s Contract Manager. 2.1.3 DOR will request Contractor’s licensing information through the use of the License file format found on the DOR website at https://dor.wa.gov/doing- business/business-licensing-service-and-local-licensing page. This request will be sent directly to Contractor’s Contract Manager, or their designee. 2.1.4 All non-public, confidential business and/or confidential taxpayer information and data transferred between the parties is required to be encrypted by password protection or a secure file transfer process requiring a user ID and hardened passwords shall not be shared in the same message as any file containing non- public or confidential data. 2.1.5 Contractor agrees, completion and remittance to DOR of all of the following documents are requirements for Contractor’s participation in the BLS program: o DOR’s Business License Application and/or City Addendum; o The “Business License” document for proof of licensure under Contractor’s licensing or regulatory program; and o The Unified Business Identifier (UBI) number to identify licensees and license accounts in all communications with Revenue. 2.1.6 Contractor will obtain and maintain, at no cost to DOR, all necessary equipment and online services required to support Contractor’s access into and use of the BLS Database. 2.1.7 End-to-end testing will take place until such time as DOR is satisfied with the receipt and delivery of information. End to end testing includes testing all newly configured Contractor business requirements into DOR’s ATLAS system. 2.1.8 Contractor is required to have their licensing and information technology staff available during the first six (6) months of testing to respond to DOR. Contractor’s staff assigned to assist DOR must be knowledgeable of Contractor’s operations Washington State 7 Department of Revenue DOR Contract #K1914 and/or technology and be able to assist DOR staff with process improvements and/or troubleshooting. All Contractor’s technology staff will be required to be subject matter experts in Contractor’s technology. Additionally, Contractor’s staff shall have the ability to make decisions on technical determinations as well as be available via email, telephone, and will take part in business meetings, when required, with DOR. 2.1.9 Contractor agrees to have staff available for training sessions, set to occur approximately six months prior to Contractor’s assigned go-live date. 2.1.10 In accordance with RCW 35.90.070, Contractor agrees any general business license change enacted by Contractor, whose general business license is issued BLS, takes effect no sooner than seventy-five (75) days after DOR receives notice of the change, if the change affects in any way, who must obtain a license, who is exempt from obtaining a license, or the amount or method of determining any fee for the issuance or renewal of a license 2.1.11 Contractor will provide DOR with all statistical data associated with this Contract. The statistical data will include, but not be limited to, the following data elements: o Full-Time Equivalent (FTE) savings o Change in number of Contractor issued licensees o Any changes in Contractor’s revenue flow 2.1.12 Expected performance under this Contract includes, but is not limited to, the following: i.Knowledge of applicable state and federal laws and regulations pertaining to subject of the Contract; ii.Collaboration with DOR staff in Contractor’s conduct of the services; iii.Conformance with DOR directions regarding the delivery of the services; iv.Protection of all Confidential Information and Data; and v.Timely, accurate and informed communications between the parties. 2.2 TERM 2.2.1 The initial term of the Contract will commence on the date of last signature, and continue unless terminated as provided herein. Washington State 8 Department of Revenue DOR Contract #K1914 2.3 COMPENSATION DOR’s services, as identified in this Contract, are provided at no charge to Contractor, with the following exceptions: 2.3.1 Contractor shall reimburse DOR the actual costs of developing and producing any and all ad hoc informational reports. Ad hoc reports will be created only if requested by the Contractor and agreed-upon by DOR. 2.3.2 Contractor is required to reimburse DOR for all expenses relating to the implementation of any changes, outside of the standard BLS program, if requested by the Contractor and agreed-upon by Revenue. Any said changes to the BLS program shall be in writing, amended by mutual written agreement of the Parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each party as outlined in section 4.3 of this Contract. 2.3.3 DOR will not charge any fees associated with a standard, initial BLS project coordination and implementation. Any and all costs incurred by DOR or Contractor, including any and all travel related expenses, shall be absorbed by the respective party. 2.3.4 If DOR and/or Contractor agree to pay any travel-related expenses through an Amendment of this Contract, any and all day-to-day expenses related to performance under the Contract, including but not limited to travel, lodging, meals, and incidentals must be authorized in writing, in advance, by the DOR and reimbursement will be at rates not to exceed the then-current rules, regulations, and guidelines for Washington state employees published by the state Office of Financial Management in the state Administrative and Accounting Manual (http://www.ofm.wa.gov/policy/10.htm); reimbursement will not exceed expenses actually incurred. To receive reimbursement, Contractor will be required to provide a detailed breakdown of authorized expenses and receipts for any and all expenses. 2.4 CONTRACTOR AND DOR CONTRACT MANAGERS 2.4.1 Contractor’s Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for DOR’s Contract Manager for all business matters, performance matters, and administrative activities. 2.4.2 DOR’s Contract Manager is responsible for monitoring the Contractor’s performance and will be the contact person for all communications regarding contract performance and deliverables. The DOR Contract Manager has the authority to accept or reject the services provided and must approve the Contractor’s invoices prior to payment. Washington State 9 Department of Revenue DOR Contract #K1914 2.4.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. Contractor Contract Manager Information Contract Manager Information Name: James Trefry Name: Katie Early Title: Administrative Services Dir. Title: Manager (360) 403-3443 Phone: (360) 705-6607 Email: jtrefry@arlingtonwa.gov Email: KatieE@DOR.WA.GOV 2.5 LEGAL NOTICES Any notice, demand or other communication required or permitted to be given under this Contract or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person, via email, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses provided in this section. 2.5.1 In the case of notice to the Contractor: City of Arlington Attn: James Trefry, Administrative Services Director 238 N. Olympic Avenue Arlington, WA 98223 2.5.2 In the case of notice to DOR: Attention: Procurement & Contracts Manager Department of Revenue Business & Financial Services Post Office Box 47462 Olympia, WA 98504-7462 2.5.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever is earlier. 2.5.4 The notice address and information provided above may be changed by written notice of the change given as provided above. Washington State 10 Department of Revenue DOR Contract #K1914 2.6 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: 2.6.1 Applicable Federal and State of Washington statutes and regulations, including RCW 30.90.020 attached hereto as Attachment 1; 2.6.2 Data Share Agreement K1914; 2.6.3 Recitals; 2.6.4 Special Terms and Conditions; 2.6.5 General Terms and Conditions; 2.6.6 Attachment 2: Confidential Information Security Requirements; and 2.6.7 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 2.7 INSURANCE Contractor certifies that it is self-insured, is a member of a risk pool, or maintains the types and amounts of insurance identified above and will provide certificates of insurance to that effect to DOR upon request. Upon request, Contractor must submit to DOR a certificate of insurance that outlines the coverage and limits defined in the Insurance section. If a certificate of insurance is requested, Contractor must submit renewal certificates as appropriate during the term of the contract. The policy must be maintained for the term of this Contract and three (3) years following its termination. 3.GENERAL TERMS AND CONDITIONS 3.1 ACCESS TO DATA In compliance with RCW 39.26.180(2) and federal rules, the Contractor must provide access to any data generated under this Contract to DOR, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for those models. Washington State 11 Department of Revenue DOR Contract #K1914 3.2 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. 3.3 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3.4 ASSIGNMENT 3.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 3.29, Subcontracting, without the prior written consent of DOR. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to DOR that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 3.4.1 of the Contract will be null and void. 3.4.2 DOR may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30)calendar days to Contractor. 3.5 ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys’ fees and costs. 3.6 CONFIDENTIAL INFORMATION PROTECTION 3.6.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without DOR’s express written consent or as provided by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information (See Attachment 2: Confidential Information Security Requirements). Washington State 12 Department of Revenue DOR Contract #K1914 3.6.2 DOR reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 3.6.3 The obligations set forth in this Section will survive completion, cancellation, expiration, or termination of this Contract. 3.7 CONFIDENTIAL INFORMATION BREACH – REQUIRED NOTIFICATION 3.7.1 Contractor must notify the DOR Procurement and Contracts Manager at LoriG@dor.wa.gov or a proxy designated by BLS Partnership Services Manager within five (5) Business Days of discovery of any Breach or suspected Breach of Confidential Information. 3.7.2 Contractor will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. Contractor agrees to indemnify and hold DOR harmless for any damages related to unauthorized use or disclosure of Confidential Information by Contractor, its officers, directors, employees, Subcontractors or agents. 3.7.3 Any breach of this clause may result in termination of the Contract and the demand for return or disposition (Attachment 2, Section 6) of all Confidential Information. 3.7.4 Contractor’s obligations regarding Breach notification survive the termination of this Contract and continue for as long as Contractor maintains the Confidential Information and for any breach or possible breach at any time. 3.8 CONTRACTOR’S PROPRIETARY INFORMATION Contractor acknowledges that DOR is subject to Chapter 42.56 RCW, the Public Records Act, and that this Contract will be a public record as defined in Chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with Chapter 42.56 RCW, DOR will maintain the confidentiality of Contractor’s information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor’s Proprietary Information, DOR will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, DOR will release the requested information on the date specified. Washington State 13 Department of Revenue DOR Contract #K1914 3.9 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between DOR and the Contractor regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties’ Contract Managers, either party may initiate the following dispute resolution process. 3.9.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is not satisfied with the response of the responding party, the initiating party may request that the DOR Director review the dispute. Any such request from the initiating party must be submitted in writing to the DOR Director within five (5) Business Days after receiving the response of the responding party. The DOR Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The DOR Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 3.9.2 A party's request for a dispute resolution must: 3.9.2.1 Be in writing; 3.9.2.2 Include a written description of the dispute; 3.9.2.3 State the relative positions of the parties and the remedy sought; 3.9.2.4 State the Contract Number and the names and contact information for the parties; 3.9.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. 3.10 ENTIRE AGREEMENT DOR and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 3.30 Warranties. Washington State 14 Department of Revenue DOR Contract #K1914 3.11 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 3.12 FUNDING WITHDRAWN, REDUCED OR LIMITED If DOR determines, in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then DOR, at its sole discretion, may: 3.12.1 Terminate this Contract pursuant to Section 3.28.3, Termination for Non-Allocation of Funds; 3.12.2 Renegotiate the Contract under the revised funding conditions; or 3.12.3 Suspend Contractor’s performance under the Contract upon five (5) Business Days’ advance written notice to Contractor. DOR will use this option only when DOR determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor’s performance to be resumed prior to the normal completion date of this Contract. 3.12.3.1 During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. 3.12.3.2 When DOR determines in its sole discretion that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DOR informing DOR whether it can resume performance and, if so, the date of resumption. For purposes of this subsection, “written notice” may include email. 3.12.3.3 If the Contractor’s proposed resumption date is not acceptable to DOR and an acceptable date cannot be negotiated, DOR may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DOR will be liable only for payment in accordance with the Washington State 15 Department of Revenue DOR Contract #K1914 terms of this Contract for services rendered prior to the retroactive date of termination. 3.13 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. Nothing in this Contract will be construed as a waiver by DOR of the State’s immunity under the 11th Amendment to the United States Constitution. 3.14 DOR NETWORK SECURITY Contractor agrees not to attach any Contractor supplied computers, peripherals or software to the DOR Network without prior written authorization from DOR’s Chief Information Officer. Unauthorized access to DOR networks and systems is a violation of DOR Policy and constitutes computer trespass in the first degree pursuant to Chapter 9A.90.040 RCW . Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the DOR visitor or Guest Wi-Fi Internet connection while on site if available at the DOR office(s). 3.15 INDEMNIFICATION Contractor must defend, indemnify, and save DOR harmless from and against all claims, including reasonable attorneys’ fees resulting from such claims, for any or all injuries to persons or damage to property, or Breach of its confidentiality and notification obligations under Section 3.6 Confidential Information Protection arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. 3.16 NO THIRD-PARTY BENEFICIARIES DOR and Contractor are the only parties to this contract. Nothing in this Contract gives or is intended to give any benefit of this Contract to any third parties. 3.17 NONDISCRIMINATION During the performance of this Contract, the Contractor must comply with all federal and state nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be Washington State 16 Department of Revenue DOR Contract #K1914 rescinded, cancelled, or terminated in whole or in part under the Termination for Default sections, and Contractor may be declared ineligible for further contracts with DOR. 3.18 OVERPAYMENTS TO CONTRACTOR In the event that overpayments or erroneous payments have been made to the Contractor under this Contract, DOR will provide written notice to Contractor and Contractor will refund the full amount to DOR within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, DOR may charge Contractor one percent (1%) per month on the amount due, until paid in full. If the Contractor disagrees with DOR’s actions under this section, then it may invoke the dispute resolution provisions of Section 3.9 Disputes. 3.19 PAY EQUITY 3.19.1 Contractor represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 213), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 3.19.2 Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job- related factor(s); or (v) a bona fide regional difference in compensation levels. 3.19.3 “Bona fide job-related factor(s)” may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. 3.19.4 A “bona fide regional difference in compensation level” must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. 3.19.5 Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) Days of DOR’s request for such evidence, DOR may suspend or terminate this Contract. 3.20 RECORDS AND DOCUMENTS REVIEW 3.20.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of Washington State 17 Department of Revenue DOR Contract #K1914 the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by DOR, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR 447.202]. 3.20.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. 3.20.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 3.21 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 3.22 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to DOR, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 3.23 RIGHTS IN DATA/OWNERSHIP 3.23.1 DOR and Contractor agree that all data and work products (collectively “Work Product”) produced and transferred to Contractor pursuant to this Contract will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned exclusively by DOR. 3.23.2 Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of DOR. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy, share, sell, disclose, transmit, disseminate or use any part or portion of DOR’s Work Product, or any portion thereof, in any form, to any third party. 3.24 RIGHTS OF STATE AND FEDERAL GOVERNMENTS In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, will have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, translate, or Washington State 18 Department of Revenue DOR Contract #K1914 otherwise use, and to authorize others to use for Federal Government purposes: (i) software, modifications, and documentation designed, developed or installed with Federal Financial Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software and modifications of the Custom Software, and associated Documentation designed, developed, or installed with FFP under this Contract; (iii) the copyright in any work developed under this Contract; and (iv) any rights of copyright to which Contractor purchases ownership under this Contract. 3.25 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 3.26 SUBCONTRACTING 3.26.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of the work contemplated under this Contract without prior written approval of DOR. DOR has sole discretion to determine whether or not to approve any such subcontract. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to DOR for any breach in the performance of Contractor’s duties. 3.26.2 Contractor is responsible for ensuring all terms, conditions, assurances and certifications set forth in this Contract are included in any subcontracts. 3.26.3 The rejection or approval by the DOR of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to DOR. 3.26.4 DOR has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. 3.27 SURVIVAL The terms and conditions contained in this Contract that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Contract will survive. In addition, the terms of the sections titled Confidential Information Protection, Confidential Information Breach – Required Notification, Contractor’s Proprietary Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents Review, Rights in Data/Ownership, and Rights of State and Federal Governments will survive the termination of this Contract. The right of DOR to recover any overpayments will also survive the termination of this Contract. Washington State 19 Department of Revenue DOR Contract #K1914 3.28 TERMINATION 3.28.1 TERMINATION FOR DEFAULT In the event DOR determines that Contractor has failed to comply with the terms and conditions of this Contract, DOR has the right to suspend or terminate this Contract. DOR will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. DOR reserves the right to suspend all or part of the Contract, or prohibit Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by DOR to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a “Termination for Convenience.” 3.28.2 TERMINATION FOR CONVENIENCE When, at DOR’s sole discretion, it is in the best interest of the State, DOR may terminate this Contract in whole or in part by providing ten (10) calendar days’ written notice. If this Contract is so terminated, DOR will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty will accrue to DOR in the event the termination option in this section is exercised. 3.28.3 TERMINATION FOR NONALLOCATION OF FUNDS If funds are not allocated to continue this Contract in any future period, DOR may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. DOR will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. DOR agrees to notify Contractor of such nonallocation at the earliest possible time. No penalty will accrue to DOR in the event the termination option in this section is exercised. Washington State 20 Department of Revenue DOR Contract #K1914 3.28.4 TERMINATION FOR WITHDRAWAL OF AUTHORITY In the event that the authority of DOR to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, DOR may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. DOR will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. DOR agrees to notify Contractor of such withdrawal of authority at the earliest possible time. No penalty will accrue to DOR in the event the termination option in this section is exercised. 3.28.5 TERMINATION FOR CONFLICT OF INTEREST DOR may terminate this Contract by written notice to the Contractor if DOR determines, after due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts. In the event this Contract is so terminated, DOR will be entitled to pursue the same remedies against the Contractor as it could pursue in the event Contractor breaches the contract. 3.29 WAIVER Waiver of any breach of any term or condition of this Contract will not be deemed a waiver of any prior or subsequent breach or default. No term or condition of this Contract will be held to be waived, modified, or deleted except by a written instrument signed by the parties. Only the DOR Authorized Representative has the authority to waive any term or condition of this Contract on behalf of DOR. 3.30 WARRANTIES 3.30.1 Contractor represents and warrants that it will perform all services pursuant to this Contract in a professional manner and with high quality and will immediately re- perform any services that are not in compliance with this representation and warranty at no cost to DOR. 3.30.2 Contractor represents and warrants that it will comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. 3.30.3 Any written commitment by Contractor within the scope of this Contract will be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and will render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: Washington State 21 Department of Revenue DOR Contract #K1914 (i)Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor to DOR or contained in any Contractor publications, or descriptions of services in written or other communication medium, used to influence DOR to enter into this Contract. [Remainder of Page Intentionally Left Blank] Washington State 22 Department of Revenue DOR Contract #K1914 Attachment 1 RCW 35.90.020 RCW 35.90.020 Licensing as partnership with department—Partnership priority—Biennial plan—Exception— Report. (1)Except as otherwise provided in subsection (7) of this section, a city that requires a general business license of any person that engages in business activities within that city must partner with the department to have such license issued, and renewed if the city requires renewal, through the business licensing service in accordance with chapter 19.02 RCW. (a)Except as otherwise provided in subsection (3) of this section, the department must phase in the issuance and renewal of general business licenses of cities that required a general business license as of July 1, 2017, and are not already partnering with the department, as follows: (i)Between January 1, 2018, and December 31, 2021, the department must partner with at least six cities per year; (ii)Between January 1, 2022, and December 31, 2027, the department must partner with the remaining cities; or (iii)Between July 1, 2017 and December 31, 2022, the department must partner with all cities requiring a general business license if specific funding for the purposes of this subsection [(1)(a)](iii) is appropriated in the omnibus appropriations act. (b)A city that imposes a general business license requirement and does not partner with the department as of January 1, 2018, may continue to issue and renew its general business licenses until the city partners with the department as provided in subsection (4) of this section. (2)(a) A city that did not require a general business license as of July 1, 2017, but imposes a new general business license requirement after that date must advise the department in writing of its intent to do so at least ninety days before the requirement takes effect. (b) If a city subject to (a) of this subsection (2) imposes a new general business license requirement after July 1, 2017, the department, in its sole discretion, may adjust resources to partner with the imposing city as of the date that the new general business licensing requirement takes effect. If the department cannot reallocate resources, the city may issue and renew its general business license until the department is able to partner with the city. Washington State 23 Department of Revenue DOR Contract #K1914 (3) The department may delay assuming the duties of issuing and renewing general business licenses beyond the dates provided in subsection (1)(a) of this section if: (a)Insufficient funds are appropriated for this specific purpose; (b) The department cannot ensure the business licensing system is adequately prepared to handle all general business licenses due to unforeseen circumstances; (c) The department determines that a delay is necessary to ensure that the transition to mandatory department issuance and renewal of general business licenses is as seamless as possible; or (d)The department receives a written notice from a city within sixty days of the date that the city appears on the department's biennial partnership plan, which includes an explanation of the fiscal or technical challenges causing the city to delay joining the system. A delay under this subsection (3)(d) may be for no more than three years. (4)(a) In consultation with affected cities and in accordance with the priorities established in subsection (5) of this section, the department must establish a biennial plan for partnering with cities to assume the issuance and renewal of general business licenses as required by this section. The plan must identify the cities that the department will partner with and the dates targeted for the department to assume the duties of issuing and renewing general business licenses. (b)By January 1, 2018, and January 1st of each even-numbered year thereafter, the department must submit the partnering plan required in (a) of this subsection (4) to the governor; legislative fiscal committees; house local government committee; senate agriculture, water, trade and economic development committee; senate local government committee; affected cities; association of Washington cities; association of Washington business; national federation of independent business; and Washington retail association. (c) The department may, in its sole discretion, alter the plan required in (a) of this subsection (4)with a minimum notice of thirty days to affected cities. (5) When determining the plan to partner with cities for the issuance and renewal of general business licenses as required in subsection (4) of this section, cities that notified the department of their wish to partner with the department before January 1, 2017, must be allowed to partner before other cities. (6)A city that partners with the department for the issuance and renewal of general business licenses through the business licensing service in accordance with chapter 19.02 RCW may not issue and renew those licenses. (7)A city may decline to partner with the department for the issuance and renewal of a general business license as provided in subsection (1) of this section if the city participates in the online local business license and tax filing portal known as "FileLocal" as of July 1, 2020. For the purposes of this subsection (7), a city is considered to be a FileLocal participant as of the date that a business may Washington State 24 Department of Revenue DOR Contract #K1914 access FileLocal for purposes of applying for or renewing that city's general business license and reporting and paying that city's local business and occupation taxes. A city that ceases participation in FileLocal after July 1, 2020, must partner with the department for the issuance and renewal of its general business license as provided in subsection (1) of this section. (8)By January 1, 2019, and each January 1st thereafter through January 1, 2028, the department must submit a progress report to the legislature. The report required by this subsection must provide information about the progress of the department's efforts to partner with all cities that impose a general business license requirement and include: (a)A list of cities that have partnered with the department as required in subsection (1) of this section; (b)A list of cities that have not partnered with the department; (c)A list of cities that are scheduled to partner with the department during the upcoming calendar year; (d)A list of cities that have declined to partner with the department as provided in subsection (7)of this section; (e)An explanation of lessons learned and any process efficiencies incorporated by the department; (f)Any recommendations to further simplify the issuance and renewal of general business licenses by the department; and (g) Any other information the department considers relevant. Washington State 25 Department of Revenue DOR Contract #K1914 Attachment 2 Confidential Information Security Requirements 1. Definitions In addition to the definitions set out in Section 1 of this Contract K1914 for Business Licensing Services, the definitions below apply to this Attachment. a.“Hardened Password” means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. i.Passwords for external authentication must be a minimum of 10 characters long. ii.Passwords for internal authentication must be a minimum of 8 characters long. iii.Passwords used for system service or service accounts must be a minimum of 20 characters long. b.“Portable/Removable Media” means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). c.“Portable/Removable Devices” means any small computing device that can be transported, including but not limited to: handhelds/PDAs/Smartphones; Ultramobile PC’s, flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. d.“Secured Area” means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. e.“Transmitting” means the transferring of data electronically, such as via email, SFT, web services, AWS Snowball, etc. f.“Trusted System(s)” means the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service (“USPS”) first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. Washington State 26 Department of Revenue DOR Contract #K1914 g.“Unique User ID” means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2.Confidential Information Transmitting a.When transmitting DOR’s Confidential Information electronically, including via email, the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist.gov/publications/PubsSPs.html). This includes transmission over the public internet. b.When transmitting DOR’s Confidential Information via paper documents, the Receiving Party must use a Trusted System. 3. Protection of Confidential Information The Contractor agrees to store Confidential Information as described: a.Data at Rest: i.Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data. Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. ii.Data stored on Portable/Removable Media or Devices: •Confidential Information provided by DOR on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. •DOR’s data must not be stored by the Contractor on Portable Devices or Media unless specifically authorized within a Data Share Agreement. If so authorized, the Receiving Party must protect the Data by: 1. Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; 2.Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; 3.Keeping devices in locked storage when not in use; 4.Using check-in/check-out procedures when devices are shared; Washington State 27 Department of Revenue DOR Contract #K1914 5.Maintain an inventory of devices; and 6.Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. b.Paper documents. Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 4.Confidential Information Segregation DOR Confidential Information received under this Agreement must be segregated or otherwise distinguishable from non-DOR data. This is to ensure that when no longer needed by the Contractor, all DOR Confidential Information can be identified for return or destruction. It also aids in determining whether DOR Confidential Information has or may have been compromised in the event of a security Breach. a.The DOR Confidential Information must be kept in one of the following ways: i.on media (e.g. hard disk, optical disc, tape, etc.) which will contain only DOR Data; or ii.in a logical container on electronic media, such as a partition or folder dedicated to DOR’s Data; or iii.in a database that will contain only DOR Data; or iv.within a database and will be distinguishable from non-DOR Data by the value of a specific field or fields within database records; or v.when stored as physical paper documents, physically segregated from non-DOR Data in a drawer, folder, or other container. b.When it is not feasible or practical to segregate DOR Confidential Information from non- DOR data, then both the DOR Confidential Information and the non-DOR data with which it is commingled must be protected as described in this Attachment. 5.Confidential Information Shared with Subcontractors If DOR Confidential Information provided under this Agreement is to be shared with a Subcontractor, the contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6.Confidential Information Disposition When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to DOR or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html). Washington State 28 Department of Revenue DOR Contract #K1914 a.For DOR’s Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. [Remainder of Page Intentionally Left Blank] Business Licensing Onboarding Prep BLS Partnership Services dorblspartner@dor.wa.gov 360.705.6777 Agenda •Overview •Contract and City Code •Online Content •System Access Process •Training •Q&A •Prep Data for Conversion 3 4 Summer 2021 Partners Cities for FY2022 Q1 •Arlington •Bremerton •Moxee •North Bonneville •Pomeroy •Roslyn •Royal City •South Prairie •Wilson Creek •Intake applications & renewals •Print & mail licenses •Collect & distribute fees •Offer reporting to support compliance for partners •Handle customer service What Does BLS Provide? 6 Fee Types o Flat fee o Employee fee range o Head counts (FTE) o Nonprofit o Home occupation o Non-resident (2 types) o Fee exempt o Rental units 77 Timeline 88 BLS Staff Handoffs •Main Point of Contact: Eric •Code Review: Clyde Pre- Onboarding •Main Point of Contact: Lead Analyst •Onboarding team leads city staff to Go Live & training Onboarding •Main Point of Contact: BLS Partner Box •Maintenance team supports your city Post Onboarding 9 Contract •Standard contract •Approval by council or city manager •Final copy sent by BLS to city 10 City Code •BLS review months before Go-live •City attorney review •Council approval 11 City Stakeholder Outreach •City newsletter •Website •Direct mail, email •Chamber of Commerce and other groups 12 License Requirements •Send license sample to BLS •Meetings set •Decisions approved •Follow-up 13 Web Content & Forms 13 14 Secrecy Clause Affidavit 15 Add Partner Portal 16 Training •Online video training o 1 or 2 weeks before Go-live •Webinar Training o 1 week after Go-live 17 Questions? Data Sample for Systems Testing bit.ly/CityFileLayout dorblspartner@dor.wa.gov 360.705.6777 Combined state and local licensing opportunity Page 1 of 2 From Subject This document describes the benefits of partnership with the state’s Business Licensing Service (BLS), a clearinghouse for local business licensing. BLS is offered free of charge to cities. It connects local licensing with state agency programs in a combined process that benefits municipalities, the regional business community, and individual business owners. BLS Benefits for Businesses • One-stop licensing –State agency licenses are integrated with city licenses in a fast-and-easy process for both applications and renewals • Same system – Use My DOR to manage licenses in the same portal all state taxpayers already use • Great service – Free online, phone, and chat support on weekdays • No trip to city hall – Apply for business licenses in about 160 cities (currently) with a single payment • Easy license print – Print a license or other documents online anytime • Check account status – Review status and expirations online with dor.wa.gov/BusinessLookup • One processing fee – Apply for any number of state and local licenses with a combined application fee. Renew all the account’s licenses with just renewal processing fee per location. BLS Benefits for Cities • Reduced costs o BLS processes all applications and renewals o BLS prints and mails paper notices, renewals, and licenses with no charge to partners o Follow-up collection services, both for missing information and dishonored payments o BLS offers direct and responsive personal assistance to partners during business hours o BLS self-help online services available 24/7 via a simple web-browser-based portal • Enhanced services o City retains full local regulatory control and authority o Enhanced licensing compliance and organic increases to revenues o Licensing services provided online with no administrative cost to city o On-demand reporting, including financials for local taxes and licensing revenues o GIS location –applicants within city limits have the city license auto-added to license applications o Reallocate staff from clerical tasks to perform customer service and regulatory work City and State Combined Licensing, Continued Page 2 of 2 State requirement for licensing partnership BLS is the one-stop shop for Washington state and local licensing, offering nearly 600 license types representing about 25 state agency licensing programs and most cities. The web-based system – called ATLAS – is responsive to both business and city needs. Users in your city gain access to ATLAS with the state’s familiar Secure Access Washington (SAW) portal and then easily manage local business accounts with access to state tax information and local license data. Chapter 35.90.020 RCW requires any city with a general business license to participate in BLS’s combined service. The legislation has specific deadlines. If your city does not complete partnership with BLS by December 31, 2022, it may no longer enforce its local business licenses until it partners with BLS. Questions? We hope you find this helpful. Please know we are your resource for all business licensing questions as we work toward completing our partnership. Call or email or check out citypartners.dor.wa.gov. We also post regular business licensing updates at BLSPartnerPost.com We look forward to hearing from you so we can prioritize your city or town’s BLS partnership. Sincerely, Eric Jones BLS Partnership Services Outreach Coordinator 360.705.6735 ericj@dor.wa.gov