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HomeMy WebLinkAbout06-28-21 Council Workshop To join Zoom meeting, here. Meeting ID: 829 3418 3407 Passcode: 171582 To join with mobile: 1-253-215-8782 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Airport Land Use Waiver for Fly-In Event ATTACHMENT A Staff Presentation: Marty Wray / Lorene Parker Council Liaison: Jan Schuette 2. RFA Annexation Documents ATTACHMENT B Staff Presentation: Steve Peiffle / Paul Ellis Council Liaison: Marilyn Oertle 3. Budget Amendment for York House Demo ATTACHMENT C Staff Presentation: Paul Ellis Council Liaison: Marilyn Oertle 4. Sole Source Resolution for Procurement of Membranes ATTACHMENT D for Water Reclamation Facility Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 5. Budget Amendment for Network Assessment ATTACHMENT E Staff Presentation: Bryan Terry Council Liaison: Mayor Pro Tem Jesica Stickles Arlington City Council Workshop Monday, June 28, 2021 at 7:00 pm 6. Budget Amendment for Access Control System ATTACHMENT F Staff Presentation: Bryan Terry Council Liaison: Mayor Pro Tem Jesica Stickles 7. Budget Amendment for new Community and Economic Development ATTACHMENT G Employee Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 8. Appointment of new Airport Commissioner Eric Hansen ATTACHMENT H Staff Presentation: Dave Ryan Council Liaison: Michele Blythe 9. Appointment of new Civil Service Commissioner Jonathan Reichert ATTACHMENT I Staff Presentation: James Trefry Council Liaison: Marilyn Oertle 10. May 2021 Financial Report ATTACHMENT J Staff Presentation: Kristin Garcia 11. Discussion regarding Arlington Art Fund ATTACHMENT K Staff Presentation: Paul Ellis ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: June 28, 2021 SUBJECT: Resolution to Waive Fly-In Fees ATTACHMENTS: Resolution and Airport Commission Findings DEPARTMENT OF ORIGIN Airport; Dave Ryan, Director 360-403-3474 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Each year the airport is required to bring to the City Council a resolution to waive land use fees for the annual Fly-In. Part of the resolution details the finding of fact supporting the decision to waive fees for this event. The Airport Commission approved the findings of this resolution at their June 8th Commission was tasked with providing “Findings of Fact” to support this resolution (attached) and is required to bring them before Council every year. It should be mentioned that the Arlington Fly-In supplies personnel and equipment at no charge for airport special events. Some of these events include Community Airport Day, 3 on 3X Basketball Tournament, RESOLUTION 2021-XXX 1 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY OF ARLINGTON ADOPTING FINDINGS REGARDING THE WAIVER OF FEES FOR THE 2021 ARLINGTON FLY-IN EVENT WHEREAS, the City of Arlington adopted Ordinance No. 2016-011 on June 20, 2016, creating a mutual benefit agreement process for certain events to be held at the Arlington Municipal Airport; and WHEREAS, the Arlington Airport Commission held a public meeting on June 8, 2021 to discuss the requested waiver of fees for the 2021 Arlington Fly-In Event; and WHEREAS, the Airport Commission’s Findings of Fact and recommendation is attached hereto as Exhibit A; and WHEREAS, the City Council wishes to adopt required findings in support of the waiver of fees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: 1. The Arlington City Council makes the following written findings relating to the 2021 Fly- In event, as required by AMC 14.08.065: (a) The 2021 Arlington Fly-In Event enhances public acceptance of the airport in the community in the immediate area of the airport; (b) The subject property will be put to a desired public recreational or other community use by the community in the immediate area of the airport during the 2021 Arlington Fly-In event; (c) The desired community use and the community goodwill that would be generated by 2021 Arlington Fly-In Event serves the business interest of the airport in ways that can be articulated and demonstrated; (d) The 2021 Arlington Fly-In Event does not adversely affect the capacity, security, safety, or operations of the airport; (e) At the time the 2021 Arlington Fly-In Event is contemplated, the subject property would not reasonably be expected to produce more than de minimis revenue; (f) The 2021 Arlington Fly-In does not preclude reuse of the subject property for airport purposes; (g) Airport revenue does not support the capital or operating costs associated with the 2021 Arlington Fly-In Event; (h) The 2021 Arlington Fly-In Event is not to a for-profit organization or for the benefit of private individuals; RESOLUTION 2021-XXX 2 (i) The permit, license or contract for the 2021 Arlington Fly-In Event complies with RCW 14.08.120(5); (j) The permit, license or other contract for the 2021 Arlington Fly-In Event does not exceed five (5) years; (k) The permit, license or other contract for the 2021 Arlington Fly-In Event does not exceed one year; (l) The proposed 2021 Arlington Fly-In Event use agreement and proposed waive of fees has been provided to the FAA for the opportunity to review and comment; (m) If the proposed use is within the airport operations area, it may only be used for an approved aeronautical use; and (n) The proposed permit, license or agreement complies with the city’s federal grant assurance obligations. 2. The Arlington City Council hereby adopts and incorporates by reference the Airport Commission’s findings of fact and the recommendation made by the Airport Commission June 8, 2021, attached hereto as Exhibit A. ADOPTED by the City Council and APPROVED by the Mayor Pro Tem this ____ day of July, 2021. CITY OF ARLINGTON _______________________________ Jesica Stickles, Mayor Pro Tem ATTEST: _______________________________ Wendy Van Meersche, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: June 28, 2021 SUBJECT: Regional Fire Authority (RFA) Annexation Documents ATTACHMENTS: Interlocal Agreement with North County Regional Fire Authority for Fire Marshal/Investigation Services, Interlocal Agreement with North County Regional Fire Authority for Fire Suppression Services at the Arlington Municipal Airport, Station 48 Lease Assignment to North County Regional Fire Authority, Master Bill of Sale from City of Arlington to North County Regional Fire Authority, Master Bill of Sale for Station 48, Interlocal Agreement with North County Regional Fire Authority Regarding Transitional Issues, City of Board of Commissioners appointed a subcommittee to study the feasibility of the City of Arlington annexing into the fire district. After a 13-month study, the proposed annexation was approved by voters in February of 2021. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. At the July 6, 2021 Council meeting, the recommended motion will be, “I move to approve the RFA documents, as presented, and authorize the Mayor to sign them, pending final review by the City Attorney, and approval by NCRFA." INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 1 INTERLOCAL AGREEMENT BETWEEN NORTH COUNTY REGIONAL FIRE AUTHORITY AND THE CITY OF ARLINGTON FOR FIRE MARSHAL/INVESTIGATION SERVICES THIS INTERLOCAL AGREEMENT (the “Agreement”) is entered into by and between NORTH COUNTY REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the “Authority”) and the CITY OF ARLINGTON, a Washington city (the “City”) on this August 1, 2021. WHEREAS, the City is annexing into the Authority effective August 1, 2021; and WHEREAS, the Authority and the City are authorized, pursuant to Chapter 39.34 of the Revise Code of Washington, to enter into interlocal cooperation agreements to provide high quality services to the public in an efficient manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.Purpose. The purpose of this Agreement is to ensure high quality and uninterrupted fire marshal services to the residents of the City during the term of this Agreement. 2.Term. This Agreement shall commence on August 1, 2021 or on the date that this Agreement is filed with the County Auditor or posted on either party’s website, whichever is later (the “Effective Date”) and will continue until terminated as provided herein. Either party may terminate this Agreement for any reason upon not less than twenty-four (24) month’s advance written notice; provided, however, that neither party shall issue notice of termination prior to January 1, 2028. 2.1 Termination by Authority for Cause. The Authority may also terminate this Agreement upon thirty (30) days’ notice if the City fails to pay an undisputed Contract Payment installment within ninety (90) days of its due date and fails to cure the failure to pay prior to the termination date stated in the notice. 2.2 Termination by the City for Cause. If the Authority is in material breach of any term or condition herein, the City may provide the Authority with a written notice describing the default in detail. The Authority shall cure such breach within ninety (90) days after receipt of such notice and shall confer with the City on the steps being taken; provided, however, that the time for cure shall be extended if the default cannot be cured within ninety (90) days and the Authority is making a good faith effort to cure such default in a INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 2 timely manner. If the Authority fails to timely cure the default as provided in this section, the City may issue written notice of termination which shall take effect not less than thirty (30) days following such notice. 3. Services. During the term of this Agreement, the Authority agrees to provide those fire marshal services identified in Exhibit A hereto (the “Services”) within the boundaries of the City, as those boundaries may be adjusted in the future. This is not an exclusive agreement and the City reserves the right to contract with a third party vendor to provide plan review and inspection fire marshal services described in paragraph 10, below. 4. Level of Service. The Services shall be provided in such a manner as to maintain the existing levels of service provided by the Authority immediately prior to the Effective Date until or unless a revised scope of services is mutually agreed upon in an amendment to this Agreement in accordance with section 24 below. The City shall provide the Authority with at least six (6) months’ written notice of a desired change to the scope of services. 4.1 The Services shall be administered in the interest of the City and shall be performed in a professional and competent manner pursuant to and within the timelines required of the City’s Municipal Code (the “Code”), City policies and procedures, including applicable customer service standards, and any state or federal laws applicable to the performance of the Services. It is recognized by both parties that there are exceptions that will impact turnaround times that shall be taken into consideration in determining compliance with this section of the Agreement. 4.2 In the event of a change to the defined Level of Service, the Contract Payment shall be adjusted in accordance with Exhibit B. Any modification to the Level of Service shall be stated in a written amendment to this Agreement specifying the modifications to the Level of Service and the changes to the Contract Payment. In the event substantial volume increases affect the ability of the Authority to meet the defined Level of Service, the parties agree to collaborate in the public interest to address adjustments in the Contract Payment necessary to satisfy the Level of Service or to make changes to the Level of Service on mutually agreeable terms; provided, that no adjustment to the Contract Payment or change to the Level of Service shall be effective unless stated in a written amendment to this Agreement in accordance with Section 24 below. 4.3 Designees from each party shall meet on a regular basis at the request of the either party, to discuss the Level of Service, the Contract Payment and any other issues arising out of the performance of this Agreement. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 3 5. Personnel, Equipment and Office Space 5.1 The Authority shall be solely responsible for establishing and supplying all staffing (the “Assigned Authority Personnel”) and all equipment necessary to provide the Services, except for any equipment which the City is expressly required herein to provide. 5.2 The City shall provide the Assigned Authority Personnel with access to permit files and other City records reasonably necessary for the Authority to provide the Services. 6. City Fees, Billing and Collection. The City may continue to impose and charge fees related to fire prevention services. The City shall collect and shall be entitled to retain all such fees that are collected. Billing and collection services associated with the City’s fees shall be solely performed by City staff. 7. Contract Payment. Beginning August 1, 2021, the City shall, in consideration of the Services, pay the Authority on a per hour basis (the “Contract Payment”) in accordance with Exhibit B. Exhibit B is designed to set forth an estimated level of compensation that fully compensates the Authority for the actual cost of providing the Services as defined in Exhibit A. Authority shall invoice the City in a manner which separates out the billings for Plan Review and Inspection services provided under Section 10, below; Fire Code Enforcement provided under Section 11 below, and fire investigation services provided under Section 12, below. 7.1 Contract Payment Adjustment. Each year, no later than July 1st (“Adjustment Deadline”), the Authority shall submit to the City a statement showing the Contract Payment for the ensuing year, taking into account increases in labor costs for those personnel providing the Services. 7.1.1 Adjustment Date Not Met. If a new collective bargaining agreement (CBA) between the Authority and IAFF Local or employment contract which represents the Authority’s employees has not been finalized by the Adjustment Deadline of the final year of the then-effective CBA, the Personnel costs and the Overhead costs for the ensuing year shall be adjusted following execution of the new CBA and shall be retroactive to January 1 of the Adjustment Year. For purposes of this paragraph, the term “Adjustment Year” means the year in which a new CBA or contract is effective between the Authority and the local chapter if the IAFF or Authority. When a new CBA has retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 4 if a CBA expires on December 31, 2022 and a new CBA is executed on December 1, 2024 but made retroactive to January 1, 2023, the Adjustment Year would be 2023. 7.1.2 Compensation Adjustments. If the parties determine that the calculation in Exhibit B results in an overcompensation or under compensation, the City and the Authority shall cooperate to make adjustments to Exhibit B, as necessary, to achieve the goal of compensating the Authority for the actual cost of providing the Services; provided, that no adjusted to Exhibit B shall be effective unless stated in a written amendment to this Agreement in accordance with Section 24 below. The parties shall meet and confer on a regular basis to review performance and level of service of this agreement. i. Should a change in the level of service listed in Exhibit B be requested by either party, a reopener shall be allowed annually to discuss the changes necessary and cost of decrease or increase in services rendered. ii. This ILA shall be reevaluated once every eight years to discuss cost analysis and service levels. 7.1.3 Creating Unfunded Mandates. The City shall not create any unfunded mandates for increased service or reporting by the Authority without fully compensating the Authority for actual costs incurred. 8. Payment. For 2021, the Contract Payment shall be the amount set forth in Exhibit B and shall be due by the fifteenth (15th) day of the month of October. Beginning January 1, 2022, the Contract Payment shall be due and payable in four equal installments made by the fifteenth (15th) day of the month in the months of January, April, July and October. The Authority shall issue an invoice to the City at least thirty (30) days in advance of the due date. If payment of an undisputed installment is more than thirty (30) days delinquent, interest shall accrue at the rate of twelve percent (12%) per annum. 9. Fire Code Official. For purposes of Section 103.2 of the International Fire Code (IFC), the Authority Fire Chief shall be designated the Fire Code Official for the City during the term of this Agreement. In consultation with the City, the Fire Chief shall designate an individual to serve as the City’s Fire Marshal and ensure assignment of fire prevention personnel to support the needs of the City as defined in Exhibit A. The Fire Marshal and prevention personnel will perform the functions specified in this Agreement, International Fire Code, City ordinances, and other adopted fire service standards. The City shall retain the full and ultimate authority for code adoption, interpretation and Deleted: INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 5 enforcement. The Fire Marshal and fire prevention personnel shall be certified commensurate with duties assigned. 9.1 Fire Code refers to all applicable fire codes and prevention standards (“Codes”) of Section 103.2 of the International Fire Code (IFC) and local municipal code as that section may be amended or re-codified by the City. 9.2 The Fire Code Official may, from time to time, make recommendations to the City regarding suggested revisions or amendments to the City’s Fire Code. Such recommendations shall be made according to the process prescribed by the City. 10. Plan Review and Inspection Services. The following terms and conditions shall apply with regards to Plan Review and Inspection Services outlined in Exhibit A: 10.1 All services provided pursuant to this Exhibit shall be performed in a professional and competent manner pursuant to and within the timelines required of the Codes, City policies and procedures, including applicable customer service standards, and any state or federal laws applicable to the performance of that work. Fire prevention personnel shall obtain and maintain certifications needed to perform the duties of these services. 10.2 The personnel assigned to the Fire Marshal’s Office shall maintain their operational training and provide operational support as part of their daily activities as directed by the Authority. 10.3 The Authority will complete one inspection per buisness occupancy every other year. With respect to any observed code violations, the Authority shall provide a maximum of (2) re-inspections before turning over to code enforcement by City personnel. 10.4 The Authority will provide plan review services, witness associated fire protection system accepting testing, and conduct occupancy inspections. 11. Fire Code Enforcement. The following terms and conditions shall apply with regards to those Fire Prevention Code Enforcement services outlined in Exhibit A: 11.1 The City shall be responsible for providing prosecution services and legal counsel necessary to prosecute any civil or criminal code enforcement issues when enforcement requires judicial action (including hearing examiner proceedings). Once enforcement is turned over to the City for judicial action, the City retains independent prosecutorial discretion as to how or whether to proceed with enforcement action. The City will also maintain responsibility for any code enforcement activities that require the presence or involvement of commissioned law enforcement officers. The Assigned Authority Personnel who inspected the property and found it to be in violation shall appear before INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 6 any court, hearing examiner, board, committee, or other body empowered to enforce the provisions of the IFC in order to assist the City with enforcing the IFC at the sole cost of the Authority. If the parties mutually agree, the City may provide Assigned Authority Personnel with a limited law enforcement commission to enforce portions of the Code that require such commission (e.g. issuance of infractions for fire lane parking or fireworks enforcement). The parties acknowledge that the Authority, by statute, has no duty to enforce any provisions of the code or to enforce ordinances of the City except under the terms of this Agreement and the RFA Plan. Any duty the Authority does have to enforce the Code is not intended to benefit any specific members of the general public. The City agrees that all court costs and other legal costs incurred in the judicial enforcement of the Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Authority. 11.2 The Authority will coordinate with the City when enforcement efforts are contested and when the City is undertaking related non-fire code enforcement efforts. 11.3 The Authority will attend the provide testimony and exhibits at Code enforcement hearings before the City’s Hearing Examiner, and upon appeal, if any, to court. 12. Fire Investigation Services. The following terms and conditions shall apply with regards to those Fire Investigation services as outlined in Exhibit A: 12.1 The Authority will investigate the origin and cause of all fires. Fires generating greater than $10,000 in damages and major fires will be investigated by the Authority Fire Marshal. The Authority Fire Marshal will coordinate incendiary fire investigations with the Arlington Police Department and/or Snohomish County Fire Marshal’s Office as required. 12.2 The Authority will have available staff to investigate major fires 24 hours per day on call except during vacation and training periods, in which time mutual aid will be utilized or contracted with the Snohomish County Fire Marshal’s Office. 12.3 The Authority will coordinate incendiary fire investigation activities with the City Police Department as necessary. The City may issue a limited commission to investigators to all for sharing of privileged information or other activities approved by the City Police Chief. In the event of major crimes such as homicide or great bodily injury, the Authority will work with City Police Department to coordinate the outcome. The Authority shall not bear the cost of that enforcement if incurred. 12.4 All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigation Services are provided shall be collected by the assigned fire INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 7 investigator and maintained by the evidence custodians of the City’s Police Department pursuant to the policies and procedures for the maintenance of evidence set forth by the City’s Police Department. 12.5 The Parties will cooperate and keep each other informed as to the status of all fires in the City that occur as a result of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. This obligation shall not be construed to require the disclosure of information if disclosure could jeopardize a criminal investigation. 12.6 The City reserves the right to use the Snohomish County Fire Marshal’s Office to assist with the performance of the services in this section. 13. Records. All records received, used or prepared in connection with the Services shall remain in the custody of the City and shall be maintained in such manner(s) as may be prescribed by the City. All such records shall be accessible by the Assigned Authority Personnel in order to perform the Services. 13.1 The City shall be solely responsible for responding to Public Records Requests received by the City which involve public records generated pursuant to this Agreement; provided, however, that the Authority and Assigned Authority Personnel shall assist, as necessary, in locating responsive records necessary for the City to fulfill its statutory duties under RCW 42.56. 13.2 The Authority shall be solely responsible for responding to Public Records Requests received by the Authority which involve public records generated pursuant to this Agreement; provided, however, that the City shall cooperate, as necessary, in providing records necessary for the Authority to fulfil its statutory duties under RCW 42.56. 14. Indemnification. 14.1 To the extent permitted by law, the Authority 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 Authority, 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 Authority 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 Authority INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 8 and their respective officers, agents, and employees, or any of them, for negligent or intentional acts or omissions of the Authority, the Authority shall satisfy the same; and further provided, that if any such Claim is based on the concurrent negligence of the parties, then the Authority’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 Authority 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 Authority, the City shall defend the same at its sole cost and expense; provided that the Authority 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 Authority and its officers, agents, employees or any of them, or jointly against the Authority 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. 14.3 The indemnification provisions above hereby constitute each party’s waiver of immunity under the Industrial Insurance Act, RCW 51 solely to fulfill the purposes of the foregoing indemnification provisions. This provision has been mutually negotiated by the parties. 15. City and Authority Are Independent Municipal Governments. The parties recognize and agree that they are independent governments. No separate legal or administrative entity is created by the Agreement. Except as expressly provided to the contrary in this Agreement, any real property acquired or used by either party in connection with the performance of this Agreement shall remain the sole property of such party, and the other party shall have no interest therein. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically, and without limiting the foregoing, the Authority shall have the sole discretion and the obligation to determine the exact method by which the Services are provided to the City. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 9 16. Administration of Agreement. This Agreement shall be administered by the Authority’s Fire Chief and the City Administrator of the City. The Fire Chief and City Administrator shall meet regularly and at the request of either party to ensure the satisfaction of the City with the Services. The City Administrator may provide input to the Fire Chief concerning desired outcomes concerning the Services. 16.1 In addition to the foregoing, the Authority will provide such reports as may be reasonably requested by the City in order to remain informed regarding the Services performed pursuant to this Agreement. 17. Assigned Authority Personnel. The Assigned Authority Personnel shall at all times be Authority employees and shall not be deemed to be loaned employees of the City. The Authority shall be solely responsible for all compensation due to Assigned Authority Personnel, supervision and discipline. The City shall immediately notify the Human Resources Director for the Authority concerning any actions by Assigned Authority Personnel requiring involvement by the Human Resources Department. The Authority retains the right to move employees within the Prevention Division. 18. Dispute Resolution. It is the intent of the parties herein to attempt to resolve all disputes between them without litigation. The parties shall mutually agree upon a mediator. Any expenses incidental to mediation, including the mediator’s fee, shall be borne equally by the parties. If the parties cannot agree upon a mediator, the parties shall submit the matter to the Judicial Arbitration and Mediation Service (JAMS), Judicial Dispute Resolution (JDR) or Washington Arbitration and Mediation Service (WAMS) and request that a mediator be appointed. If the parties cannot agree on which of these services to use, one of them shall be selected at random. This requirement to mediate the dispute may only be waived by mutual written agreement before a party may proceed to litigation. 18.1 Jurisdiction and venue for any dispute arising out of this Agreement shall lie exclusively in the Superior Court of Snohomish County, Washington. Each party expressly waives the right to a jury trial. 19. Non-Waiver. No waiver of any act or omission, including but not limited to acceptance or payment by the Authority, shall operate as a waiver of any past or future default, or to deprive a party of its right to terminate this Agreement, or be construed to prevent a party from promptly exercising any other right or remedy it has under this Agreement. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 10 20. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give the other party shall be in writing addressed to the other party at the addresses as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, Washington 98292 City of Arlington 238 N Olympic Avenue Arlington, Washington 98223 or such address as may have been specified by notifying the other party of the change of address. Notice shall be deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if mailed with the United States Postal Service by certified mail, return receipt requested. 21. Drafting. Each party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which party drafted a particular provision. 22. Survival. All obligations of either party as provided for in this Agreement shall not cease upon the termination of this Agreement and shall continue as obligations until fully performed. All clauses of this Agreement which require performance beyond the termination date shall survive the termination date of this Agreement. 23. Entire Agreement. This Agreement contains all of the understandings between the parties. Each party represents that no promises, representations or commitments have been made by the other as a basis for the Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the legislative authorities of each party. 24. Amendments. This Agreement may only be amended or modified by a written agreement approved and authorized by the legislative authorities of each party. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 11 North County Regional Fire Authority City of Arlington By:_______________________________ By:_____________________________ Commissioner Oakes Mayor Barb Tolbert By:________________________________ Commissioner Williams By:________________________________ Commissioner Cade By:________________________________ Commissioner Johnson By:________________________________ Commissioner Longley By:________________________________ Commissioner Iverson Attest:__________________________ Katie Casey, Board Secretary INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 12 EXHIBIT A LIST OF SERVICES I – Plan Review and Inspection Services: The Authority will provide plan review and occupancy inspections. The description of Plan Review and Inspection Services in this Exhibit A is intended to provide an overview of the Services that were previously provided by the Authority within the Interlocal Agreement for Shared Services between the City and Authority. The Services should be construed broadly so that the Authority will continue seamlessly providing all services previously provided by the Interlocal Agreement. Plan Review Services include, but are not limited to, administration and enforcement of applicable fire codes and prevention standards (“Code or Codes”), including local municipal code as that section may be amended or recodified by the City. The Authority shall provide, in consultation with the City, the following Plan Review and Inspection Services: A. Direct the management and supervision of personnel performing the Services. B. Consult with City Building Official on Fire and Life Safety issues identified during the plan review and occupancy inspections, Code Compliance and Enforcement, and provide recommendations regarding the development and maintenance of Fire Codes and Standards. Consult with City on interpretation of Codes as necessary to perform the Services. C. Review and approve fire protection and life safety system plans submitted to the City. D. Perform all other administrative and records tasks necessary to support Inspection Services for the City. E. Witness acceptance testing of fire protection and life safety systems installed in new and existing buildings. F. Coordinate with the City the scheduling and conducting of new construction/tenant improvement inspections for fire code compliance where Fire and Life Safety input is deemed necessary. G. Review Special Event applications/sites for fire code compliance. H. Participate in the Land Use Planning process to ensure code compliance. I. Coordinate with City the annual inspection program to include one bi-annual inspection per business occupancy with two re-inspections where necessary, before forwarding for code compliance. II – Fire Code Enforcement INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 13 The Authority shall provide the following Fire Prevention Code Enforcement Services in Arlington city boundaries: A. Perform annual inspections required or authorized by the Code at intervals set forth in this Agreement or as otherwise agreed upon annually between the City Administrator and Authority’s Fire Chief. B. Investigate and resolve Code violation complaints or inquiries. C. Perform all Code enforcement duties of the Fire Marshal, Fire Code Official, and/or Fire Chief as provided in the Code. If the parties mutually agree, the City may provide employees of the Authority with a limited law enforcement commission to enforce portions of the Code that require such commission (e.g. issuance of infractions for fire lane parking or fireworks enforcement). The parties acknowledge that the Authority, by statute, has no duty to enforce any provisions of the code or to enforce ordinances of the City except under the terms of this Interlocal Agreement and the RFA Plan. Any duty the Authority does have to enforce the Code is not intended to benefit any specific members of the public. The City agrees that all court costs and other legal costs incurred in the judicial enforcement of the Code within the City limits shall be paid by the City and shall not be considered an operating expense of the Authority. D. Coordinate with the City when enforcement efforts are contested and when the City is undertaking related non-fire code enforcement efforts. E. Coordinate with the City on post-disaster building and system inspections and/or evaluations. F. Approve and/or review fire safety, emergency evacuation, lockdown, shelter-in-place, and hazardous materials management plans. G. Manage the Fire Department Annual Inspection Program. H. Provide fire protection system confidence test program activities to include evaluation of confidence tests provided by third parties, issuance of correction notices and/or notices of violation with the City Building Official where deemed necessary. I. Manages a Fire Company Inspection Program and coordinate with the City the follow- up on code enforcement violations that are identified. The parties shall meet and confer regarding the number of inspections to be achieved on an annualized basis if the listed is found to be unacceptable. J. Process Fire Code complaints or inquiries from the public to include data entry, file creation and routing of information. III – Fire Investigation Services: INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 14 The Authority shall perform or contract with the Snohomish County Fire Marshal’s Office, services that include but are not limited to: A. Investigate the origin and cause of fires, interview suspects and witnesses, examine fire scenes, document findings and prepare reports, protect evidence, cooperate with prosecutors and law enforcement, be available for interviews and courtroom testimony, and other associated duties. B. Investigate all fires that are intentionally caused, suspicious, injurious, and fires with a loss of ten thousand dollars ($10,000) or more if cause cannot be determined by on- scene personnel. C. Coordinate arson investigation activities with the Arlington Police Department as necessary. D. Respond to all working fires when requested during working hours and all working fires after hours if available. E. Participate in regional and state fire investigative organizations and activities where deemed practical by the Authority. Evidence Retention All evidence gathered during the criminal investigation of a fire or other event for which Fire Investigative Services are provided shall be collected by the assigned fire investigator and maintained by the evidence custodians of the City’s Police Department pursuant to the policies and procedures for the maintenance of evidence as set forth by the City’s Police Department. Cooperation in Criminal Investigations The Parties will cooperate and keep each other informed as to the status of all fires in the City that occur because of suspected or confirmed criminal conduct by providing status reports of investigations as the investigations evolve. This obligation shall not be construed to require the disclosure of information if disclosure could jeopardize a criminal investigation. INTERLOCAL AGREEMENT FOR FIRE MARSHAL/INVESTIGATION SERVICES BETWEEN NORTH COUNTY RFA AND THE CITY OF ARLINGTON 15 EXHIBIT B 2022 Fire Marshal/Fire Investigation/Inspections Service Contract Estimate Fire Marshal/Fire Investigation Hourly Cost: Assistant Chief of CRR Labor $83.64 M&O/Administration $0.47 Capital $3.13 Total Cost per Hour $87.24 Annual Fire Inspections Hourly Cost: Engine/Ladder Crew Labor $162.74 M&O $2.51 Capital $4.74 Total Cost per Hour $169.99 Note 1: Labor costs are based on 2022 Authority projected salary and benefits rates. Note 2: In accordance with 7.1.1, if a new collective bargaining agreement (CBA) between the Authority and the IAFF Local or employee contract which represents the Authority’s employees has not been finalized by September 1 of the fire ear of the then-effective CBA, the Personnel costs and Overhead costs for the ensuing year shall be adjusted following execution of the new CBA and shall be retroactive to January 1 of the Adjustment Year. For purposes of this paragraph, the term “Adjustment Year” means the year in which a new CBA is effective between the Authority and the IAFF Local. When a new CBA has retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, if a CBA expires on December 31, 2022 and a new CBA is executed on December 1, 2024 but made retroactive to January 1, 2023, the Adjustment Year would be 2023. Note 3: M&O/Administration costs are related to human resources, accounting, payroll services, fleet maintenance, uniforms, radios, field technology, etc. Note 4: Capital costs are related to fleet management for staff vehicle(s) on a 10-year replacement schedule and fire engine/ladder truck on a 15 year replacement schedule and will increase 3% annually. 1 INTERLOCAL AGREEMENT BETWEEN NORTH COUNTY REGIONAL FIRE AUTHORITY AND THE CITY OF ARLINGTON FOR FIRE SUPPRESSION SERVICES AT THE ARLINGTON MUNICIPAL AIRPORT THIS INTERLOCAL AGREEMENT (the “Agreement”) is entered into by and between NORTH COUNTY REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the “Authority”) and the CITY OF ARLINGTON, a Washington city (the “City”) on this August 1, 2021. WHEREAS, the City is annexing into the Authority effective August 1, 2021; WHEREAS, pursuant to the amended RFP Plan, the Authority will provide services to the Arlington Municipal Airport initially from the current Station 48 pursuant to a use agreement effective August 1, 2021 (the “Use Agreement”) and, thereafter, from a new Station 48 currently under construction pursuant to a Quit Claim Deed or other transfer of that station together with an assignment of the lease for the new Station 48 (the “Lease”); and WHEREAS, the Authority and the City are authorized, pursuant to Chapter 39.34 of the Revise Code of Washington, to enter into interlocal cooperation agreements to provide high quality services to the public in an efficient manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to ensure fire suppression services to the Arlington Municipal Airport during the term of this Agreement. 2. Term. This Agreement shall commence on August 1, 2021 or on the date that this Agreement is filed with the County Auditor or posted on either party’s website, whichever is later (the “Effective Date”) and will continue until terminated as provided herein. Once the Lease is assigned to the Authority, this Agreement shall terminate automatically if the Authority stops being a lessee under the Lease, including, without limitation, as a result of a termination of the Lease or an assignment of the Lease by the Authority. 2.1 Termination by Authority for Cause. If the City is in material breach of any term or condition herein, the Authority may terminate this Agreement with a written notice describing the default in detail. The City shall cure such breach within ninety (90) days after receipt of such notice. If the City fails to timely cure the default as provided in this section, the Authority may issue written notice of termination which shall take effect not less than thirty (30) days following such notice. 2 2.2 Termination by the City for Cause. If the Authority is in material breach of any term or condition herein, the City may provide the Authority with a written notice describing the default in detail. The Authority shall cure such breach within ninety (90) days after receipt of such notice and shall confer with the City on the steps being taken; provided, however, that the time for cure shall be extended if the default cannot be cured within ninety (90) days and the Authority is making a good faith effort to cure such default in a timely manner. If the Authority fails to timely cure the default as provided in this section, the City may issue written notice of termination which shall take effect not less than thirty (30) days following such notice. 3. Services. During the term of this Agreement, the Authority agrees to provide those fire suppression and protection services identified in Exhibit A hereto (the “Services”) within a portion of the boundaries of the Arlington Municipal Airport, as identified on Exhibit B hereto. 4. Level of Service. The Services shall be provided to the same extent and in the same manner as it provides services to other properties within the Authority under similar circumstances. 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 Authority to respond first as opposed to other areas protected by the Authority. Rather, the Parties recognize that responses to concurrent emergencies shall be determined by the Authority based upon its operational judgment and without regard to where the concurrent emergencies occur. Designees from each party shall meet on a regular basis at the request of the either party, to discuss the Level of Service, the Contract Payment and any other issues arising out of the performance of this Agreement. 4.1 Level of Service Changes. It is expected that the Services shall not significantly increase or decrease the current level of service being provided by the Authority without mutual agreement of the parties, which does not include commercial passenger airliners. During the term of this Agreement, service level changes may be mandated that are beyond the control of either party or either Party may desire to change the service level. If there is a material and significant increase or decrease in the level of services under this 3 Agreement, then, at the request of either Party, the Parties shall seek to renegotiate this Agreement and the compensation hereunder to fully compensate the Authority for actual costs incurred. 5. Personnel, Equipment and Office Space 5.1 The Authority shall be solely responsible for establishing and supplying all staffing (the “Assigned Authority Personnel”) and training and all equipment necessary to provide the Services, except for any equipment which the City is expressly required herein to provide. 5.2 The City shall provide the Assigned Authority Personnel with access to information and other City records reasonably necessary for the Authority to provide the Services. 6. City Fees, Billing and Collection. Not applicable, see paragraph 7 below. 7. Contract Payment. In lieu of a contract payment, beginning August 1, 2021, the City shall, in consideration of the Services, provide the Authority with the use of the Premises for Station 48 (the “Station 48 Use Agreement”) in accordance with the Use Agreement and, starting January 1, 2024, the City shall, in consideration of the Services, provide the Authority with a credit equal to the rent owed under the Lease. 7.1 Contract Payment Adjustment. 7.1.1 Compensation Adjustments. The City and the Authority shall cooperate to make adjustments, as necessary, to achieve the goal of compensating the Authority for the actual cost of providing the Services and assuring the City Airport receives fair market value for the use of the leased property; provided, that no adjustment shall be effective unless stated in a written amendment to this Agreement in accordance with Section 19 below. The parties shall meet and confer on a regular basis to review performance and level of service of this agreement. i. Should a change in the level of service be requested by either party, a reopener shall be allowed annually to discuss the changes necessary and cost of decrease or increase in services rendered. ii. This ILA shall be reevaluated once every five years to discuss cost analysis and service levels. 4 7.1.2 Creating Unfunded Mandates. The City shall not create any unfunded mandates for increased service or reporting by the Authority without fully compensating the Authority for actual costs incurred. 8. Records. All records received, used or prepared in connection with the Services shall remain in the custody of the City and shall be maintained in such manner(s) as may be prescribed by the City. All such records shall be accessible by the Assigned Authority Personnel in order to perform the Services. 8.1 The City shall be solely responsible for responding to Public Records Requests received by the City which involve public records generated pursuant to this Agreement; provided, however, that the Authority and Assigned Authority Personnel shall assist, as necessary, in locating responsive records necessary for the City to fulfill its statutory duties under RCW 42.56. 8.2 The Authority shall be solely responsible for responding to Public Records Requests received by the Authority which involve public records generated pursuant to this Agreement; provided, however, that the City shall cooperate, as necessary, in providing records necessary for the Authority to fulfil its statutory duties under RCW 42.56. 9. Indemnification. 9.1 To the extent permitted by law, the Authority 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 Authority, 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 Authority 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 Authority and their respective officers, agents, and employees, or any of them, for negligent or intentional acts or omissions of the Authority, the Authority shall satisfy the same; and further provided, that if any such Claim is based on the concurrent negligence of the parties, then the Authority’s obligation under this Section applies only to the extent of it negligence. 9.2 To the extent permitted by law, the City shall indemnify, hold harmless and defend the Authority 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 5 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 Authority, the City shall defend the same at its sole cost and expense; provided that the Authority 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 Authority and its officers, agents, employees or any of them, or jointly against the Authority 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. 9.3 The indemnification provisions above hereby constitute each party’s waiver of immunity under the Industrial Insurance Act, RCW 51 solely to fulfill the purposes of the foregoing indemnification provisions. This provision has been mutually negotiated by the parties. 10. City and Authority Are Independent Municipal Governments. The parties recognize and agree that they are independent governments. No separate legal or administrative entity is created by the Agreement. Except as expressly provided to the contrary in this Agreement, any real property acquired or used by either party in connection with the performance of this Agreement shall remain the sole property of such party, and the other party shall have no interest therein. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically, and without limiting the foregoing, the Authority shall have the sole discretion and the obligation to determine the exact method by which the Services are provided to the City. 11. Administration of Agreement. This Agreement shall be administered by the Authority’s Fire Chief and the Mayor of the City. The Fire Chief and Mayor shall meet regularly and at the request of either party to ensure the satisfaction of the City with the Services. The Mayor may provide input to the Fire Chief concerning desired outcomes concerning the Services. 11.1 In addition to the foregoing, the Authority will provide such periodic reports as may be reasonably requested by the Mayor in order to remain informed regarding the Services performed pursuant to this Agreement. 6 12. Assigned Authority Personnel. The Assigned Authority Personnel shall at all times be Authority employees and shall not be deemed to be loaned employees of the City. The Authority shall be solely responsible for all compensation due to Assigned Authority Personnel, supervision and discipline. The City shall immediately notify the Human Resources Director for the Authority concerning any actions by Assigned Authority Personnel requiring involvement by the Human Resources Department. The Authority retains the right to move employees within the Prevention Division. 13. Dispute Resolution. 13.1 It is the intent of the parties herein to attempt to resolve all disputes between them without litigation. In the event any dispute cannot be resolved between the Fire Chief and the Mayor, the parties shall mutually agree upon a mediator. Any expenses incidental to mediation, including the mediator’s fee, shall be borne equally by the parties. If the parties cannot agree upon a mediator, the parties shall submit the matter to the Judicial Arbitration and Mediation Service (JAMS), Judicial Dispute Resolution (JDR) or Washington Arbitration and Mediation Service (WAMS) and request that a mediator be appointed. If the parties cannot agree on which of these services to use, one of them shall be selected at random. This requirement to mediate the dispute may only be waived by mutual written agreement before a party may proceed to litigation. 13.2 Jurisdiction and venue for any dispute arising out of this Agreement shall lie exclusively in the Superior Court of Snohomish County, Washington. Each party expressly waives the right to a jury trial. 14. Non-Waiver. No waiver of any act or omission, including but not limited to acceptance or payment by the Authority, shall operate as a waiver of any past or future default, or to deprive a party of its right to terminate this Agreement, or be construed to prevent a party from promptly exercising any other right or remedy it has under this Agreement. 15. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give the other party shall be in writing addressed to the other party at the addresses as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, Washington 98292 City of Arlington 238 N Olympic Avenue Arlington, Washington 98223 7 or such address as may have been specified by notifying the other party of the change of address. Notice shall be deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if mailed with the United States Postal Service by certified mail, return receipt requested. 16. Drafting. Each party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which party drafted a particular provision. 17. Survival. All obligations of either party as provided for in this Agreement shall not cease upon the termination of this Agreement and shall continue as obligations until fully performed. All clauses of this Agreement which require performance beyond the termination date shall survive the termination date of this Agreement. 18. 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. 19. Entire Agreement. This Agreement contains all of the understandings between the parties. Each party represents that no promises, representations or commitments have been made by the other as a basis for the Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the legislative authorities of each party. 20. Amendments. This Agreement may only be amended or modified by a written agreement approved and authorized by the legislative authorities of each party. 21. 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. North County Regional Fire Authority City of Arlington By:_______________________________ By:_____________________________ Commissioner Oakes Mayor Barbara Tolbert 8 By:________________________________ Attest:__________________________ Commissioner Williams Wendy Van Der Meersche City Clerk By:________________________________ Commissioner Cade By:________________________________ Commissioner Johnson By:________________________________ Commissioner Longley By:________________________________ Commissioner Iverson Attest:__________________________ Katie Casey, Board Secretary 9 EXHIBIT A LIST OF SERVICES The Authority shall provide fire protection and suppression services normally associated with a regional fire authority allowable under state and local laws and ordinances, to include but not be limited to: fire suppression, hazardous materials incident response, technical rescue, and shall furnish all personnel and equipment, including clerical and administrative support, required to perform the above listed services. The Authority shall not provide fire prevention as part of the services. There may be fire prevention inspections necessary for the airport that are not included in the service. 10 EXHIBIT B Applicable portion of Arlington Municipal Airport [attach map] 11 EXHIBIT C Use Agreement for Station 48 MASTER BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of annexation to the North County Regional Fire Authority, and other good and valuable consideration, the City of Arlington (“City”) does hereby convey, grant, bargain sell, assign and transfer to the North County Regional Fire Authority (the “Authority”) the property identified in Exhibit A hereto. This asset is conveyed to the Authority “as is” and “where is” without any warranty of fitness or merchantability express or implied. The City hereby warrants that it has good and legal title to said assets and that the above assets are sold free and clear of all liens, security interests and encumbrances of any kind and nature. The City further warrants that it will defend the Authority against all claims of superior title. IN WITNESS WHEREOF, the City and Authority have hereunto set their signatures, hand and seal this ___ day of ________________, 202___. CITY OF ARLINGTON _______________________________________ _______________________, Mayor ACCEPTED BY: NORTH COUNTY REGIONAL FIRE AUTHORITY ___________________________________ ____________________, Board Chair EXHBIT A The Fire Station 48 building along with other personal property improvements to the property commonly known as 4228 Airport Boulevard, Arlington, WA, located at the Arlington Municipal Airport, situate on the real property described below: That portion of the Arlington Airport Property, being in the Southeast Quarter of the Northwest Quarter of Section 21, Township 31 North, Range 5 East, W.M., described as follows: Beginning at the Southeast corner of the Southeast Quarter of the Northwest Quarter of said section 21; thence North 87 ˚46’24” West, along the South Line of said Southeast quarter of the Northwest Quarter, a distance of 492.17 feet; thence North 2˚28’06” East, a distance of 329.17 feet, the true point of beginning; thence North 38 ˚07’14” East, a distance of 286.46 feet to the Southwest Right of way of Airport Boulevard, also known as 51st Ave. NE, having a right of way width of 70.00 feet; thence South 51 ˚52’46” East along said right of way, a distance of 315.00 feet; thence South 38 ˚07’14” West a distance of 286.46 feet; thence North 51 ˚52’46” West on a line parallel to the southwest right of way of Airport Boulevard a distance of 315.00 feet to the true point of beginning. Situate in Snohomish County, State of Washington (comprising 90,234.9 square feet, or 2.07151 acres) (also known as Snohomish County Tax Parcel Number 31052100202000) LEASE ASSIGNMENT 1 ( 27-682/sjp) LEASE ASSIGNMENT ARLINGTON FIRE DEPARTMENT STATION #48 (LOT ____) The parties hereto are the City of Arlington, a Washington limited liability company, “Assignor” and “Lessor”, and North County Regional Fire Authority, a Washington municipal corporation, hereinafter referred to as “assignee”. WHEREAS, on the 19th day of November, 2020, Assignor leased as lessee certain premises from itself as Lessor, for the purposes set forth in said lease, which lease was originally recorded under Snohomish County Auditor’s File No. __________________________ (“the Lease”); and WHEREAS, Assignee desires to assume Assignor’s interest in said Lease, as amended, and to take assignment of said Lease, in accordance with the agreement between these parties. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. Assignment of Lease. For and in receipt of valuable consideration in hand paid by assignee, receipt of which is hereby acknowledged, Assignor does hereby grant, bargain, sell, assign, transfer and set over unto Assignee and to their heirs, executors and successors, that certain lease above-referenced and dated November 19, 2020 between the parties, as amended, hereinafter referred to as "the assigned lease", to Assignee, such assignment to include all of Assignor’s right, title and interest in and to the lease and any and all improvements, fixtures and personal property upon the subject premises. The City, as the lessor, hereby consents to this assignment and the terms and conditions set forth herein, as supplemented by that certain Interlocal Agreement between Assignee and Assignor Regarding Transitional Issues dated effective August 1, 2021 1.1 Notice of Termination. The Lessor shall not terminate the Lease or make decisions that affect this Assignment without providing at least 120 day’s written notice to the Authority. 2. Fire Service In Lieu of Rent. The Parties have entered into an Interlocal Agreement for Fire Suppression Services at the Arlington Municipal Airport effective August 1, 2021 (the “Fire Service Contract”), which contemplates this assignment. In lieu of a contract payment under the Fire Service Contract, the City has agreed to provide the Assignee with an initial credit equal to the rent owed under Section 4 of the Lease, subject to the periodic review and re- evaluation provisions of the Interlocal Agreement for Fire Suppression Services at the Arlington Municipal Airport between the Parties. 3. Notice. Any notices to be provided to Assignor under the Lease shall, commencing on August 1, 2021, be given as follows: LEASE ASSIGNMENT 2 ( 27-682/sjp) North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 4. Effective Date of Assignment. This agreement shall be effective upon the City of Arlington approving the same in the form attached hereto. Assignor and their successors, administrators and assigns do covenant and agree that Assignor is the owner of said leasehold interest and improvements thereon, has good right and full authority to assign the same hereunder, and that they will warrant and defend the assignment hereby made unto assignee and its executors, administrators and assigns, against all and every person or persons claiming an adverse interest in the same. 5. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. DATED this ______ day of __________________, 2021. ASSIGNOR: ASSIGNOR AND LESSOR CITY OF ARLINGTON, a Washington Municipal corporation Washington municipal corporation By:________________________________ LEASE ASSIGNMENT 3 ( 27-682/sjp) STATE OF WASHINGTON) :ss COUNTY OF SNOHOMISH) On this _____ day of ________________, 2021, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Barbara Tolbert, to me known to be Mayor of the City of Arlington, the municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes herein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said limited liability company. GIVEN under my hand and official seal this _____ day of __________________, 2021. ___________________________________ NOTARY PUBLIC in and for the State of Washington My commission expires:________ STATE OF WASHINGTON) :ss COUNTY OF SNOHOMISH) On this _____ day of ________________, 2021, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Greg Oakes, to me known to be Board Chair of North County Regional Fire Authority, the municipal corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said limited liability company. GIVEN under my hand and official seal this _____ day of __________________, 2021. ___________________________________ NOTARY PUBLIC in and for the State of Washington My commission expires:________ MASTER BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of annexation to the North County Regional Fire Authority, and other good and valuable consideration, the City of Arlington (“City”) does hereby convey, grant, bargain sell, assign and transfer to the North County Regional Fire Authority (the “Authority”) the property identified in Exhibit A hereto as well as all fixtures, furnishings, equipment, and other personal property identified in Exhibit B or otherwise associated with the City Fire Department. In light of the significant number of individual items associated with the City Fire Department and the administrative burden of inventorying same, a comprehensive itemization is not included with this Master Bill of Sale. This assets are conveyed to the Authority “as is” and “where is” without any warranty of fitness or merchantability express or implied. The City hereby warrants that it has good and legal title to said assets and that the above assets are sold free and clear of all liens, security interests and encumbrances of any kind and nature. The City further warrants that it will defend the Authority against all claims of superior title. IN WITNESS WHEREOF, the City and Authority have hereunto set their signatures, hand and seal this ___ day of ________________, 2021. CITY OF ARLINGTON _______________________________________ Barbara Tolbert, Mayor ACCEPTED BY: NORTH COUNTY REGIONAL FIRE AUTHORITY ___________________________________ Greg Oakes, Board Chair EXHBIT A Monroe # Asset # Year Make Model Vin# Vehicle Type EXHBIT B Asset No. Description Serial Number Manufacturer Model Number POWERED, ON TRAILER 1004TG- 2008 TRAILER MOUNTED POWER 75 KW 2883 HUSKY CHAINSAW-FIRE STATION #48 82200641 HUSKY TOOLS 372XPW 2884 HUSKY CUT OFF SAW 82301213 HUSKY TOOLS K750 2925 WASHER W/STAND 8.58E+17 BOSCH WFMC5301UC/12 2926 DRYER-FIRE STATION #48 8.58E+17 BOSCH WTMC5321US/05 2931 STAIR CLIMBER 1.40E+13 NAUTILUS SM916 2932 SCHRADER BRIDGEPORT AIR COMPRESSOR-SCHADER RECUMBENT EXERCISE RECUMBENT EXERCISE SIDE BY SIDE 25 HP CENMOCII CUTTER CUTTER 2-STAGE HP 41.3 TELE STAGE HP 41.3 RESCUE TOOLS; HP HP CENS2828- HP 33' RED/BLUE HOSE W/ 2978 EZ GLIDE EVACUATION EVACUATION 3625 AED LifePak CR Plus 32924555 PHYSIO CONTROL AED LifePak CR Plus 3628 Battery Support System 2 PHYSIO CONTROL Support 2 3629 CPAP Emergency RESPIRATORY CAMERA W/ VHICLE EXTERNAL CR-T AED TERRA STAR CHASSIS DISHWASHER, FIRE 3883 Dell Rugged 7212 ESA Tablet Computer Replaces NORTH STAR AMUBLANCE MODULE VIPER 109' COMMANDER SUPER DUTY WILDLAND 4177 AFD-24 2017 Ford F-150 Pickup 1FTEW1EG5KKE24578 FORD F-150 4178 AFD-27E 2018 Dodge 3500 4X2 with North Star DODGE - 4236 SCOTT RIT PAK FAST ATTACK UNIT WITH ATTACK UNIT WITH CITY OF ARLINGTON FIRE STATION USE AGREEMENT WITH NORTH COUNTY REGIONAL FIRE AUTHORITY FOR STATION 46 THIS USE AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into this ________ day of __________, 2021 by and between the CITY OF ARLINGTON (hereinafter referred to as the “City”) and North County Regional Fire Authority (hereinafter referred to as “the Authority”). ARTICLE 1 Recitals 1.1 PRELIMINARY STATEMENT: This Agreement is made with reference to the following facts: a. The voters of the City of Arlington authorized the annexation of the City to the Authority, effective August 1, 2021; and b. The city is the owner of certain real property in Arlington, WA which has been used as fire station #46 by the City (the “Premises”). c. In order to fulfill the purposes of the Regional Fire Authority Plan for providing fire and emergency medical services to the City, this Agreement is necessary. 1.2 DEFINED TERMS: The following terms shall have the meanings specified in this article, unless otherwise specifically provided herein. Other terms may be defined in other parts of this Agreement. City: City of ARLINGTON City’s Address: 238 N. Olympic Ave., Arlington WA 98223 Authority: North County Regional Fire Authority Authority’s Address: 8117 267th St NW, Stanwood, WA 98292 Description of Premises: Fire Station 46 Description of Building: Approximately 9,161 sq. ft. of buildings located at 105-115 N Macleod Ave, Arlington, WA 98223 Use of Premises: Fire Station Exhibits: Exhibit “A” – Legal Description of Premises Exhibit “B” – Map of Premises The above-described exhibits are attached to this Agreement and by this reference are made a part hereof. ARTICLE II Premises and Term 2.1 PREMISES: In consideration of the Interlocal Agreement, the City hereby grants to the Authority exclusive use and possession of the Premises on the terms and conditions herein. 2.2 TERM: The term of this Agreement shall run from August 1, 2021 (the “Effective Date”) until (a) the end of the useful life of the building, or (b) the date the Authority advises the City the Premises are no longer required for fire and/or EMS services, whichever occurs first. ARTICLE III Charges and Utilities 3.1 USE CHARGE: No use charge shall be assessed to the Authority. The parties agree that the rights and contractual obligations assumed by the Authority as a result of annexation constitute adequate consideration for the Authority’s use and possession of the Premises. 3.2 UTILITIES AND SERVICES: The Authority shall be responsible for the cost of all utilities used on the Premises. 3.2.1 The City will ensure the availability of all utilities necessary for the use of the Premises, which shall include: water, sewer, garbage, electrical power, and telephone, date, WIFI connectivity, and cable television. ARTICLE IV Use of Premises, Condition of Property, Improvements, Removal of Property, Maintenance and Utilities 4.1 LESSEE’S USE OF THE PREMISES: The Authority shall be entitled to use the Premises solely as and for a Fire Station. 4.2 CONDITION OF PREMISES: The City leases the Premises to the Authority in an “as is” condition but warrants that there are no known latent defects with the Premises. 4.3 REMOVAL OF PERSONAL PROPERTY: If Authority fails to remove any of its personal property from the Premises within sixty (60) days of the termination of this Agreement, such property shall revert to the City and the City may dispose of all or any part of such property in any manner the City shall deem proper. 4.4 MAINTENANCE OF THE PREMISES: The Authority at its sole cost and expense shall provide the routine and normal maintenance of the Building, the Premises and all improvements thereon; provided, however, that the City shall remain liable for maintenance that constitutes “deferred maintenance” and that needs attention within the first twelve (12) months of this Agreement. The Authority shall, during the term of this agreement, at its sole cost and expense: (i) maintain and repair the structural parts of the Building which shall include, but are not limited to the foundation, bearing exterior walls, sub-flooring, and roof, and (ii) repair any defect or problem that would reasonably constitute a capital expenditure. 4.4.1. All janitorial services for cleaning the Building shall be at the expense of the Authority. The Authority shall maintain and repair the electrical, HVAC, mechanical, plumbing and sewage systems to the Building, 4.5 ALTERATIONS AND IMPROVEMENT: The Authority shall make no alterations to the buildings on the Premises or construct any building or make other improvements on the Premises without the prior, expressed, and written consent of City, which consent shall not be unreasonably withheld. All alterations, changes, and improvements built, constructed, or placed on the Premises by the Authority with the exception of fixtures removable without damage to the Premises and moveable personal property, shall, unless otherwise provided by written agreement between the Authority and City, be the property of City and remain on the Premises at the expiration or earlier termination of this Use Agreement. ARTICLE V Insurance and Financial Security 5.1 CASUALTY LOSS: The parties hereto agree that the City shall not be responsible to the Authority for any property loss or damage done to the Authority’s personal property occasioned by reason of any fire, storm or other casualty whatsoever beyond the control of the City. They City shall insure the Building for casualty loss. The Authority shall insure its personal property located on the Premises. ARTICLE VI Environmental Liability 6.1 INDEMNIFICATION FOR ENVIRONMENTAL CLAIMS: To the extent permitted by law, each party shall defend, indemnify and hold the other party harmless from any and all claims, demands, judgments, orders, or damages resulting from the release of Hazardous Substances on the Premises caused in whole or in part by the activity of the indemnifying party, its agents, employees, licenses or invitees. The term “Hazardous Substances,” as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.105D all as amended and subject to all regulations promulgated thereunder. ARTICLE VII Miscellaneous Provisions 7.1 INDEMNIFICATION AND HOLD HARMLESS: To the extent permitted by law, each party agrees to protect, save, defend, hold harmless and indemnify the other party, its officers, employees and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of accidents, injuries, or other occurrences on the Premises, occasioned by either the negligent or willful conduct of the indemnifying party, regardless of who the injured party may be. 7.2 ASSIGNMENT OF AGREEMENT: The Authority may not assign this Agreement, except to an entity who assumes the obligations of the Authority by operation of law. 7.3 TERMINATION: At the expiration of the term of this Agreement, or as may be sooner terminated pursuant this Agreement, the Authority shall quit and surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use, wear and tear excepted. 7.4 NOTICES: All notices, demands, requests, consents, and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered mail, return receipt requested, postage prepaid to: The Authority: North County Regional Fire Authority ATTN: Fire Chief 8117 267th St NW, Stanwood, WA 98292 The City: City of Arlington ATTN: City Clerk 238 N. Olympic Ave. Arlington, WA 98223 or to such other address as the foregoing parties hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 7.5 QUIET ENJOYMENT: The City covenants that the Authority shall have quiet enjoyment of the Premises during the term of this Agreement so long as the terms are complied with by Authority and subject to City’s right of entry onto the Premises as set forth herein. 7.6 LESSOR MAY ENTER PREMISES: It is agreed that the duly authorized officers or agents of City may enter to view the Premises upon at least twenty-four (24) hours written notice; provided that the City shall do so in such manner as not to materially interfere with the Authority’s normal and usual operations. 7.7 INTERPRETATION: This Agreement has been submitted to the scrutiny of the parties hereto and their counsel, if desired. In any dispute between the parties, the language of this Agreement shall in all cases be construed as a whole according to its fair meaning and not for or against either the City or the Authority solely on the basis of which party drafted the provision. If any word, clause, sentence, or combination thereof for any reason is declared by a court of law or equity to be invalid or unenforceable against one party or the other, then such finding shall in no way affect the remaining provisions of this Agreement. 7.8 GOVERNING LAW: This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington, and the parties agree that in any such action jurisdiction and venue shall lie exclusively in Snohomish County, Washington. 7.9 PREVAILING PARTY: The Authority and City hereby agree that if either party resort to litigation to enforce this Agreement, the Court in such litigation shall award reasonable costs and expense, including attorney’s fees and costs, incurred to the substantially prevailing party. 7.10 ENTIRE AGREEMENT: This Agreement and the Interlocal Agreement contain all of the understandings between the parties. Each party represents that no promises, representations or commitments have been made by the other as a basis for this Agreement which have not been reduced to writing herein and in the Interlocal Agreement. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the parties hereto. [remainder of this page blank] DATED this ____ day of _________, 2021. NORTH COUNTY REGIONAL FIRE AUTHORITY By:_____________________________ Attest: ___________________________ Greg Oakes, Board Chair Katie Casey, Secretary Approved as to form: CHMELIK SITKIN & DAVIS, P.S. Attorneys for North County Regional Fire Authority By:_____________________________ Richard A. Davis III CITY OF ARLINGTON By:_____________________________ Attest:_______________________ Barbara Tolbert, Mayor Wendy Van Der Meersche, City Clerk Approved as to form: BAILEY DUSKIN & PEIFFLE, P.S. By:_____________________________ Steven Peiffle, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me Greg Oakes and Katie Casey, to me known to be the Chairman and Board Clerk of the North County Regional Fire Authority, respectively, and on oath verified that they were authorized to execute this document on behalf of the Fire Authority for the uses and purposes therein mentioned. Given under my hand and official seal this ____day of ____________2021. ________________________________ NOTARY PUBLIC in and for the State of Washington My Commission expires:_____________ STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me Barbara Tolbert and Wendy Van Der Meersche, respectively, to me known to be the Mayor and City Clerk of the City of Arlington, and on oath verified that they were authorized to execute this document on behalf of the City for the uses and purposes therein mentioned. Given under my hand and official seal this ____day of ____________2021. ________________________________ NOTARY PUBLIC in and for the State of Washington My Commission expires:_____________ EXHIBIT “A”—LEGAL DESCRIPTION TOWN OF ARLINGTON BLK 005 D-00 - LOTS 16 THRU 20 INCL TGW VAC 2ND STLYING BTWN & ABTG BLK 2 LOT 11 & BLK 5 LOT 20 Commonly known as Snohomish County Tax Parcel No. 00378800501600 EXHIBIT “B”—MAP OF PREMISES CITY OF ARLINGTON FIRE STATION USE AGREEMENT WITH NORTH COUNTY REGIONAL FIRE AUTHORITY FOR STATION 48 THIS USE AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into this ________ day of __________, 2021 by and between the CITY OF ARLINGTON (hereinafter referred to as the “City”) and North County Regional Fire Authority (hereinafter referred to as “the Authority”). ARTICLE 1 Recitals 1.1 PRELIMINARY STATEMENT: This Agreement is made with reference to the following facts: a. The voters of the City of Arlington authorized the annexation of the City to the Authority, effective August 1, 2021; and b. The city is the owner of certain real property in Arlington, WA which has been used as fire station #48 by the City (the “Premises”). c. In order to fulfill the purposes of the Regional Fire Authority Plan for providing fire and emergency medical services to the City, this Agreement is necessary. 1.2 DEFINED TERMS: The following terms shall have the meanings specified in this article, unless otherwise specifically provided herein. Other terms may be defined in other parts of this Agreement. City: City of Arlington City’s Address: 238 N. Olympic Ave., Arlington WA 98223 Authority: North County Regional Fire Authority Authority’s Address: 8117 267th St NW, Stanwood, WA 98292 Description of Premises: Fire Station 48 Description of Building: Approximately 11,000 sq. ft. of building on leased premises located at 4228 Airport Blvd., Arlington, WA 98223 Use of Premises: Fire Station Exhibits: Exhibit “A” – Legal Description of Premises Exhibit “B” – Map of Premises Exhibit “C” – FAA Requirements The above-described exhibits are attached to this Agreement and by this reference are made a part hereof. ARTICLE II Premises and Term 2.1 PREMISES: In consideration of the Interlocal Agreement, the City hereby grants to the Authority exclusive use and possession of the Premises legally described on the attached Exhibit “A” and depicted on the attached Exhibit “B” on the terms and conditions herein. 2.2 TERM: The term of this Agreement shall run from August 1, 2021 (the “Effective Date”) until ownership of the Premises is transferred to the Authority, which the Parties hereby stipulate to be January 1, 2024. ARTICLE III Charges and Utilities 3.1 USE CHARGE: No use charge shall be assessed to the Authority. The parties estimate that annual rent will be approximately equal to the cost the Authority will incur annually to provide fire suppression services to the City Airport pursuant to the Interlocal Agreement for Fire Suppression Services at the Arlington Municipal Airport. The City and the Authority shall cooperate to make adjustments, as necessary, to achieve the goal of compensating the Authority for the actual cost of providing the Services and assuring the City Airport receives fair market value for the use of the leased property; provided, that no adjustment shall be effective unless stated in a written amendment to this Agreement in accordance with Section 7.10 below. The parties shall meet and confer on a regular basis regarding the use charge. 3.2 UTILITIES AND SERVICES: The Authority shall be responsible for the cost of all utilities used on the Premises. 3.2.1 The City will ensure the availability of all utilities necessary for the use of the Premises, which shall include: water, sewer, garbage, electrical power, and telephone, date, WIFI connectivity, and cable television. ARTICLE IV Use of Premises, Condition of Property, Improvements, Removal of Property, Maintenance and Utilities 4.1 LESSEE’S USE OF THE PREMISES: The Authority shall be entitled to use the Premises solely as and for a Fire Station. The Authority agrees that it shall not take any action which would jeopardize the tax exempt status of the City of Arlington indebtedness issued by the City in part for the construction of Station 48, including, but not limited to, by selling, transferring or conveying the Premises to any private party in any manner. 4.2 CONDITION OF PREMISES: The City leases the Premises to the Authority in an “as is” condition but warrants that there are no known latent defects with the Premises. 4.3 REMOVAL OF PERSONAL PROPERTY: If the Authority fails to remove any of its personal property from the Premises within sixty (60) days of the termination of this Deleted: Agreement, such property shall revert to the City and the City may dispose of all or any part of such property in any manner the City shall deem proper. 4.4 MAINTENANCE OF THE PREMISES: The Authority at its sole cost and expense shall provide the routine and normal maintenance of the Building, the Premises and all improvements thereon; provided, however, that the City shall remain liable for maintenance that constitutes “deferred maintenance” and that needs attention within the first twelve (12) months of this Agreement. 4.4.1. All janitorial services for cleaning the Building shall be at the expense of the Authority. The Authority shall maintain and repair the electrical, HVAC, mechanical, plumbing and sewage systems to the Building, 4.5 ALTERATIONS AND IMPROVEMENT: he Authority shall make no alterations to the buildings on the Premises or construct any building or make other improvements on the Premises without the prior, expressed, and written consent of City, which consent shall not be unreasonably withheld. All alterations, changes, and improvements built, constructed, or placed on the Premises by the Authority with the exception of fixtures removable without damage to the Premises and moveable personal property, shall, unless otherwise provided by written agreement between the Authority and City, be the property of City and remain on the Premises at the expiration or earlier termination of this Use Agreement. ARTICLE V Insurance and Financial Security 5.1 CASUALTY LOSS: The parties hereto agree that the City shall not be responsible to the Authority for any property loss or damage done to the Authority’s personal property occasioned by reason of any fire, storm or other casualty whatsoever beyond the control of the City. The City shall insure the Building for casualty loss. The Authority shall insure its personal property located on the Premises. ARTICLE VI Environmental Liability and Federal Requirements 6.1 INDEMNIFICATION FOR ENVIRONMENTAL CLAIMS: To the extent permitted by law, each party shall defend, indemnify and hold the other party harmless from any and all claims, demands, judgments, orders, or damages resulting from the release of Hazardous Substances on the Premises caused in whole or in part by the activity of the indemnifying party, its agents, employees, licenses or invitees. The term “Hazardous Substances,” as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.105D all as amended and subject to all regulations promulgated thereunder. 6.2 COMPLIANCE WITH FEDERAL AVIATION ADMINISTRATION REQUIREMENTS. The Authority agrees that it shall comply with the FAA requirements spelled out in Exhibit “C” hereto. ARTICLE VII Miscellaneous Provisions 7.1 INDEMNIFICATION AND HOLD HARMLESS: To the extent permitted by law, each party agrees to protect, save, defend, hold harmless and indemnify the other party, its officers, employees and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of accidents, injuries, or other occurrences on the Premises, occasioned by either the negligent or willful conduct of the indemnifying party, regardless of who the injured party may be. 7.2 ASSIGNMENT OF AGREEMENT: The Authority may not assign this Agreement, except to an entity who assumes the obligations of the Authority by operation of law. 7.3 TERMINATION: At the expiration of the term of this agreement, or as may be sooner terminated pursuant this Agreement, the Authority shall quit and surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use, wear and tear excepted. 7.4 NOTICES: All notices, demands, requests, consents, and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered mail, return receipt requested, postage prepaid to: The Authority: North County Regional Fire Authority ATTN: Fire Chief 8117 267th St NW, Stanwood, WA 98292 The City: City of Arlington ATTN: City Clerk 238 N. Olympic Ave. Arlington, WA 98223 or to such other address as the foregoing parties hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 7.5 QUIET ENJOYMENT: The City covenants that the Authority shall have quiet enjoyment of the Premises during the term of this Agreement so long as the terms are complied with by the Authority and subject to City’s right of entry onto the Premises as set forth herein. 7.6 LESSOR MAY ENTER PREMISES: It is agreed that the duly authorized officers or agents of City may enter to view the Premises upon at least twenty-four (24) hours written notice; provided that the City shall do so in such manner as not to materially interfere with the Authority’s normal and usual operations. 7.7 INTERPRETATION: This Agreement has been submitted to the scrutiny of the parties hereto and their counsel, if desired. In any dispute between the parties, the language of this Agreement shall in all cases be construed as a whole according to its fair meaning and not for or against either the City or the Authority solely on the basis of which party drafted the provision. If any word, clause, sentence, or combination thereof for any reason is declared by a court of law or equity to be invalid or unenforceable against one party or the other, then such finding shall in no way affect the remaining provisions of this Agreement. 7.8 GOVERNING LAW: This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Washington, and the parties agree that in any such action jurisdiction and venue shall lie exclusively in Snohomish County, Washington. 7.9 PREVAILING PARTY: The Authority and City hereby agree that if either party resort to litigation to enforce this Agreement, the Court in such litigation shall award reasonable costs and expense, including attorney’s fees and costs, incurred to the substantially prevailing party. 7.10 ENTIRE AGREEMENT: This Agreement and the Interlocal Agreement contain all of the understandings between the parties. Each party represents that no promises, representations or commitments have been made by the other as a basis for this Agreement which have not been reduced to writing herein and in the Interlocal Agreement. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the parties hereto. [remainder of this page blank] DATED this ____ day of _________, 2021. NORTH COUNTY REGIONAL FIRE AUTHORITY By:_____________________________ Attest: ___________________________ Greg Oakes, Board Chair Katie Casey, Secretary Approved as to form: Chmelik Sitkin & Davis, P.S. Attorneys for North County Regional Fire Authority By:_____________________________ Richard A. Davis III CITY OF ARLINGTON By:_____________________________ Attest:_______________________ Barbara Tolbert, Mayor Wendy Van Der Meersche, City Clerk Approved as to form: BAILEY DUSKIN & PEIFFLE, P.S. By:_____________________________ Steven Peiffle, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me Greg Oakes and Katie Casey, to me known to be the Chairman and Board Clerk of the North County Regional Fire Authority, respectively, and on oath verified that they were authorized to execute this document on behalf of the Fire Authority for the uses and purposes therein mentioned. Given under my hand and official seal this ____day of ____________2021. ________________________________ NOTARY PUBLIC in and for the State of Washington My Commission expires:_____________ STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me Barbara Tolbert and Wendy Van Der Meersche, respectively, to me known to be the Mayor and City Clerk of the City of Arlington, and on oath verified that they were authorized to execute this document on behalf of the City for the uses and purposes therein mentioned. Given under my hand and official seal this ____day of ____________2021. ________________________________ NOTARY PUBLIC in and for the State of Washington My Commission expires:_____________ EXHIBIT “A” LEGAL DESCRIPTION Commonly known as Snohomish County Tax Parcel No. ______________________ EXHIBIT “B” Map of Premises EXHIBIT “C” Federal Aviation Administration Requirements COMPLIANCE WITH FAA LEGAL REQUIREMENTS. 1. The AUTHORITY, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. 2. The AUTHORITY specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 3. Access to Records and Reports. The AUTHORITY must maintain an acceptable cost accounting system. The AUTHORITY agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or duly authorized representatives, access to any books, documents, papers, and records of the AUTHORITY which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The AUTHORITY agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 4. General Civil Rights Provisions. The AUTHORITY agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the AUTHORITY and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. 5. Title VI Solicitation Notice: The CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 6. Compliance with Nondiscrimination Requirements. During the performance of this contract, the AUTHORITY, for itself, its assignees, and successors in interest (hereinafter referred to as the “AUTHORITY”) agrees as follows: a. Compliance with Regulations: The AUTHORITY will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. b. Non-discrimination: The AUTHORITY, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The AUTHORITY will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the AUTHORITY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the AUTHORITY of the AUTHORITY’s obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. d. Information and Reports: The AUTHORITY will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of an AUTHORITY is in the exclusive possession of another who fails or refuses to furnish the information, the AUTHORITY will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of a AUTHORITY’s noncompliance with the Nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: 1. Withholding payments to the AUTHORITY under the contract until the AUTHORITY complies; and/or 2. Cancelling, terminating, or suspending a contract, in whole or in part. f. Incorporation of Provisions: The AUTHORITY will include the provisions of paragraphs 10.6(a) through 10.6(e) in every subcontract, including procurements of materials and leases of equipment, Required Contact Provisions Issued on January 29, 2016 Page 19 AIP Grants and Obligated Sponsors Airports (ARP) unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The AUTHORITY will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the AUTHORITY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the AUTHORITY may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the AUTHORITY may request the United States to enter into the litigation to protect the interests of the United States. g. The AUTHORITY for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: a. In the event facilities are constructed, maintained, or otherwise operated on the property described in this lease for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the AUTHORITY will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. b. With respect to this Lease, in the event of breach of any of the above Nondiscrimination covenants, the CITY will have the right to terminate the lease and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the lease had never been made or issued. 7. Applicable Nondiscrimination Statutes. During the performance of this contract, the AUTHORITY, for itself, its assignees, and successors in interest (hereinafter referred to as the “AUTHORITY”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 8. Texting While Driving. In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. In support of this initiative, the CITY encourages the AUTHORITY to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The AUTHORITY must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. 9. Energy Conservation Requirements. The AUTHORITY and its subcontractors agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201et seq). 10. Federal Fair Labor Standards Act. All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The AUTHORITY has full responsibility to monitor compliance to the referenced statute or regulation. The AUTHORITY must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. 11. Occupational Safety and Health Act of 1970. All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The AUTHORITY must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The AUTHORITY retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The AUTHORITY must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 12. Trade Restriction Certification. By submission of an offer, the AUTHORITY certifies that with respect to this solicitation and any resultant contract, the AUTHORITY - a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and c. has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The AUTHORITY must provide immediate written notice to the CITY if the AUTHORITY learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The AUTHORITY must require subcontractors provide immediate written notice to the AUTHORITY if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an AUTHORITY or subcontractor: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of the AUTHORITY is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The AUTHORITY agrees that it will incorporate this provision for certification without modification in in all lower tier subcontracts. The AUTHORITY may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the AUTHORITY has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the AUTHORITY or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the CITY cancellation of the contract or subcontract for default at no cost to the City or the FAA. 13. Veteran’s Preference. In the employment of labor (excluding executive, administrative, and supervisory positions), the AUTHORITY and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 14 Certification Regarding Lobbying. The AUTHORITY certifies by signing and submitting this agreement, to the best of its knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the AUTHORITY, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 15 Clean Air and Water Pollution Control. The AUTHORITY agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The AUTHORITY agrees to report any violation to the CITY immediately upon discovery. The CITY assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. 16 Certification of the AUTHORITY regarding Debarment. The AUTHORITY certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 17 Certification of the AUTHORITY regarding Tax Delinquency and Felony Convictions 1) The AUTHORITY represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The AUTHORITY represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 18 Disadvantaged Business Enterprises Provisions. The AUTHORITY shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The AUTHORITY shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation- assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the CITY deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. 19. Breach of Contract. Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. CITY will provide the AUTHORITY written notice that describes the nature of the breach and corrective actions the AUTHORITY must undertake in order to avoid termination of the contract. CITY reserves the right to withhold payments to the AUTHORITY until such time the AUTHORITY corrects the breach or the CITY elects to terminate the contract. The CITY’s notice will identify a specific date by which the AUTHORITY must correct the breach. CITY may proceed with termination of the contract if the AUTHORITY fails to correct the breach by deadline indicated in the CITY’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. INTERLOCAL AGREEMENT BETWEEN NORTH COUNTY REGIONAL FIRE AUTHORITY AND THE CITY OF ARLINGTON REGARDING TRANSITIONAL ISSUES THIS INTERLOCAL AGREEMENT (the “Agreement”) is entered into by and between NORTH COUNTY REGIONAL FIRE AUTHORITY, a Washington municipal corporation (the “Authority”) and the CITY OF ARLINGTON, a Washington municipal corporation (the “City”) on this 1st day of August, 2021. WHEREAS, the City will be annexed into the Authority pursuant to Chapter 52.26 RCW; which was approved by the voters effective August 1, 2021; WHEREAS, the City and the Authority are public agencies as defined by Chapter 39.34 RCW, and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of local communities; and WHEREAS, the parties desire to enter into this Agreement to effectuate the purposes of the RFA Plan in a seamless and efficient manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to implement the Regional Fire Authority Plan (“RFA Plan”) to ensure a smooth and seamless transition of services and responsibilities from the City to the Authority. 2. Term. This Agreement shall take effect on August 1, 2021 (the “Effective Date”). If this Agreement is ratified by the governing bodies of the Authority and the City after the Effective Date, this Agreement shall be effective retroactively as of August 1, 2021, and all acts consistent with this Agreement shall be deemed ratified by the City and the Authority. This Agreement shall remain in full force and effect until terminated by mutual agreement of the parties; provided, however, that certain provisions of this agreement may be continued beyond termination as specified by the RFA Plan, subsequent agreement, or by statute. 3. Transfer of Property and Assets. On the Effective Date, or as soon as practical thereafter, the City shall transfer to the Authority the following property, assets, and records on an “as is, where is” condition: 3.1 Real Property. The Parties shall enter into the Use Agreement for Station 46 attached hereto as Exhibit 1. The Parties shall enter into the Use Agreement for Station 48 attached hereto as Exhibit 2. The City shall transfer Station 48 along with all its fixtures, furniture, and contents to the Authority on January 1, 2024 with a Bill of Sale attached hereto as Exhibit 3 and assign the lease to the real property for Station 48 with a Lease Assignment attached hereto as Exhibit 4. NCRFA acknowledges that the Lease Assignment and Bill of Sale for Station 48 are conditioned on the use of the Premises being solely as and for a Fire Station. The Authority agrees that it shall not take any action which would jeopardize the tax exempt status of the City of Arlington indebtedness issued by the City in part for the construction of Station 48, including, but not limited to, by selling, transferring or conveying the Premises to any private party in any manner. 3.2 Fixtures, Furnishings, Equipment, Etc. All City owned fixtures, furnishings and equipment and other personal property associated with the City Fire Department shall be conveyed to the Authority via the Master Bill of Sale attached hereto as Exhibit 5 (the “Master Bill of Sale”). The executed Master Bill of Sale shall be delivered to the Authority on the Effective Date. 3.3 Vehicles and Apparatus. Each titled vehicle owned by the City shall be conveyed to the Authority via the Master Bill of Sale and a signed Certificate of Title. Such documents shall be delivered to the Authority by the Effective Date. The City shall be responsible for reporting the sale of each vehicle to the Department of Licensing. The Authority shall be responsible for applying for issuance of a new title. 3.4 Records and Materials. All reports, documents, surveys, books, records, files, papers, and electronic or written material that are owned by or in the possession of the City shall be transferred and/or made available to the Authority as provided herein. 3.5 Other Assets. It is possible that some assets relating to the provision of fire services may not have transferred pursuant to the RFA Plan. Any assets not contained within the RFA Plan shall be transferred only by separate, written agreement between the City and the Authority. 4. Payments. Pursuant to the RFA Plan, the City of Arlington will pay to NCRFA: 4.1 The unspent portion of the City’s Fire Department expenses budgeted for calendar year 2021 on the Effective Date. 4.2 A cash contribution to pay for the leave banks of those employees who are transferring to the employment of NCRFA. This amount is currently estimated at $596,304 but will be calculated as of July 31, 2021 based on leave banks existing at that time. Payment shall be made in a lump sum payment on or before December 31, 2021. 4.3 A contribution to NCRFA’s reserves in the amount of $1,000,000 on or before May 31, 2022. 5. Bonded Indebtedness for Station 48. Upon the City transferring Station 48 along with all its fixtures, furniture, and contents to the Authority on January 1, 2024 pursuant to Paragraph 3.1 above, NCRFA agrees that it shall pay to the City of Arlington, in lieu of formal assumption of the debt as contemplated by the RFA Plan, the periodic payments for the principal and ordinary interest on the bonded indebtedness issued by the City of Arlington for Station 48 (the “Bond”), and the City shall pay the Bond in a timely manner thereafter. The City shall not default on the Bond or cause the payment on the Bond to accelerate. The City shall pay any taxes, fees, penalties, accelerated principal payments, default interest, and/or other charges associated with the Bond, except to the extent caused by NCRFA’s failure to pay the City in accordance with this Agreement, in which case those charges shall be the responsibility of NCRFA. The City shall provide written notification to NCRFA by October 1 of each year of any scheduled payment on the Bond, and NCRFA shall pay the sums to the City by November 1 of each year to allow the City to make that payment in a timely manner. If NCRFA fails to make a payment in a timely manner then interest shall continue to accrue on that amount at the rate set forth in the City’s bonds. 6. Services Performed by the Authority for the City. 6.1 Fire Marshal Services. The Authority will perform fire marshal services within the City boundaries as set forth and described in the Interlocal Agreement for Fire Marshal Services attached as Exhibit 6 of this Agreement. 6.2 Fire Suppression Services at Arlington Municipal Airport. The Authority will perform fire suppression services at the Arlington Municipal Airport as set forth and described in the Interlocal Agreement for Fire Suppression Services at Arlington Municipal Airport attached as Exhibit 7 of this Agreement. 7. Assignments. The City shall, where possible, assign to the Authority any contractual agreements (including but not limited to interlocal agreements and grant agreements). A list of such contractual agreements appears on Exhibit 8 hereto (the “City Contracts”). 7.1 The City shall notify each contracting party under the City Contracts of the formation of the Authority and the fact that the Authority intends to accept an assignment from the City of such contract effective on the Effective Date. The City shall endeavor to obtain the written consent of all contracting parties in the form of a written “Assignment” acknowledging the assignment of the City’s interest in such City Contracts to the Authority effective on the Effective Date in a mutually agreeable form. Copies of such assignments shall be provided to all signatories. 7.2 In the event that the City is unable to obtain a contracting party’s consent to the assignment of any specific City Contract, the City shall notify the Authority, in which case the parties shall collaborate to find a solution that would allow the Authority to continue receiving the benefits from such City Contract. If the Authority determines that the continuation of any such contract is not in the Authority’s best interest, the City shall be solely responsible for managing and/or terminating that particular contractual relationship. 8. Further Assurances. In addition to the specific actions described herein, the parties agree to take such other actions, (e.g., payroll, records transfer, and employee benefit coordination) and to reasonably cooperate with each other to effectuate the RFA Plan and this Agreement. 9. Administration. To carry out the purposes of this Agreement, a two (2)-person committee is hereby created to administer this Agreement ("Committee"). The Committee shall consist of the Mayor or his or her designee of the City and the Fire Chief for the Authority, or his or her designees. The Committee shall meet no less than one (1) time per year to discuss the performance of the obligations of the City and the Authority pursuant to this Agreement; provided that either member of the Committee may call additional meetings as deemed appropriate. The Committee may develop policies and procedures to aid in the implementation of this Agreement. Unless otherwise specified in this Agreement, all decisions of the Committee must be unanimous. The Committee may mutually agree to variations to the procedural and administrative aspects of implementing this Agreement without approval by the parties' governing bodies, but only to the extent such variations are consistent with the RFA Plan and do not materially increase the cost of either party to administer this Agreement or materially decrease the revenues received by either party. 10. Record Retention and Public Records Act Requests. Inasmuch as all City records are being transferred to the Authority, the Authority shall be responsible for maintaining such records in accordance with applicable records retention requirements, including Chapter 40.14 RCW, and the Washington State Public Records Act, Chapter 42.56 RCW. 10.1 The City shall be solely responsible for responding to Public Records Requests received by the City that involve public records generated related to the subject matter of this Agreement; provided, however, that the Authority shall assist, as necessary, in locating responsive records necessary for the City to fulfill its statutory duties under RCW 42.56. 10.2 The Authority shall be solely responsible for responding to Public Records Requests received by the Authority that involve public records generated related to the subject matter of this Agreement; provided, however, that the City shall cooperate, as necessary, in providing records necessary for the Authority to fulfil its statutory duties under RCW 42.56. 11. Dispute Resolution. 11.1 Mediation. If the parties are unable to resolve a dispute, then upon a request by either party to mediate, the parties shall mutually agree upon a mediator. If the Authority and City cannot agree upon a disinterested mediator within ten (10) business days after such request, the City and the Authority shall submit the matter to the Judicial Arbitration and Mediation Service (JAMS) and request that a mediator be appointed. This requirement to mediate the dispute may only be waived by mutual written agreement and is a prerequisite to binding arbitration. Except for unusual reasons beyond the reasonable control of either party, the mediation shall be completed within ninety (90) days after the mediator is selected. Any expenses incidental to mediation, including the mediator’s fee, shall be borne equally by the City and the Authority. 11.2 Arbitration. If the City and the Authority are unsuccessful in resolving any dispute during mediation, either party may demand binding arbitration as provided herein. 11.2.1 The arbitration shall be conducted by JAMS in Seattle, Washington, or other mutually agreeable dispute resolution service. The dispute shall be governed by the selected arbitration service’s Streamlined Arbitration Rules and Procedures. The parties shall agree on a JAMS, or other, arbitrator with twenty (20) days from the date the matter is submitted to JAMS or other dispute resolution service. In the event that the parties fail to agree on an arbitrator within such time, then JAMS or the other dispute resolution service shall be asked to submit the names of at least three arbitrators. Each party shall have ten (10) days after receiving the list to strike one name from that list. JAMS or the other dispute resolution service shall select the arbitrator from the names on the list that have not been struck by either party. The parties may agree on another arbitrator in JAMS or other dispute resolution service or another person at any time. In the event that JAMS is unable or unwilling to provide an arbitrator and the parties cannot otherwise agree, then either party may request the Snohomish County Superior Court to designate an arbitrator. 11.2.2 The decision of the arbitrator shall be final and binding upon both parties, subject only to the right of appeal as provided in Chapter 7.04A RCW; provided, however, that in arriving at such decision, neither of the parties nor the arbitrator shall have the authority to alter this Agreement in whole or in part. 11.2.3 The arbitrator cannot order either party to take action contrary to law. 11.2.4 Each party shall be responsible for its own costs incurred in the arbitration. The cost of the arbitrator shall be shared equally. 11.2.5 Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive, and final remedy to or for either party for any dispute regarding this Agreement, and its interpretation, application, or breach, regardless of whether the dispute is based in contract, tort, any violation of federal law, state statute or local ordinance or for any breach of administrative rule or regulation and regardless of the amount or type of relief demanded. 12. Miscellaneous. 12.1 Exhibits. The attached Exhibits are adopted and incorporated into this Agreement by this reference. 12.2 Authority Responsible for Compliance with Laws. Although the City has annexed into the RFA for purposes of fire protection and emergency medical services, it is recognized that the Authority is a stand-alone and independent legal entity completely separate in all purposes from that of the City. Except as otherwise provided for in this Agreement, the Authority shall be solely legally responsible for all conduct and services provided by the Authority. 12.3 City and Authority are Independent Municipal Governments. The parties recognize and agree that they are independent governments. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically, and without limiting the foregoing, the Authority shall have the sole discretion and the obligation to determine the exact method by which the Services are provided to the City. 12.4 Conflicts with RFA Plan. This Agreement is intended to implement the RFA Plan. In the event of a conflict between the terms of this Agreement and the RFA Plan, the RFA Plan shall control. 12.5 Non-Waiver. No waiver of any act or omission shall operate as a waiver of any past or future default, or to deprive a party of its right to terminate this Agreement, or be construed to prevent a party from promptly exercising any other right or remedy it has under this Agreement. 12.6 Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be in writing addressed to the other party at the addresses as follows: North County Regional Fire Authority Attention: Fire Chief 8117 267th St NW Stanwood, WA 98292 City of Arlington Attention: Mayor 238 N Olympic Avenue Arlington, WA 98223 or such address as may have been specified by notifying the other party of the change of address. Notice shall be deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if mailed with the United States Postal Service by certified mail, return receipt requested. 12.7 Drafting. Each party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which party drafted a particular provision. 12.8 Survival. All obligations of either party as provided for in this Agreement shall not cease upon the termination of this Agreement and shall continue as obligations until fully performed. All clauses of this Agreement which require performance beyond the termination date shall survive the termination date of this Agreement. 12.9 Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. 12.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 12.11 Calendar Days. The word "days" as used in this Agreement shall mean calendar days unless the context otherwise specifically provides that business days are intended. 12.12 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. 12.13 Entire Agreement. This Agreement contains all of the understandings between the parties. Each party represents that no promises, representations, or commitments have been made by the other as a basis for this Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon either party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement executed with all necessary legal formalities by the respective commissions of the City and the Authority. 12.14 Amendments. This Agreement may only be amended or modified by a written agreement approved and authorized by the legislative authority of each party. NORTH COUNTY REGIONAL FIRE AUTHORITY Greg Oakes, Commissioner Judy Williams, Commissioner Ric Cade, Commissioner Rob Johnson, Commissioner Larry Longley, Commissioner Janet Iverson, Commissioner ATTEST: CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST: Wendy Van Der Meersche, City Clerk EXHIBIT 1 [Use Agreement for Station 46] EXHIBIT 2 [Use Agreement for Station 48] EXHIBIT 3 [Bill of Sale for Station 48] EXHIBIT 4 [Assignment of Lease for Station 48] EXHIBIT 5 [Master Bill of Sale] EXHIBIT 6 [Interlocal Agreement for Fire Marshall Services] EXHIBIT 7 [Interlocal Agreement for Fire Suppression Services at Arlington Municipal Airport] EXHIBIT 8 Agreement to Be Assigned by the City 1/1/2019 Interlocal Agreement for Emergency Medical Services Protection District No. 19 2 Medical Services Agreement Regarding 2019-2022 Services Protection District No. 21 3 Medical Services Protection District No. 25 4 Protection District No. 21 5 Services Division 6 Provision of Fire Investigation Services 7 Chaplain and Support Services 8 9 10 County Regional Public Safety Communications Agency Interlocal Agreement City of Arlington Council Agenda Bill Item: WS #3 Attachment C parcel, and remained as such with hopes to repurpose the structure for some type of community use, but the economics of bringing the structure up to building code and ADA accessibility were not feasible. Over the next 17 years the buildings fell into greater disrepair and in 2017, with the recommendation of the PARC Commission, the City Council voted to surplus the property and apply the proceeds from the sale to York House Demolition Budget Estimate Total Estimate $55,200.00 City of Arlington Council Agenda Bill Item: WS #4 Attachment D approximately 10 years, the City’s membranes are currently two years past this estimated service life. The City and BHC conducted an analysis of membrane replacement technologies and have concluded that the most cost effective alternative for membrane replacement is to replace the existing membranes City of Arlington Public Works Memo To: City Council From: James Kelly, PE Cc: Ryan Morrison, Tom Giese Date: June 23, 2021 Re: Arlington Water Reclamation Facility Membrane Replacement Sole Source Justification The existing membrane bioreactor (MBR) process at the City of Arlington Water Reclamation Facility (WRF) was placed into operation in 2010. It consists of six MBRs of which four are currently in use, the remaining two MBRs will become operational as needed by growth. Per the manufacture Kubota, flat plate membranes were expected to have a service life of approximately 10 years, the City’s membranes are currently two years past this estimated service life. The City recently experienced issues with high turbidity permeate from Membrane Tank No. 2, this typically indicates likely membrane failures in the MBR tank. In September 2020 the membrane manufacturer, Kubota, conducted tensile strength testing at the site. Results indicate that the existing membranes are nearing the end or their service li fe after 11 years of operation (please see attached Kubota report). Given the test results, observations, and expected life span, the City has decided to replace all existing membranes in the four active membrane tanks. The City plans to replace membranes in Membrane Tank No. 2 in 2021 as an earlier and separate endeavor to address current issues. Therefore, Phase 1 of the replacement will involve Membrane Tank No. 2 in 2021 and Phase 2 of the replacement will involve replacement of membranes for MBR Tanks No. 1, 3, and 4 in 2022. The City and our consultant, BHC, have reviewed three types of membrane technologies for the replacement program: hollow fiber membranes, flat plate membranes, and ceramic membranes. Factors considered when reviewing membrane te chnology options included compatibility with the current WRF system setup, space requirements, operations and maintenance requirements, and cost. Each alternative has advantages and disadvantages that was considered as p art of the evaluation process, the advantages and disadvantages are presented in the below table: Sole Source Memorandum Flat Plate Membrane Replacement June 23, 2021  Page 2 Alternative Advantages Disadvantages Alternative #1 – Hollow Fiber Membranes  Low Energy  Membrane Space efficient for large installations >5 MGD  Cost effective for large installations  Not Cost Effective for small plants  Membranes damaged easily  System is somewhat complicated  Cannot operate with high MLSS  Shortest service life at 5 – 7 years Alternative #2 – Flat Plate Membranes (CURRENT TYPE IN USE)  Currently used; staff familiar with operation  Can be Low Energy  Cost effective for medium installations 0.5-5 MGD  Service life is at least 10 years  Not Cost Effective for small plants  Membranes damaged easily  Membrane cannot be backwashed  Cannot operate with low MLSS Alternative #3 – Ceramic Membranes  High mechanical strength and high reliability  Stable performance with fluctuating raw water quality. High turbidity conditions like high rainfall do not compromise the filtration performance.  Long service life (up to 15 years or more)  Eco-friendly. The membrane can be reused as a ceramic material after use  Energy-saving: low power consumption.  High cost  surface area/volume ratio is low so systems have larger dimensions  High weight  Brittle and must be handled with care The main points of the analysis are as follows: • The membranes at end of their useful life by age and per testing, so replacement is required. • The original MBR plant design intent was to replace membranes in kind. • Kubota membranes have performed well and exceeded their expected life. • Staff has gained a lot of knowledge and familiarity with Kubota membanes. • Hollow fiber membranes (e.g., Zenon) would require changing equipment (e.g., change to air actuated valves, change permeate pumps, etc.) and installation of additional equipment (e.g., backpulse tank, air compressor, etc.) in addition to new membranes, such that both cost prohibitive and space prohibitive. Sole Source Memorandum Flat Plate Membrane Replacement June 23, 2021  Page 3 • Flat sheet (e.g., Microdyn-Nadir) and ceramic membranes (e.g., Ovivo ceramic membranes) are expected to require less system changes. The potential savings in membrane replacement cost would be offset by necessary equipment and programming costs. For these reasons, it is recommended that the current MBR membranes be replaced with in kind with Kubota flat plate membranes. KUBOTA Membrane USA Corporation 11807 North Creek Pkwy S. Suite B-109 Bothell, WA 98072 Phone: 425-898-2858 Fax: 425-898-2853 Arlington, WA TENSILE STRENGTH TEST RESULTS 1. Background The Arlington WWTP membrane cartridges were taken for the inspection on September 2020. A tensile strength test was conducted on the membrane welded seam at 9/24/2020. 2. Tensile Strength test The Membranes are exposed to severe vibration caused by aeration while in service. Even though the membranes have a robust design, extended operation can cause fatigue deterioration at the membrane’s welded seam, nozzle and membrane supporting panel. This fatigue can be accelerated by excessive aeration, diffuser clogging and localized dewatering between the membrane cartridges. Also, at the end of membrane life time, the strength at the membrane’s welded seam will start to deteriorate. The tensile strength test measures the influence of fatigue deterioration on membrane sheet caused by vibration. Membrane sheet is cut into strips as shown in Fig.1 and pulled with digital force gauge. The new membrane will have strength in between 100 and 120N/20mm. If the strength is higher than 60N/20mm, the plant can continue to use the membrane. If the strength is in between 40 to 60N/20mm, the plant should start considering the replacement budget. If the strength is less than 40N/20mm, the replacement should happen ASAP. Test result and criteria are shown in figure 1. The weakest part of the membrane is classified as level B where the strength is in between 40 to 60N/20mm, and this indicates that the membrane is getting close to the end of life time. Table 1 Criteria of Tensile Test Strength Level More than 60 A Between 40 to 60 B Less than 40 C Level A: Good. Level B: Degraded. Level C: Poor. To be replaced soon.. KUBOTA Membrane USA Corporation 11807 North Creek Pkwy S. Suite B-109 Bothell, WA 98072 Phone: 425-898-2858 Fax: 425-898-2853 Figure 1 Tensile strength (Sep. 2020) Figure 2 Sample Location KUBOTA Membrane USA Corporation 11807 North Creek Pkwy S. Suite B-109 Bothell, WA 98072 Phone: 425-898-2858 Fax: 425-898-2853 Table 2 Tensile strength [N/20mm] Ｎ/20mm Sample No. 1 2 Membrane Lot No. 9B?????? 9B310290 Remarks #1 #2 Measured Area Front Back Front Back 1 87.6 81.7 81.5 64.5 2 81.8 74.4 83.3 71.4 3 91.2 74.0 82.7 76.9 4 85.5 81.7 91.0 78.2 5 83.9 75.6 83.7 75.9 6 79.8 80.1 75.8 72.0 7 70.5 65.7 74.1 72.6 8 67.9 60.9 61.4 61.8 9 73.0 60.1 72.6 62.9 10 78.0 64.8 71.2 67.5 11 75.8 70.1 80.6 63.8 12 83.3 74.0 80.5 69.8 13 56.5 65.1 47.9 48.2 14 49.1 59.5 43.0 42.4 15 51.4 53.0 47.3 42.6 A B KUBOTA Membrane USA Corporation 11807 North Creek Pkwy S. Suite B-109 Bothell, WA 98072 Phone: 425-898-2858 Fax: 425-898-2853 JUNE 23, 2021 James X. Kelly, PE City of Arlington RE: Kubota Membrane USA Status as Sole Source Vendor Mr. Kelly, This letter is to confirm that Kubota Membrane USA is a sole source provider for all Kubota Membrane units and associated component parts. The membrane units and individual pieces and accessories are manufactured, sold and distributed exclusively by the Kubota Corporation through their direct U.S. subsidiary Kubota Membrane USA. There are no agents, licensees, or dealers authorized to sell these products, and no other company has any right to make a similar product meeting the intent of the originally installed equipment. Due to the specific design criteria existing at the Arlington Water Reclamation Facility, there are no other items or products available for purchase available from other membrane suppliers that would serve the same purpose or function. The use of membranes other than those currently installed would likely result in required modifications to other systems such as permeate control, membrane air scour system, and membrane clean in place system. Sincerely, Diego Ayala Diego Ayala President Kubota Membrane USA Corporation KUBOTA Membrane USA Corporation 11807 North Creek Parkway S., Unit B-109 Bothell, WA 98011 Date:6/4/2021 Tel:425-898-2858, Fax: 425-898-2853 Quatation No.KMUHK21-017 DDP Delivery Term:12 weeks confirmed upon purchase order Valid through Item Description Qty Unit Price Currency Amount 1 Upper Membrane Cassette MRM200 13 25,000.00 USD $325,000.00 2 Lower Membrane Cassette MRW200 13 25,000.00 USD $325,000.00 3 Diffuser Case 13 3,000.00 USD $39,000.00 4 Freight 1 27,900.00 USD $27,900.00 Product Warranty 5 Year $716,900.00 Issued by:Date:6/4/2021 Hiro Kuge Technology & Regional Sales Manager Authorized by:Date:6/4/2021 Diego Ayala President sign:Customer PO name:Note: * The quotation is presented with KMU's T&C. With customer's signature and/or with PO#, this form may serve as an order confirmation. Customer Acceptance: Attn: Mr. James Kelly City of Arlington Arlington Water Reclamation Facility The entire content of this Quotation is governed by the General Terms & Conditions of Kubota Membrane USA Corporation and/or Kubota Corpation. Tax: Applicable Sales/Local tax may apply pending Exempt confirmation(TBD).Customers are responsible for all unloading.If a lift gate or pallet jack is required, please advise upon order and KMU may be able to provide for an added cost. QUOTATION Dear valued customer, In compliance with your inquiry mentioned below, we are pleased to quote you as follows. Payment Terms:Trade Terms: Net 30 Arlington WA 90 Days TOTAL PRICE (TAX EXCLUDED) Messrs/Customer :Ship To: KUBOTA Membrane USA Corporation GENERAL TERMS & CONDITIONS 1. Precedence of Terms. These general terms and conditions shall apply to this Contract, except that provisions set forth on the face hereof shall take precedence over any inconsistent or contrary provisions set forth in these General Terms and Conditions. No conditions contrary to or in addition to those set forth in this General Terms and Conditions shall be binding upon the Seller unless expressly approved in writing by Seller. Performance by Seller shall not be construed as accepting any different or additional terms. 2. Quality and Quantity. Seller shall not be responsible for any damage to or deterioration in the quality or loss in weight or units of the Goods during transit or due to natural causes. 3. Shipment. Shipment within the time stipulated on the face hereto shall be subject to the availability of vessel’s space. In case FCA or FOB INCOTERMS apply to this Contract and Buyer fails to obtain space in time to fulfill the stipulated shipment date, Buyer shall be responsible for all costs, expenses and damages resulting directly or indirectly therefrom, including, without limitation, all increases in freight and insurance charges, losses, and other damages incurred by Seller prior to or after such failure by Buyer. The date of the Bill of Lading or the Waybill shall be conclusive evidence of the shipment date. 4. Risk of Loss and Transfer of Title. Risk of loss or damage to the Goods shall pass from Seller to Buyer in accordance with the INCOTERMS set forth on face hereof. Title to and the right to possess the Goods shall pass from the Seller to the Buyer at the same time when the risk of loss or damage to the Goods is passed to the Buyer as stipulated above, however, that the title to and the right to possess the Goods are to be retained by Seller until Seller has received the full contract amount due to Seller pursuant to this Contract. 5. Payment. Payment by Buyer to Seller under this Contract shall be made by means of telegraphic transfer in immediately available funds to such bank account as designated by Seller or a confirmed, irrevocable, without recourse documentary letter of credit, in favor of Seller and with terms any satisfactory to Seller. If Buyer desires to pay Seller by means of a letter of credit, the letter of credit shall (i) cover the full contract amount (ii) be established through a prime-bank immediately after the date of this Contract, (iii) be negotiable on sight draft, and (iv) be valid for negotiation against the relative draft for at least fifteen (15) days after the end of the last month in which the Goods are shipped. The letter of credit shall authorize reimbursement to Seller for any expenses incurred by Seller on account of Buyer pursuant hereto, and shall authorize partial payment against partial delivery. Any bank charges arising in connection with payment hereunder shall be borne by Buyer. If Buyer fails to satisfy any payment terms of this Contract, Seller at its sole discretion and at Buyer’s expense and risk may resell all or any part of the Goods on account of Buyer, hold all or any part of the Goods on account of Buyer, cancel all or any part of this Contract and/or claim any damages resulting from such breach. In the event of late payment of any amount due hereunder, Seller shall, in addition to any other remedy it may have hereunder or pursuant to applicable law, be entitled to receive interest at the maximum rate allowed by law in the country/state of Buyer or eighteen percent (18%) per annum, whichever is greater, on such late payment until payment is received in full. 6. Increased Costs. Any new, additional or increased freight rates, surcharges (bunker, currency, congestion or other surcharges), taxes, customs duties, export or import surcharges or other governmental charges, or insurance premiums, which may be incurred by Seller with respect to the Goods after the date of this Contract, shall be for the account of Buyer and shall be reimbursed to Seller by Buyer within a reasonable time on demand. 7. Force Majeure. Seller shall not be liable for failure or delay to perform its obligations hereunder due to any reason including, but not limited to, acts of God, earthquake, fire, flood, prohibition of exportation, refusal to issue export license, war, blockade, revolution, insurrection, civil commotion, riots, mobilization, strikes, lockout, plague, other epidemics, pandemics, or any other causes beyond the control of Seller, and may, at its option, extend the time of shipment or delivery of the Goods or terminate unconditionally and without liability of this Contract to the extent so affected or prevented. 8. Cancellation. If Buyer fails to carry out any of the terms of this and/or any other contract with Seller, or in the event of the death, bankruptcy or insolvency of Buyer, liquidation, modification or reorganization of the corporate structure of Buyer, or nonpayment for any shipment, Seller shall have the right to cancel this and/or any other contract with Buyer or to postpone the shipment, or to stop the Goods in transit, and Buyer shall indemnify, defend and hold Seller harmless from all losses, costs, and expenses resulting from Seller taking any such actions. 9. Intellectual Property Rights. Buyer shall defend, indemnify and hold Seller harmless from any and all liability, loss or expense (including reasonable attorneys fees) arising from or in connection with any actual or alleged infringement of any patent, trademark, copyright, industrial design, registered pattern, trade secret or other similar intellectual property rights used or owned by Seller. 10. Liability of Agent. If this Contract is signed by an agent or on behalf of a principal as Buyer hereunder, whether the principal is disclosed or otherwise, the agent shall be liable not only as agent but also as principal for the performance of the obligations of Buyer under this Contract. This provision shall not affect Buyer’s obligation as principal under this Contract. January 2012 11. Construction. The meanings of the terms UCPDC or INCOTERMS, when used in this Contract shall be determined in accordance with the Uniform Customs and Practice for Documentary Credit (“UCPDC”) and Incoterms® (“INCOTERMS”) adopted by the International Chamber of Commerce in effect on the date of this Contract. This Contract shall be governed by the laws of the state of Washington, USA without giving effect to any conflicts of laws principles. This Contract shall not be governed by the United Nations Contracts for the International Sales of Goods, the application of which is expressly excluded. 12. Inspection. Unless otherwise stated on the face of this Contract, any export inspections by Japanese authorities, Seller’s suppliers or Seller shall be considered as final. When Buyer requires special inspection by an independently appointed inspector, Buyer shall inform Seller in writing the details of such special inspection including without limitation the name of such inspector at the time of this Contract. Such especial inspection shall be made promptly upon delivery of the Goods but in any event within two (2) weeks after delivery of the Goods, and all inspection fees and costs therefor shall be borne by Buyer. 13. Warranty. Seller warrants that any Goods delivered hereunder are free from defects in material and workmanship and, if Seller’s specifications are set forth or incorporated by reference on the face hereof, or separately provided to Buyer, will meet such Seller’s specifications. Unless otherwise specified in Seller’s warranty statement set forth or incorporated by reference on the face hereof, or separately provided to Buyer, Seller’s liability under this warranty is limited to repair or replacement of any Goods delivered hereunder that do not conform to this warranty. Buyer shall not be entitled to any remedy for lack of conformity of the Goods, including latent defects, under this warranty if he fails to notify Seller thereof within a six months period commencing on the shipment date of the Goods (and if there are more than one shipment dates, the first shipment date). Such notification shall contain full particulars of such lack of conformity of the Goods to the Seller’s reasonable satisfaction. Notwithstanding anything herein contained to the contrary, Seller shall have no liability under this warranty i) for minor deviations from Seller’s specifications (if applicable) that do not affect the performance of the Goods, or ii) for any lack of conformity of the Goods caused by misuse, neglect, improper installation, handling, operation, or maintenance, repair, alteration, fair wear and tear, erosion or corrosion, or accident, including any damage or loss of the whole or a part of the Goods that occurs after the shipment date. 14. Limitation of Liability. EXCEPT AS EXPRESSLY STATED IN SECTION 13, SELLER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESS, IMPLIED OR STATUTORY (EXCEPT AS TO TITLE) INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER IMPLIED WARRANTIES UNDER ANY APPLICABLE LAWS, RULES OR REGULATIONS. SECTION 13 SETS FORTH THE FULL EXTENT OF SELLER’S LIABILITY TO BUYER OR ANY OTHER PARTY FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE GOODS. NOTHWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, SELLER’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTORY OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE FULL CONTRACT AMOUNT OF GOODS STATED ON THE FACE HEREOF. SELLER SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, NONDELIVERY, STORAGE, USE, MAINTENANCE, CONDITION OR POSSESSION OF THE GOODS 15. Arbitration. All disputes or controversies which may arise between the parties hereto, out of or in relation to or in connection with this Contract, shall be negotiated in good faith and settled by agreement between both parties as promptly as possible. If not amicably settled within 14 days after the first negotiation day, such disputes or controversies shall be settled by arbitration in Seattle, Washington by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection, and judgment on the award rendered by the arbitrators shall be final and binding and may be entered in any court having jurisdiction thereof. All arbitration proceedings shall be held in the English language. 16. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, USA, for both domestic and international sales contract. All buyers agree that jurisdiction and venue shall be Seattle, Washington State. RESOLUTION 2021-XXX 1 RESOLUTION NO. 2021-0XX A RESOLUTION OF THE CITY OF ARLINGTON TO WAIVE BIDDING REQUIREMENTS FOR THE PURCHASE AND OR REPLACEMENT OF THE MBR MEMBRANES FOR USE BY THE CITY OF ARLINGTON WASTEWATER DEPARTMENT WHEREAS, the City of Arlington Wastewater Department treats wastewater for all of its customers; and WHEREAS, the Wastewater Treatment Plant operates a membrane bio-reactor for the treatment and processing of wastewater, and the membrane bio-reactor system uses Kubota flat plate membranes; and WHEREAS, the Wastewater Treatment Plant membrane bio-reactor was specifically designed and programmed to operate with Kubota flat plate membranes and substitution with any other type membrane would require significant engineering and retrofit; and WHEREAS, RCW 35.23.352(9) permits the waiving of bidding requirements for the purchase of materials which are clearly and legitimately limited to a single source of supply or services which are subject to special market conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, as follows: Section 1: The City Council of the City of Arlington finds that replacing the Water Reclamation Facility membranes with the make and model of membrane originally designed or the Water Reclamation Facility is in the best interest of the City and its citizens and thus clearly limits the City of Arlington to a single source of supply, justifying the waiver of competitive bidding requirements. Section 2: The City Council of the City of Arlington hereby waives the bidding requirements for the purchase of membranes for use by the City of Arlington Wastewater Department and authorizes sole source purchasing from Kubota Membrane USA. Section 3: This resolution will be effective for three (3) years from the date of adoption. RESOLUTION 2021-XXX 2 APPROVED by the Mayor and City Council of the City of Arlington this _____day of July, 2021. CITY OF ARLINGTON _________________________ Barbara Tolbert, Mayor ATTEST: _____________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _____________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: June 28, 2021 SUBJECT: Request for additional funding for network equipment from outcome of network assessment. ATTACHMENTS: Network assessment results and proposal for network switching replacement. DEPARTMENT OF ORIGIN IT; Bryan Terry, Director 360-403-4610 EXPENDITURES REQUESTED: $30,346.87 BUDGET CATEGORY: Program Development BUDGETED AMOUNT: None – Additional costs above budgeted amount LEGAL REVIEW: DESCRIPTION: Council is asked to consider the replacement of network switching as an outcome of the network assessment that was performed earlier this year. HISTORY: City Council approved a formal network assessment earlier this year. The outcome of that assessment was to replace some existing switching to avoid a bottleneck situation when deploying redundant server/storage at the Public Works building. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. At the July 6, 2021 Council meeting, the recommended motion will be, “I move to approve the budget amendment for network equipment in the amount of $30,346.87” City of Arlington Network Assessment June 8th, 2021 Prepared by: RSI Professional Services CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services Table of Contents Summary .......................................................................................................................................... 3 Overview .......................................................................................................................................... 3 Network Assessment ....................................................................................................................... 3 Section 1: Hardware Overview & Recommendations .................................................................................. 3 End of Life Status ....................................................................................................................................... 3 Hardware & Topology ............................................................................................................................... 4 Section 2: Configuration Review & Recommendations ................................................................................ 5 Contact Information ......................................................................................................................... 7 Glossary ........................................................................................................................................... 7 CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services Summary City of Arlington has asked Right! Systems, Inc. (RSI) review the network configurations of their switching infrastructure and provide any recommendations based on current best practices. This assessment includes evaluation of switch hardware, logical design, and configuration. Overview The City of Arlington network switching infrastructure focused on during this assessment consists of Aruba/HP switches of 3 general model types. The assessment performed by the RSI engineer encompassed the switches located within the City of Arlington network based on IP information provided by Adam (CoA). This assessment did not look at the Sonicwall firewall utilized within the network as it is actively apart of a firewall replacement project by another engineer. Network Assessment RSI has broken this portion of the review into two (2) sections: Hardware Health & Current Status and Configuration Review & Recommendations against current best practices. For the logical design, configurations from all devices were taken to understand configuration details and network device relationships. Section 1: Hardware Overview & Recommendations A review of switching hardware was performed with the intent of determining the current health and potential risks to the City of Arlington network. Based on this review, the following comments and recommendations are provided: End of Life Status • J9148/J4146A models with PoE+ standards for the 2910 series were announced as End of Sale May 31,2014 and end of support May 31, 2019. These switches make up ~80% of the IDF layer switches. • J8692A/J8963A models with PoE+ standards for the 3500 series were announced as End of Sale June 30, 2014 and end of support June 30, 2019. These switches make up ~15% of the IDF layer switches. o While they are covered by a lifetime warranty through a 3rd party, the devices owned by City of Arlington are not entitled to software/firmware updates from HPE and are in violation of the Software EULA and Hardware Warranty agreement (included in document package). The HPE Warranty clearly states the following: TRANSFER OF HEWLETT PACKARD ENTERPRISE NETWORKINGHARDWARE PRODUCTS TO ANY THIRD PARTY OTHER THAN THE ORIGINAL BONA FIDE END USER VOIDS THE HEWLETT PACKARD ENTERPRISE NETWORKINGPRODUCT WARRANTY TO THE FULLEST EXTENT ALLOWED BY LAW • RECOMMENDATIONS: o Discontinue purchasing “Gray Market” hardware that is not covered by manufacturer warranty CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services o Invest in modern network hardware that includes active firmware development for patching of security vulnerabilities and software defects, as well as “official” hardware replacement and warranty services from the manufacturer Hardware & Topology • Core Site Nutanix Deployment and Remote Site Backups o As City of Arlington is pursuing best practices, bringing the current core switching up to recommended best practices and having a remote site backup to help protect critical data in event of a catastrophic failure is strongly recommended. • RECOMMENDATIONS: o Utilize similar hardware for your server and storage design. As Nutanix is already used in the City of Arlington environment, this would be a favorable option for a back up location for a hyper converged environment. o For switching hardware, the following recommendations are based off the following objectives; provide redundancy, maintain uptime, and avoid risks of catastrophic failure with the Nutanix hyper converge environment in the event of a single switch failure:  Recommended hardware build - 2x Aruba 6300M – 24 Port SFP+ & Aruba 6300M – 24 Port PoE+ Multi-Gigabit • Pair of Aruba 6300M SFP+ switches for core deployment to align to best practices o Recommended redundant power supplies, rack mount kit, and DAC cables for backplane capacity • A minimum of one (1) Aruba 6300M for auxiliary site to ensure ability to recover from critical failures and comply with best practices o Recommended redundant power supplies and rack mount kit • For these deployments, 4 SFP+ transceiver modules will be required for the Aruba switches; J9151E model LC SFPs are suggested.  This is the current generation of switching, running the latest CX OS version, and currently should provide the greatest longevity. • Device Modularity o The majority of switches currently deployed do not offer field-replaceable, redundant power supplies. Should the integrated power supply in the switch fail, the switch would remain offline until a replacement device could be procured and installed. Modern switches offer modular power supplies that are field-replaceable allowing the failed part to be serviced without having to completely replace the switch o The majority of the access-layer switches deployed today do not have dedicated stacking interfaces or backplane, meaning they consume standard interfaces on each switch to form a logical stack with less capacity. Newer switches offer dedicated stacking interfaces that allow for faster interconnect speeds between switch members in a stack, and do not consume standard interfaces on the switch to build the stack, allowing for higher port utilization for end devices and infrastructure connections as well as simpler management. • RECOMMENDATIONS: CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services o When replacing failed or end of life hardware, purchase hardware that includes dedicated stacking interfaces, field-replaceable power supplies, and high-speed uplink interfaces • Uplink Performance o The majority of connections uplinking from each access-layer switch back to the network core are 1Gig uplinks currently. Most client devices today support speeds greater than 100mbps for both their wired and wireless performance. With these kinds of speeds coming from clients, uplink congestion can quickly become a limiting factor.  Exceptions are COAPWSW3930 (Public Works Admin Bldg) & COAWOSW3386 (Water Office) which have 10G uplinks connecting them to the core switch stack. • RECOMMENDATIONS: o AT A MINIMUM - redundant uplinks where possible are strongly encouraged to help with resiliency and further increased capacity with link aggregation. o Where possible, upgrade uplink speed from 1Gig to 10Gig from IDF switches back to the 5406 core switches, and ensure the connections are redundant between two core switches. Not only does this design allow for fault tolerance, but increases the overall traffic capacity, reducing or eliminating the potential uplink bottleneck. Section 2: Configuration Review & Recommendations • A number of best practices are already in place and configured correctly o LLDP, STP, VSF (for the core), and static routes are summarized as best as they can be at this time. Telnet is disabled, VLAN naming scheme is easy to understand, and the configurations are kept simple across switches in their design. • RECOMMENDATIONS: o LDAP integration for authentication to network switches  Allows for the creation of a service account to be used which can be managed by AD. Should a need to change the password access to those switches come up, one can simply change the credentials for a single user in AD instead of local credentials for each device.  Auditability of who did what, and when becomes much easier when leveraging AAA via LDAP, Radius or TACACS o Network segmentation between different site locations  A good practice for environments with multiple sites is to segment out the networks to avoid having single networks cover a larger geographical area. For example, assigning a /16 network to City Hall and breaking it down into separate /24 networks for each type of VLAN (management, voice, data, wireless, etc.). This process being repeated at each location allowing for more granular control and isolation within the network.  Transitioning to a distributed/segmented network that leverages Layer 3 (routing) to connect each remote facility adds a layer of protection against Spanning Tree events, where a simple misconfiguration or accidental cabling loop can bring down the whole network. When leveraging routed links between CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services locations, any spanning tree event is isolated to the remote facility, and is unable to impact the rest of the network o General configuration cleanup and optimization  There are configuration elements that can be removed from devices as they are configured, but not in use. This adds the risk of future unexpected behaviors to occur during configuration changes. An example of this is on the core switch, 10.1.1.6, RIP is configured and enabled, but not actually peering with another device at this time.  Securing unused interfaces by putting them in a disabled/down state  Creating and applying a ‘black hole’ vlan to unused interfaces,  Update the interface descriptions to ‘UNUSED’ or ‘AVAILABLE’ o Network Access Control for wired and wireless users  Being able to prevent and control unauthorized access to network services is a critical component to overall network security. The previous recommendations are building blocks for Network Access Control (NAC). This technology controls access to the network based on information gathered from the device. If the device/user is a known employee, the user is granted more access to the network. If the user/device is unknown, then either the user is granted no access, or only access to the Internet. CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services Contact Information Name Title Phone # Email Project Role Reilly Aiden Network Engineer 360.561.5900 reilly.aiden@rightsys.com Network Assessor Glossary Broadcast Domain A broadcast domain is a logical division of a computer network, in which all nodes can reach each other by broadcast at the data link layer. A broadcast domain can be within the same LAN segment or it can be bridged to other LAN segments. (see VLAN) CIDR (notation) – Classless Inter-Domain Routing A method and syntax for defining network subnet sizes. CIDR allows for the division of classful supernets into smaller subnets. CIDR notation is typically expressed by using “/xx” where “xx” is the routing prefix. For example, the subnet mask 255.255.255.0 is expressed in CIDR notation by /24. CLI – Command Line Interface A CLI is a blanket term used to describe any hardware/software interface that uses only text. CoS – Class of Service Class of service is a parameter used in data and voice protocols to differentiate the types of payloads contained in the packet being transmitted. The objective of such differentiation is generally associated with assigning priorities to the data payload. CoS is a layer-2 concept. (see QoS) IDF – Individual Distribution Frame A network room in a building that primarily provides access connections. Typically, an IDF will only make a remote connection to a BDF or MDF. Interface, Routed A Routed Interface operates on layer-3 of the OSI model and is used to communicate between diverse IP subnets. By design, a routed interface cannot forward broadcast. In order to forward multicast traffic, a multicast routing protocol (like PIM) must be configured. Interface, Switched A Switched Interface operates on layer-2 of the OSI model and is used to communicate between hosts on the same IP subnet(s). By design, a switched interface cannot route traffic between diverse IP subnets. It should be noted that on a network switch, a layer-3 interface could be assigned to a VLAN that is in turn assigned to physical ports. In this case, the physical ports are still switched interfaces, with a logical routed interface. LACP – Link Aggregation Control Protocol LACP provides a method for LAG connections to dynamically add and remove physical link members without additional configuration or service interruption. LAG – Link Aggregation Group A protocol standard that allows one or more equal-speed physical network links to act as a single logical CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services link. When multiple physical links and a control protocol is used (see LACP), LAG provides a logical link with improved speed (the sum of the speeds of the physical links) and resiliency (the logical link will continue to function so long as a single physical link is functioning). It should be noted that while the overall speed is the sum of the LAG member links, that the bandwidth of any single session will still be limited to the speed of an individual link. That is to say that a 4Gb/s LAG formed from 4 1Gb/s links will still have a single session speed limit of 1Gb/s. So you get a bonded interface of (X)Gbe with LAG. But any single session will only ride a single link connection until transmission is completed between that host and destination. So no one host or session has the full total bandwidth of all the links in the LAG combined. “(X)” GB connection, only the bandwidth of a single link with in the LAG. LAN – Local Area Network A network that interconnects multiple hosts in the same geographical area. Typically, a LAN will utilize private addresses (see “Private Address Space”) and not include service provider connections. Layer-1 In reference to the network OSI model, layer-1 (physical layer) is where physical network connections are made. Wires, pins, voltage, modulation, etc… Layer-2 In reference to the network OSI model, layer-2 (data link layer) is where two hosts that are connected via layer-1 establish a communication link. This layer is responsible for the interface between the host and the raw data transmitted over layer-1, as well as error checking and packet synchronization. VLAN’s define layer-2 segments, also known as broadcast domains. Layer-3 In reference to the network OSI model, layer-3 (network layer) provides the communication means between two hosts on the same network. Layer-3 is where the IP address is defined. NAC – Network Access Control NAC describes a suite of policy-based detection and remediation tools used to secure an enterprise network. PoE – Power over Ethernet PoE is defined by the 802.3af and 802.3at IEEE protocol standards and defines how network devices deliver power over network cabling network clients. The amount of power delivered depends on the infrastructure device and can range from 15.4 watts to 25.5 watts. QoS – Quality of Service In networking terms, QoS refers to the design and implementation of switch configuration that defines traffic prioritization metrics. Typically, QoS is used to identify and give preference to traffic that is susceptible to latency (the length of time it takes to reach a destination), packet loss (the loss of packets due to connection or performance issues), and jitter (the variance in latency). Susceptible traffic includes voice and video services. Redundancy As a network concept, redundancy is a duplication of hardware meant to provide continuous service in the event of hardware failure. Depending on the hardware, the duplicate unit may be in an active or standby state. CITY OF ARLINGTON NETWORK ASSESSMENT | RSI Professional Services Resiliency As a network concept, resiliency is the ability of a network to dynamically heal in the event of a hardware failure, outage, or other network event. Resiliency is achieved through appropriate network design and the implementation of dynamic routing protocols. Route Engineering Route engineering is the process of manipulating traffic paths to achieve specific goals. The process of route engineering involves identifying objectives, then creating rules and filters to direct network traffic in specific, predictable ways. This typically includes automatic and manual path selection methods. In many cases, route engineering is used to send specific traffic on a path that a dynamic protocol would typically not select. SSH – Secure Shell A network protocol used for encrypted terminal access to various hosts. STP – Spanning-Tree Protocol In modern networks, STP is a term used to describe any layer-2 loop prevention protocol based on spanning-tree concepts. Basic spanning-tree uses information packets called Bridge Protocol Data Units (BPDU’s) to identify and block network loops. Many variations of the spanning-tree protocol exist, including Multiple Spanning-Tree (MST), Per-VLAN Spanning-Tree (PVST and PVST+), and Rapid Spanning-Tree Protocol (RSTP). Telnet A network protocol used for unencrypted terminal access. VLAN – Virtual Local Area Network (See “802.1q”) VoIP – Voice over IP This term refers to a bevy of technologies developed to facilitate bi-directional voice and multimedia communications over IP networks. This term is typically used to describe digital phone systems and the supporting software that operates them. Q U O T E Right! Systems, Inc.Date 06/14/21 Quote #RSIQ55716-0411911 NE Ist Street SalesRep Suite 212 Carrie Sovde (206) 271-8866 Prepared ByBellevue, WA 98005 Shinji Carmichael (503) 972-2641Phone:(206) 271-8866 Customer Contact Bryan Terry (360) 403-4610Notesbterry@arlingtonwa.gov Customer Bill To Ship To City of Arlington Administration City of Arlington Administration City of Arlington Administration Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States Terms:Ship Via: NET 30 Ground Special Instructions:Description: NASPO Datacom Contract AR3228, WA Contract # 05819 HPE Switching - Nutanix Cluster Deployment #Description Part #Qty Unit Price Ext. Price 1 Nutanix Cluster - HPE Aruba 6300M - 24 Port SFP+ 2 2 $8,527.53 $17,055.06HPE Aruba 6300M - Switch - L3 - managed - 24 x 1 Gigabit / 10 Gigabit SFP+ + 4 x 1 Gigabit / 10 Gigabit / 25 Gigabit / 50 Gigabit SFP56 (uplink / stacking) - front and side to back - rack-mountable JL658A 3 4 $247.16 $988.64HPE Aruba X371 - Power supply - hot-plug / redundant - AC 100-240 V - 250 Watt - United States - PDU Power Cord JL085A#B2B 4 2 $109.29 $218.58Aruba X414 1U Universal 4-post Rack Mount Kit J9583B 5 2 $119.76 $239.52HPE Aruba Direct Attach Cable - 25GBase direct attach cable - SFP28 to SFP28 - 2 ft JL487A 6 2 $154.63 $309.26HPE Aruba Central Device Management - Subscription license (5 years) - 1 token - hosted - ESD JY927AAE 7 $18,811.06 SubTotal 8 Intermediary Site - HPE Aruba 6300M - 24 Port PoE+ mGig 9 1 $6,726.15 $6,726.15HPE Aruba 6300M - Switch - L3 - managed - 24 x 1/2.5/5/10GBase-T + 4 x 1 Gigabit / 10 Gigabit / 25 Gigabit / 50 Gigabit SFP56 (uplink / stacking) - front and side to back - rack-mountable - PoE+ (1440 W) JL660A 10 2 $375.74 $751.48HPE Aruba X372 - Power supply - hot-plug / redundant (plug-in module) - AC 100-240 V - 680 Watt - United States - PDU Power Cord JL086A#B2B 11 1 $109.29 $109.29Aruba X414 1U Universal 4-post Rack Mount Kit J9583B 12 1 $154.63 $154.63HPE Aruba Central Device Management - Subscription license (5 years) - 1 token - hosted - ESD JY927AAE 13 $7,741.55 SubTotal Sub Total $26,552.61 06/14/21 © 2015-2021 Right! Systems Inc.Page Jared Luther v03.032217 Opportunity #:97930 Reference #N/A 1 of 2 #Description Part #Qty Unit Price Ext. Price Authorized Signature Title Date By signing and dating the above referenced quote, customer authorizes purchase and agrees to Right! Systems terms and conditions. Terms and Conditions Right! Systems Inc. Standard Terms and Conditions apply. Terms are N30 OAC. Applicable sales tax and freight are excluded and will be calculated at the time of shipping unless specifically requested. Pricing is valid until the end of each month and pricing may be subject to change. All returns are subject to authorization and will be subject to a 15% restocking fee. A copy of our standard Terms and Conditions may be requested by contacting 1-800-571-1717. 06/14/21 © 2015-2021 Right! Systems Inc.Page Jared Luther v03.032217 Opportunity #:97930 Reference #N/A 2 of 2 Q U O T E Right! Systems, Inc.Date 06/08/21 Quote #RSIQ55980-0111911 NE Ist Street SalesRep Suite 212 Carrie Sovde (206) 271-8866 Prepared ByBellevue, WA 98005 Shinji Carmichael (503) 972-2641Phone:(206) 271-8866 Customer Contact Bryan Terry (360) 403-4610Notesbterry@arlingtonwa.gov Customer Bill To Ship To City of Arlington Administration City of Arlington Administration City of Arlington Administration Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States Terms:Ship Via: NET 30 Ground Special Instructions:Description: Axiom LR Transceivers for HPE Aruba #Description Part #Qty Unit Price Ext. Price 1 4 $309.39 $1,237.56Axiom J9151E-AX - SFP+ transceiver module (equivalent to: Aruba J9151E) - 10 GigE - 10GBase-LR - LC single-mode - up to 6.2 miles - 1310 nm J9151E-AX Sub Total $1,237.56 Authorized Signature Title Date By signing and dating the above referenced quote, customer authorizes purchase and agrees to Right! Systems terms and conditions. Terms and Conditions Right! Systems Inc. Standard Terms and Conditions apply. Terms are N30 OAC. Applicable sales tax and freight are excluded and will be calculated at the time of shipping unless specifically requested. Pricing is valid until the end of each month and pricing may be subject to change. All returns are subject to authorization and will be subject to a 15% restocking fee. A copy of our standard Terms and Conditions may be requested by contacting 1-800-571-1717. 06/08/21 © 2015-2021 Right! Systems Inc.Page Shinji Carmichael v03.032217 Opportunity #:98293 Reference #n/a 1 of 1 City of Arlington Council Agenda Bill Item: WS #6 Attachment F city doors by using a proximity card that can be issued to employees though a central management console. In addition the Police department will have access to all cameras though their smartphones for investigation purposes. The system also has a lockdown function in the event of an active shooter situation. Breakdown of expenditures requested: Public Works - $87,006.64 Verkada Access Control: Public Works & Water Plant Statement of Work Prepared for: City of Arlington May 11, 2021 ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 2 EXECUTIVE SUMMARY Since 1993, Right! Systems, Inc. has provided business-driven, multi-vendor IT solutions to clients worldwide. Drawing on deep industry expertise and a portfolio of interrelated consulting, application, and infrastructure services, our solutions can help you gain control of your enterprise-wide technology, increase productivity and end-user satisfaction, refocus talent and energies on your core business, and decrease total cost of ownership. Our ability to provide solutions that adapt to our customers ’ ever-changing markets begins with a collaborative effort that allows you to seamlessly integrate technologies to meet your changing needs. As a leading technology services company and a comprehensive provider of consulting, integration, procurement and support services, Right! Systems professionals are there every step of the way. We work directly with you to provide insightful analysis and industry -specific counsel on strategy, best-practices, technology and management; from the design stage through implementation and beyond you can be sure we have a solution that will work for you. PROJECT OBJECTIVE City of Arlington has asked Right! Systems, Inc. (RSI) for a proposal of services, in the for m of a Statement of Work (SOW), to provide labor and materials for the installation of a Verkada Access Control System at the Arlington Public Works and Water Plant facilities. This Statement of Work (“SOW”) is hereby entered between Right! Systems, Inc. (RSI), and City of Arlington (Customer). Farwest Technologies Inc. shall deliver the outlined Services and Deliverables to City of Arlington on behalf of Right Systems, Inc. At the conclusion of this engagement, City of Arlington and RSI will meet to discuss any next steps and future engagements. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 3 PROJECT SCOPE The following section defines the stages, activities, and deliverables associated with this project. STAGE 1 ACTIVITIES / DELIVERABLES Access Control: Public Works Facility Expected Activities: • Cabling and Pathways: o Install one (1) 22/6 and one (1) 18/2 access control cable from the MDF to each new card reader location Each cable will be home run and supported to local code o FWT will need to install Panduit surface mount raceways at certain doors due to not being able to access within the walls or ceiling spaces FWT will do their best to follow building lines to ensure the surface raceway is as hidden as possible o FWT will need to install surface mount raceways at the rear of the building to get cabling down under the stairs FWT to dig a pathway from the stairs to the rear gate location • Door Devices: o Provide and install one (1) new (City of Arlington provided) HID card reader at each identified controlled door FWT has identified six (6) locations Please see the attached drawing identifying each access- controlled door o Install locking hardware at each door FWT will be utilizing a sub-contractor door hardware company to provide and install all locking hardware Connect the card reader to the locking hardware • Head End: o Install two (2) Verkada door controlle rs within the MDF o Install one (1) power supply for door control o Wire in all new door access control cables to the controller and power supplies o FWT will utilize the existing power outlet within the MDF for power to the power supplies and Verkada panels • System Setup: o Provide system start up support to RSI and City of Arlington o Ensure all doors are functioning properly • Miscellaneous: o FWT and RSI will provide: Misc. consumables, access control cable, request to exit devices, door contacts, push to exit buttons and power supplies as needed A completed electrical low voltage permit Record drawings upon completion showing each access control location and corresponding numbers Full time project management for the duration of the project Connections to the existing fire alarm panel as needed ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 4 STAGE 2 ACTIVITIES / DELIVERABLES Access Control: Water Plant Facility Expected Activities: • Cabling and Pathway’s: o Install one (1) 22/6 and one (1) 18/2 access control cable from the MDF/IDF to each new card reader location Each cable will be home run and supported to local code o FWT will need to install Panduit surface mount raceways at certain doors due to not being able to access within the walls or ceiling spaces FWT will do their best to follow building lines to ensure the surface raceway is as hidden as possible • Door Devices: o Provide and install one (1) new HID card reader at each identified controlled door FWT has identified six (6) locations Please see the attached drawing identifying each access- controlled door o Install locking hardware at each door FWT will be utilizing a sub-contractor door hardware company to provide and install all locking hardware Connect the card reader to the locking hardware • Head End: o Install Verkada door controllers within each MDF/IDF room o Install power supplies for door control o Wire in all new door access control cables to the controller and power supplies o FWT will utilize the existing power outlet within the MDF for power to the power supplies and Verkada panels • System Setup: o Provide system start up support to RSI and City of Arlington o Ensure all doors are functioning properly • Miscellaneous: o FWT will provide Misc. consumables, access control cable, request to exit devices, door contacts, push to exit buttons and power supplies as needed A completed electrical low voltage permit. Record drawings upon completion showing each access control location and corresponding numbers Full time project management for the duration of the project Connections to the existing fire alarm panel as needed ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 5 STAGE 3 ACTIVITIES / DELIVERABLES Cameras: Public Works and Water Plant Facilities Expected Activities: • Cabling and Pathway’s: o Install one (1) Cat6 plenum rated cable from the corresponding telecom room to each new camera location Cat6 outdoor rated cable will be used for any cabling traveling through outdoor conduit runs FWT has identified five (5) camera locations requiring new cabling Each cable will be home run and supported to local code Terminate, label, and test each cable being installed Install conduit raceway at camera locations where applicable o FWT will repurpose the existing network cabling at the remaining four (4) camera locations FWT assumes all camera cables are terminated, labeled, and tested for use • Cameras: o Install one (1) new camera at each identified camera location FWT has identified nine (9) locations Please see the attached drawing identifying each camera location Install wall mount brackets at all exterior cameras Camera models are as follows: • Eight (8) CD51-E • One (1) CD61-E • Head End: o Patch in each camera into the City of Arlington n etwork within each telecom room • System Setup: o Provide system start up support to RSI and City of Arlington o Compete a final field of view for each camera approved by the City of Arlington • Miscellaneous: o FWT will provide: A completed electrical low voltage permit Record drawings upon completion showing each camera location and corresponding numbers Full time project management for the duration of the project o FWT has included a scissor lift within this proposal ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 6 CUSTOMER REQUIREMENTS The following section defines the customer requisites needed at or prior to the start of this engagement. This list of requirements may expand based on discovery during the kickoff meeting and planning stage, as well as the ongoing work detail ed in the project scope. CUSTOMER REQUIREMENTS Prerequisites • Customer to provide all necessary keys, badging, and/or personnel needed to gain access throughout customer premises • Customer shall provide one (1) host workstation/server pc meeting the minimum requirements for system software o FWT will provide minimum requirements documentation for each software suite • Customer shall provide minimum one (1) LAN & WAN network connection for each of the following systems: o Access Control Any technologies or deliverables other than those specifically noted in the project scope of this SOW are not included as part of this engagement. Activities listed in the project scope are subject to change as needed only to complete the explicit deliverables for each stage. For clarification purposes, some technologies that are out of scope for this engagement include, but are not limited to: CUSTOMER REQUIREMENTS Out of Scope • Power circuits for customer provided/installed equipment • Training on the access control and camera system to be completed by Verkada staff • Sleeves between floors, sleeves within fire-rated walls, floor penetrations, and envelope penetrations • Purchase and installation of all Verkada Access Control head end and field devices • Connections to the City of Arlington network • Final access control credentials being transferred from the existing system to the new system • Gates, gate operators, and overhead roll-up doors • Vehicle detection loops, safety photo-eyes, and other vehicle detection devices • Elevator travelling cable with adequate conductors, elevator machine room connections and terminations, and elevator cab device installations • General contractor related work, such as framing, painting, patching, roofing, scaffolding, etc. • Hazardous material identification, abatement, or removal ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 7 The general assumptions listed below apply to this engagement unless specifically contradicted in the Project Purpose or Project Scope above. CUSTOMER REQUIREMENTS General Assumptions • City of Arlington may need to provide RSI with access to their offices, a convenient place to work, network connectivity and internet access while onsite. • Sufficient power, cooling, rack space, and cabling is required for any hardware related to this engagement and is the sole responsibility of City of Arlington. • Hardware, software, or licensing needed for the solutions being deployed or upgraded in the environment is the sole responsibility of City of Arlington. • Administrative-level permissions for particular hardware or software components of the environment may need to be provided to RSI for the duration of this engagement. • Service-impacting activities may require maintenance windows for scheduled downtimes. • City of Arlington resources will need to be available as requested by RSI team members. Technical support from the provider of any hardware or software related to this engagement may be required, both during and after business hours. • RSI is not responsible for any hardware or software failures not caused directly or indirectly by RSI negligence or willful misconduct during this project which could potentially cause the schedule for project completion to be delayed. RSI may submit a Change Order to readjust the cost of this agreement based on the circumstances. • Project estimates do not include time or costs associated with hardware or software-related support incidents not caused directly or indirectly by RSI’s negligence or willful misconduct. Those incidents that result in RSI needing to open a vendor -related issue on behalf of City of Arlington may be viewed as a Change Order to this agreement and will required a Change order to be executed RSI may need to pause the project until the Change Order is fully executed by both parties. • Expected Activities in the scope define a framework of activities for this engagement and are subject to minor alterations to effectively complete the project deliverables for each stage ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 8 CHANGE MANAGEMENT PROCESS This statement of work may be amended upon agreement of both RSI and City of Arlington and the execution of a modification to the statement of work (Change Order). Both RSI and City of Arlington may request a Change Order to effect a change to the Project. All requests for a Change Order shall be made in writing to the other party. If the requested Change Order results in a deviation to the activities or deliverables, both RSI and City of Arlington may agree to an adjustment of the price, as applicable, and as referenced in the Change Order. For services that do not affect the material effort to complete a stage of work, RSI will strive to complete these efforts without a Change Order if they do not impact the schedule or completion of a particular stage of the project. RSI will consider a Change Order necessary for reasons including, but not limited to, the following: An identified prerequisite is not complete Any prerequisites identified in this statement of work or subsequent discussions with City of Arlington that are not complete prior to the start of this engagement (or particular stage of this engagement where those prerequisites are necessary) may require a change in schedule and Change Order to accommodate the time lost as a result of the prerequisite (s) not being met. The engagement cannot continue or complete If, during the project activities, RSI determines the project cannot continue without a Change Order, or can continue, but cannot complete without a Change Order, RSI will attempt in good faith to immediately reach City of Arlington to discuss the impact and potential Change Order. Any delays in execution of a Change Order to address an activity or deliverable needed to continue or complete the project may result in scheduling delays. Architectural or environmental conditions not previously identified are a common reason for this potential Change Order. Additional services warranted If either RSI or City of Arlington identify additional services outside the Project Scope that do not materially affect the successful completion of this project, but are needed or wanted by City of Arlington, a Change Order or new statement of work may be requested by either party. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 9 PROJECT TEAM Project Engineer(s) The role of the Project Engineer is to plan and lead day -to-day project activities, making adjustments as needed during the progression of the work described in the project scope. Common Project Engineer tasks include, but are not limited to: • Performing daily activities that deliver the project scope. • Implementation of all technical solutions put forth in this SOW. • Creation and development of project documentation deliverables. • Leading meetings necessary for project deliverables • Technical review of progress with the team. Project Architect A Right! Systems Project Architect may be assigned to the project to assist with the technical accuracy of project deliverables. The Project Architect may oversee, review, and validate all technical details, participate in kickoff meetings, and work with the Project Engineer during any planning and design stages. Specific Project Architect tasks may include, but are not limited to: • Providing technical thought leadership to the team to ensure successful delivery of the project scope. • Review of service-related documentation and implementation of the project. • Orchestrate the technical efforts to deliver a comprehensive solution. Note: Project Architect activities will be conducted in a remote capacity Project Manager / Project Coordinator/Project Integrator RSI will assign a Project Manager (“PM”) or Project Coordinator (“PC”) or Project Integrator (“PI”) to act as a single point of contact for City of Arlington, for the management of the services set forth in this SOW. The PM/PC/PI employs formal project management techniques and methodologies based on best practice and industry standards. Project management tasks may include, but are not limited to: • Acting as the single point of contact and accountability for successful delivery of this Statement of Work, maintaining a focus on time, cost, and scope. • Coordination of kick-off, status, and closure meetings. • Establishing and managing the services schedule, deliverables, and status reporting . • Confirmation of delivered milestones and services in accordance with this SOW . • Obtaining service completion and project sign-off from City of Arlington. Note: PM/PC/PI activities will be conducted primarily in a remote capacity ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 10 PROJECT PRICING Based on the requirements gathered from City of Arlington and work plan detailed in the project scope section of this Statement of Work, the following represents the fixed pricing related to this project. ENGAGEMENT PRICE Verkada Access Control: Public Works and Water Plant $50,810.00 If additional work is required to complete any activities or deliverables not defined in this scope of work, an executed change order will be required. Pricing put forth in this SOW is based on normal working hours of Monday through Friday, 8:00 AM – 5:00 PM, with after-hours, weekend, and holiday rates taken into consideration as appropriate for specific portions of the engagement. Scheduled dates for performance of the services detailed within will be determined as part of the project kickoff. City of Arlington acknowledges that RSI will confirm scheduling only upon receiving this signed, executed agreement, and an accompanying purchase order if required . Scheduling for qualified resources may require up to six (6) weeks lead time, and any changes or delays to the schedule by City of Arlington will require additional lead time. Pricing does not include any associated costs for hardware, software, licensing, or materials directly or indirectly related to this engagement. TRAVEL AND EXPENSE In the event that RSI is required or requested to travel during this project it is expected and agreed to that City of Arlington will reimburse RSI as described in the Terms and Conditions section below. T&E ESTIMATE OF COST Estimate No travel cost estimated for this engagement ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 11 TERMS AND CONDITIONS 1. PURPOSE AND MEANING OF SIGNATURES City of Arlington signature on this document indicates that City of Arlington agrees that the content, terms, conditions, and deliverables contained herein accurately reflect the services required by City of Arlington. City of Arlington decision to purchase the services described will be based on this document in its entirety. RSI signature on this document indicate that RSI’s obligation to undertake the services as defined in this Statement of Work, in the time frames described herein effective as of the date of City of Arlington decision to purchase and providing that City of Arlington provides appropriate purchase/payment commitments. 2. WARRANTIES RSI Warranties. RSI represents and warrants that (a) RSI has the power and authority to enter into and perform its obligations under this Agreement, and (b) RSI’s Services under this Agreement shall be performed in a workmanlike manner in accordance with the highest standards of quality, shall conform strictly to the requirements as set forth in this agreement, and shall be fit for their intended uses. RSI shall take all reasonable precautions to protect the equipment and data of City of Arlington against loss, damage, theft or disappearance while in the care, custody, or control of RSI, its representatives, agents, and subcontractors. City of Arlington Warranties. City of Arlington represents and warrants that it has the power and authority to enter into and perform its obligations under this Agreement. Disclaimer of Warranty. Except for the limited warranty set forth previously, RSI makes no warranties hereunder, and RSI expressly disclaims all other warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. 3. INVOICING AND PAYMENT Payment. All invoices are to be paid to RSI in net 30 days. In addition, RSI and City of Arlington mutually agree to a progressive invoicing schedule on weekly or bi-weekly basis. If City of Arlington requires a purchase order to process payments, please provide a purchase order number during signature of this agreement. Late Payment. City of Arlington shall pay to RSI all undisputed fees within 30 days of the date of the applicable RSI invoice. If City of Arlington fails to pay any undisputed fees within 30 days from the date of an invoice, where applicable, late charges of 1.5% per month or the maximum allowable under applicable law shall also become payable by City of Arlington to RSI. In addition, failure of City of Arlington to fully pay any undisputed fees within forty-five 45 days after the applicable due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by RSI, and will be sufficient cause for immediate termination of this Agreement by RSI. Any such suspension does not relieve City of Arlington from paying past undisputed due fees plus interest and in the event of collection enforcement, City of Arlington shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys’ fees, court costs and collection agency fees. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 12 Taxes. In any case or jurisdiction where RSI is required to charge tax for services provided pursuant to this Agreement, RSI shall invoice to and collect from City of Arlington, and remit, such sales tax. Each party shall be responsible for any other taxes assessed against it. 4. TRAVEL AND EXPENSE In the event that RSI is required or requested to travel during this project, it is expected and agreed upon that City of Arlington will reimburse RSI for any necessary travel expenses. All expenses for reimbursement will be documented and provided to City of Arlington. These expenses may include airfare, rental car, parking, ground transportation, tolls, travel time, meals, and lodging. 5. NO HIRE During the course of this project and for a period of twelve months following the conclusion of this SOW, City of Arlington shall not directly or indirectly hire, solicit, or encourage RSI employees or contractors to leave the employment of RSI in an effort to gain employment with City of Arlington. 6. CONFIDENTIAL INFORMATION Each party agrees that during the course of this Agreement, information that is confidential or reasonably understood to be proprietary, trade secret or similar designation due to its nature and circumstances of disclosure, may be disclosed to the other Party, including, but not limited to, software, technology, technical processes and formulas, source codes, business and product plans, email, voicemail, wireless communications, firewalls, passwords and other business, personal, or unique identifiers (“Confidential Information”). Confidential Information shall not include information that the receiving Party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving Part y, (b) was known to the receiving Party as of the time of its disclosure, (c) is independently developed by the receiving Party, or (d) is subsequently learned from a third party not under a confidentiality obligation to the providing Party. Except as pro vided for in this Agreement, each Party shall not make any disclosure of the Confidential Information to anyone other than its employees who have a need to know in connection with this Agreement. Each Party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligations of each Party and its employees shall survive the expiration or termination of this Agreement. N either party shall disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the other party. Any press release or publication regarding this Agreement is subject to prior review and written approval of the parties. 7. LICENSE AND PROPRIETARY RIGHTS Proprietary Rights of City of Arlington. As between City of Arlington and RSI, City of Arlington information shall remain the sole and exclusive property of City of Arlington, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. City of Arlington hereby grants to RSI a non-exclusive, worldwide, royalty-free license for the duration of this Agreement to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use City of Arlington information as necessary to render the Services to City of Arlington under this Agreement. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 13 Proprietary Rights of RSI. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by RSI or its suppliers under this Agreement, and any know-how, methodologies, equipment, or processes used by RSI to provide the Services to City of Arlington, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively “RSI Materials”) shall remain the sole and exclusive property of RSI or its suppliers. To the extent, if any, that ownership of the RSI Materials does not automatically vest in RSI by virtue of this Agreement or otherwise, City of Arlington hereby transfers and assigns to RSI all rights, title and interest which City of Arlington may have in and to the RSI Materials. City of Arlington acknowledges and agrees that RSI is in the business of providing network protection services, and that RSI shall have the right to provide t o third parties’ services which are the same or similar to the Services, and to use or otherwise exploit any RSI Materials in providing such services. 8. INDEMNIFICATION Both parties agree to indemnify, defend, and hold harmless the other party, its directors, officers, affiliates, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys, fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of the indemnifying party’s representations, warranties, or agreements hereunder; (ii) arises out of the indemnifying party’s negligence or willful misconduct; or (iii) hereunder results or arises from a party’s violation of the law or any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. Notice: In claiming any indemnification hereunder, the indemnified Party shall promptly provide the indemnifying party with written notice of any claim which the indemnified party believes falls within the scope of the foregoing paragraphs. The indemnified party may, at its own expense, assist in the defense if it so chooses, provided that the indemnifying Party shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement inten ded to bind the indemnified Party shall not be final without the indemnified Party’s written consent, which shall not be unreasonably withheld. 9. LIMITATION OF LIABILITY Except for instances of RSI negligence or willful misconduct, RSI shall have no liabilit y for unauthorized access to, or alteration, theft or destruction of, City of Arlington data files, programs or information through accident, fraudulent means, or devices. Neither party shall have liability for consequential, exemplary, special, incidental, or punitive damages even if RSI has been advised of the possibility of such damages. Except for instances of RSI negligence or willful misconduct, the liability of RSI to City of Arlington for any reason and upon any cause of action shall be limited to the amount actually paid to RSI by City of Arlington under this Agreement during the four (4) months immediately preceding the date on which such claim occurred. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 14 10. TERMINATION AND RENEWAL Term. This Agreement shall be effective when signed by the Parties and thereafter shall remain in effect for ninety (90) days or until the completion of this service engagement, unless earlier terminated as otherwise provided in this Agreement. Termination. Either party may terminate this Agreement if a bankruptcy proceeding is instituted against the other Party which is acquiesced in and not dismissed within sixty (60) days, or results in an adjudication of bankruptcy, or the other Party materially breaches any of its representations, warranties or obligations under this Agreement, and such breach is not cured within ten (10) days of receipt of notice specifying the breach. Either party may terminate this Agreement at any time and for any reason by providing written notice of termination to the other party and a pro rata portion of the fees will be paid to RSI for Services not yet rendered on the date of termination. Termination and Payment. Upon any termination or expiration of this Agreement, City of Arlington shall pay all unpaid and outstanding fees through the effective date of termination or expiration of this Agreement. 11. MISCELLANEOUS Entire Agreement. This Agreement and attached Schedules constitute the entire agreement between City of Arlington and RSI with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement. Cooperation. The Parties acknowledge and agree that successful completion of the Services shall require the full and mutual good faith cooperation of each of the Parties. Independent Contractors. RSI and its personnel, in performance of this Agreement, are acting as independent contractors and not employees or agents of City of Arlington. Amendments. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the Party against which such amendment, change, waiver, or discharge is sought to be enforced. Customer Identification. RSI may use the name of and identify City of Arlington as an RSI Customer in advertising, publicity, or similar materials distributed or displayed to prospective RSI Customers. Force Majeure. Except for the payment of fees by City of Arlington, if the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either Party, that Party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. Washington Law. This Agreement shall be governed in all respects by the laws of the State of Washington without regard to its conflict of law’s provisions, and City of Arlington and RSI agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be the: appropriate state or federal court located in the City of Seattle, and City of Arlington and RSI hereby submit to the jurisdiction of such courts. Assignment. Both parties shall not assign, without the prior written consent of the other party, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part, whether by ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 15 assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be deemed a material breach of this Agreement. Waiver. The waiver of failure of either Party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. Severability. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Counterparts. This Agreement may be executed in several counterparts, all of which taken together shall constitute the entire agreement between the Parties hereto. Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. Approvals and Similar Actions. Where agreement, approval, acceptance, consent or similar action by either Party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. Survival. All provisions of this Agreement relating to City of Arlington warranties, confidentiality, non- disclosure, proprietary rights, and limitation of liability, City of Arlington indemnification obligations, and payment obligations shall survive the termination or expiration of this Agreement. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 16 PROJECT AGREEMENT The signatures below indicate that Right! Systems, Inc. and City of Arlington agree to the scope as provided, and all terms and conditions detailed in this Statement of Work. If a City of Arlington purchase order number is required for invoicing by Right! Syst ems, Inc., City of Arlington agrees to provide purchase order number and/or copy of purchase order with signed Statement of Work. CUSTOMER PO: ______________________ If no customer PO is provided, RSI will use the following PO for invoicing purposes : OPP97320 This Statement of Work is valid for signature 30 days from May 11, 2021. City of Arlington Right! Systems, Inc. Name: Name: Signature: Signature: Title: Title: Date: Date: WH FD FD RE F . 1 S-2.0 1 S-2.0 RECEPTION 100 STILLY CONFERENCE ROOM 101 WOMEN 103 MEN 104 FILE ROOM 105 BREAK ROOM 108 UTILITY 109 COMM 107 MEN 110 WOMEN 111 CONFERENCE 112 COPY/PLOTTER 113 CONFERENCE 114 OFFICE 115 OFFICE 116 OFFICE 117 OFFICE 118 OFFICE 119 OFFICE 120 OFFCE 121 OFFICE 122 OFFICE 123 OPEN OFFICE AREA 124 HALL 125 PANELS 106 CLOSET 102 101A 100 101C 102A 102B 102C 103 104 125A 105 106A 106B 107 108A 109 108B 125B 110 111 113 114 115 116 117 118 124 119120121122123A 123B 4 4 4 4 3 3 1 1A 5 2 2 2 2 2 2 2 3 2 22222 4 4 101B N FR O N T 05 1 1 - 1 0 6 - 1 0 0 4 78 ' - 0 " 42 ' - 9 1 / 2 " M O D U L E 1/ 2 " G A P 35 ' - 2 " M O D U L E 53' - 5 1/2" 11' - 10"1/2"14' - 10"1/2"14' - 10"1/2"11' - 10" 62' - 1" 115' - 6 1/2" 1" GAP 62' - 0" MODULE 22 ' - 1 0 1 / 2 " 53 ' - 5 1 / 2 " 1' - 8 " 78 ' - 0 " 11 ' - 1 0 " 1/ 2 " 14 ' - 1 0 " 1/ 2 " 14 ' - 1 0 " 1/ 2 " 11 ' - 1 0 " 112 FR O N T 05 1 1 - 1 0 6 - 1 0 0 3 FR O N T 05 1 1 - 1 0 6 - 1 0 0 2 FR O N T 05 1 1 - 1 0 6 - 1 0 0 1 FRONT 0511-106-1009 FRONT 0511-106-1010 FRONT 0511-106-1011 FRONT 0511-106-1012 FRONT 0511-106-1005 FRONT 0511-106-1006 FRONT 0511-106-1007 FRONT 0511-106-1008 1/2" SOUND BOARDTHIS SIDE OF WALLUNDER GWB 18 1/4" ATTIC ACCESS ABOVE CRAWL SPACEACCESS: 22 1/2"x 30" S15 L15 L15 L15 L15 L15 L15 L15 0" 5' - 11 1/2" 11' - 11 1/2" 23' - 4" 29' - 4" 5' - 10" 6' - 0" 11' - 4 1/2" 6' - 0" 5' - 11 1/2" A A A A A 3' - 7" 6' - 0" 14' - 3 1/2" 6' - 0" 2' - 0" 3' - 4" 3' - 4 1/2" 4' - 2 1/2" 0" 4' - 2 1/2" 7' - 7" 10' - 11" 12' - 11" 18' - 11" 33' - 2 1/2" 39' - 2 1/2" 4' - 3 1/2"5' - 11 1/2"4' - 0"7"7"4' - 0"9"3' - 4" 4 1/2"8" 3' - 4"1' - 9 1/2" 1 1/2" 7' - 7 3/4"4' - 0 3/4"3' - 6 3/4"5' - 0"3' - 6 3/4"2' - 3 5/8"5' - 0"2' - 7 1/8"2' - 4 1/8"5' - 0"2' - 7 5/8"2' - 3 5/8"5' - 0"2' - 7 1/8"2' - 4 3/4"5' - 0"4' - 10 1/2"5' - 0"2' - 10" 3' - 6" 5' - 0" 3' - 4" 1' - 3 1/2" 3' - 0 1/2 " 6' - 0" 4' - 6" 4' - 1" 6' - 4" 1' - 10" 2' - 7" 3' - 4" 5' - 0" 3' - 6" 2' - 9"5' - 0"7' - 8"5' - 0"2' - 8 3/4"5' - 0 1/4"5' - 0"5' - 11 1/2" 1' - 9 1/2" 5' - 0"4' - 7 1/4"3' - 0 3/4"5' - 0"3' - 5" 4' - 0" 6' - 0" 6' - 0 1/2" 6' - 0" 11 1/2" 14' - 4" 5' - 4"1 1/2" 3' - 0"6' - 0"2' - 10"6' - 4 1/2"6' - 4" 2' - 1 1/2"1 1/2" 2' - 0"6' - 4"6' - 4 1/2"2' - 10"6' - 0"3' - 0" 0" 2' - 10" 7' - 10" 12' - 8 1/2" 17' - 8 1/2" 20' - 1 1/4 " 22' - 8 3/8" 27' - 8 3/8" 30' - 0" 32' - 7 5/8" 37' - 7 5/8" 39' - 11 3/4" 42' - 6 7/8" 47' - 6 7/8" 49' - 10 1/2" 53' - 5 1/4" 58' - 5 1/4" 62' - 0" 0" 3' - 5" 8' - 5" 11' - 5 3/4" 16' - 1" 21' - 1" 22' - 10 1/2" 28' - 10" 33' - 10" 38' - 10 1/4" 41' - 7" 46' - 7" 54' - 3" 59' - 3" 62' - 0" 11 3/8" 3' - 1 1/4" 2' - 10 3/8" 5' - 4" 2' - 7" 8' - 9 1/2" 6' - 0 1/2" 14' - 10" 1/2" GAP 14' - 10" A A A TIE 2x4 TO 2x6 TOP PLATES W/STRAP W/MIN 10 - 10d x 1.5" E.W. L15 L15 S15 A A A A S15 S15 S15 S15 S15 S15 S15 B B B HOLDOWNS GRID 6 SITE- INSTALLED - REFER FOUNDATION PLAN. PROVIDE DBL STUD AS SHOWN. HOLDOWNS GRID H SITE- INSTALLED - REFER FOUNDATION PLAN. PROVIDE DBL STUD AS SHOWN. B B B X X A A A A A A X X X X X X X X X XX X X X X A A X X X X X X X X X X X X X 0" 1 1/2" 5' - 5 1/2" 19' - 9 1/2" 14' - 4" 5' - 4" 1 1/2" X 7' - 8 1/2" 7' - 10" 3' - 11 5/8" 3' - 11 1/8" SHOWER WALL DIMS INCLUDE GWB UNDER - VERIFY 1' - 3 1/2" 12' - 1" 15' - 6" 0" 15' - 6" 27' - 7" 28' - 10 1/2" 3' - 3 1/2" 15' - 6" 0" 15' - 6" 18' - 9 1/2" 6' - 1 1/4" 1' - 9 1/2" 13' - 5 1/2" 13' - 4 1/2" 1' - 6" 1' - 6 1/2" 18 1/2" 18" 4' - 2 1/2" 0" 13' - 4 1/2" 26' - 10" 28' - 7 1/2" 34' - 8 3/4" 4 1/2"3' - 1 1/4" 1' - 2 7/8" 6' - 1 1/4"6" 8 3/8" 3' - 1 1/4"5 5/8" 1/2" GAP 8' - 6 1/2"1' - 0 1/2" 3' - 7" 7' - 10" 11" 1 1/2" SIDEWALL AT GRID 5 (SUPPORTING ROOF TRUSSES): HF STUD @ 8" OC, OR DBL @ 16" OC STHSTHSTHSTHSTHSTH STH STH STH STH STH STH C3C3 C3C3 C3C3 C3 C3C3 C5 C4 C3 C5C5 C3C3 C4C4 C4C4 C4C4 18' - 0" 22' - 9 1/2" DBL JOIST EA SIDE, LUS210 AT CONN. X X X X X X X X X X X X X X X X X X X X C3C3C3C3C3C3 C3C3 C3C3 ALL UNMARKED COLUMNS ARE TYPE C1 OR C2 (DBL STUD) DEPENDING ON WALL THICKNESS S-0.0 1 TYP A A A S15 S15 S15 FRAME INTERIOR ENDWALLS (SHEARWALLS) LONG AT INTERSECTIONS, TYP A A A A A S15S15S15S15S15S15S15S15S15S15 A A A A S15S15S15S15S15S15S15S15 STRAPS TO MATELINE FACE, TYP GRID 5 0" 42' - 9 3/8" ALL UN-TAGGED COLUMNS ARE TYPE 'C1' OR 'C2' - DBL STUD HF PER SCHEDULE L15L15 L15 L15 EA. COL. TO RIM ALL DIMENSIONS ARE TAKEN FROM FACE OF STUD, OR EDGE OF MODULE 11' - 10"1/2"14' - 10"1/2"14' - 10"1/2"11' - 10" 53' - 5 1/2" (3 ) 2 x 8 H D R AB O V E 2' - 2" 4' x 10' CT AREA F# STRUCTURAL LEGEND STRUCTURAL SHEARWALL HOLDOWN CONNECTION COLUMN FOOTING SYMBOL/TAG ITEM 1 1 A X C# SHEATHED WALL (NON-STRUCT) H I T L E Y AN U F A C T U R I N G JOB NO: DA T E MA R K R E V I S I O N JO B N A M E : SH E E T T I T L E : SHT. DE S C R I P T I O N : DATE: TH I S D R A W I N G A N D A L L I N F O R M A T I O N C O N T A I N E D HE R E O N I S T H E P R O P E R T Y O F W H I T L E Y M F G . C O . IN C . , A N D I S N O T T O B E R E P R O D U C E D W I T H O U T T H E EX P R E S S P E R M I S S I O N O F W H I T L E Y M F G . C O . , I N C . WH I T L E Y M F G . C O . I N C . , A S S U M E S N O RE S P O N S I B I L I T Y F O R U N A U T H O R I Z E D U S E O F T H I S DR A W I N G . RE L E A S E L E V E L : DR A W N B Y : RE V . B Y : CH K . B Y : 4 WH I T L E Y EV E R G R E E N I N C . mo b i l e a n d m o d u l a r b u i l d i n g s 14 2 1 9 S M O K E Y P O I N T B L V D . , M A R Y S V I L L E , W A 9 8 2 7 1 PH O N E : ( 3 6 0 ) 6 5 3 - 5 7 9 0 FA X : ( 3 6 0 ) 6 5 9 - 7 7 3 5 SN : S T D P L A N N O : 3 2 1 RE V I S I O N 8 7 6 5 MA R K PL O T S T A M P : DA T E 9/ 2 3 / 2 0 1 1 8 : 2 3 : 2 3 A M S-1.0 4113 Ci t y o f A r l i n g t o n 6/7/2011 MO D U L A R O F F I C E ST R U C T U R A L F L O O R P L A N FI N A L TC 05 1 1 - 1 0 6 - 1 0 0 1 / 1 0 1 2 3/16" = 1'-0" FLOOR PLAN - STRUCTURAL1 RENEWS: 12/05/2012 L& I S U B M I T T A L 7/ 2 7 / 1 1 Q U O T E Right! Systems, Inc.Date 05/11/21 Quote #RSIQ55308-0211911 NE Ist Street SalesRep Suite 212 Carrie Sovde (206) 271-8866 Prepared ByBellevue, WA 98005 Claudia Velazquez (503) 928-7148Phone:(206) 271-8866 Customer Contact Bryan Terry (360) 403-4610Notesbterry@arlingtonwa.gov Customer Bill To Ship To City of Arlington Administration City of Arlington Administration City of Arlington Administration Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States Terms:Ship Via: NET 30 Ground Special Instructions:Description: PEPPM Contract CSIU - #528897-284 Verkada 5 Years - Public Works & Water Plant #Description Part #Qty Unit Price Ext. Price 1 Verkada AC41 2 6 $1,128.71 $6,772.26Verkada AC41 4 Door Controller AC41-HW 3 6 $69.88 $419.28Verkada 4AH Backup Battery for AC41 ACC-BAT-4AH 4 12 $688.97 $8,267.645 Year Door License LIC-AC-5Y 5 Verkada CD51-E 6 8 $826.90 $6,615.20Verkada CD51-E - Outdoor Dome Camera - network surveillance camera - with 30 day retention CD51-30E-HW 7 8 $551.03 $4,408.245 Year Camera License LIC-5Y 8 Verkada CD61-E 9 1 $1,102.76 $1,102.76Verkada CD61-E - Outdoor Dome Camera - network surveillance camera - with 30 day retention CD61-30E-HW 10 1 $551.03 $551.035 Year Camera License LIC-5Y Sub Total $28,136.41 Shipping $730.00 Sales Tax $2,655.71 Grand Total $31,522.12 Authorized Signature Title Date By signing and dating the above referenced quote, customer authorizes purchase and agrees to Right! Systems terms and conditions. Terms and Conditions Right! Systems Inc. Standard Terms and Conditions apply. Terms are N30 OAC. Applicable sales tax and freight are excluded and will be calculated at the time of shipping unless specifically requested. Pricing is valid until the end of each month and pricing may be subject to change. All returns are subject to authorization and will be subject to a 15% restocking fee. A copy of our standard Terms and Conditions may be requested by contacting 1-800-571-1717. 05/11/21 © 2015-2021 Right! Systems Inc.Page Claudia Velazquez v03.032217 Opportunity #:97283 Reference #N/A 1 of 1 Verkada Access Control : City Hall Statement of Work Prepared for: City of Arlington April 28, 2021 ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 2 EXECUTIVE SUMMARY Since 1993, Right! Systems, Inc. has provided business-driven, multi-vendor IT solutions to clients worldwide. Drawing on deep industry expertise and a portfolio of interrelated consulting, application, and infrastructure services, our solutions can help you gain control of your enterprise-wide technology, increase productivity and end-user satisfaction, refocus talent and energies on your core business, and decrease total cost of ownership. Our ability to provide solutions that adapt to our customers ’ ever-changing markets begins with a collaborative effort that allows you to seamlessly integrate technologies to meet your changing needs. As a leading technology services company and a comprehensive provider of consulting, integration, procurement and support services, Right! Systems professionals are there every step of the way. We work directly with you to provide insightful analysis and industry -specific counsel on strategy, best-practices, technology and management; from the design stage through implementation and beyond you can be sure we have a solution that will work for you. PROJECT OBJECTIVE City of Arlington has asked Right! Systems, Inc. (RSI) for a proposal of services, in the for m of a Statement of Work (SOW), to provide labor, materials, and installation services for a Verkada Access Control System at the City of Arlington City Hall facility. This Statement of Work (“SOW”) is hereby entered between Right! Systems, Inc. (RSI), and City of Arlington (Customer). Farwest Technologies Inc. shall deliver the outlined Services and Deliverables to City of Arlington on behalf of Right Systems, Inc. At the conclusion of this engagement, City of Arlington and RSI will meet to discuss any next steps and future engagements. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 3 PROJECT SCOPE The following section defines the stages, activities, and deliverables associated with this project. STAGE 1 ACTIVITIES / DELIVERABLES Access Control: Cabling and Pathways Expected Activities: • Install one (1) 22/6 & one (1) 18/2 access control cable from the MDF to each new card reader location o Each cable will be home run and supported to local code • RSI will need to install Panduit surface mount raceways at certain doors due to no access within the walls or ceiling spaces o RSI will do their best to follow building lines to ensure the surface raceway is as hidden as possible STAGE 2 ACTIVITIES / DELIVERABLES Access Control: Door Devices Expected Activities: • Install one (1) new (City of Arlington provided) card reader at each identified controlled door o RSI has identified seven (7) locations o Please see the attached drawing identifying each access - controlled door • Install locking hardware at each door o RSI will be utilizing a sub-contractor door hardware company to provide and install all locking hardware o Connect the card reader to the locking hardware STAGE 3 ACTIVITIES / DELIVERABLES Access Control: Head End Expected Activities: • Install Verkada door controllers within the MDF • Install power supplies for door control • Wire in all new door access control cables to the controller and power supplies • RSI will utilize the existing power outlet within the MDF for power to the power supplies and Verkada panels ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 4 STAGE 4 ACTIVITIES / DELIVERABLES Access Control: System Setup Expected Activities: • Provide system start up support to City of Arlington • Ensure all doors are functioning properly STAGE 5 ACTIVITIES / DELIVERABLES Access Control: Miscellaneous Expected Activities: • RSI will provide: o Misc. consumables, access control cable, request to exit devices, door contacts, push to exit buttons and power supplies as needed o A completed electrical low voltage permit o Record drawings upon completion showing each access control location and corresponding numbers o Full time project management for the duration of the project o Connections to the existing fire alarm panel as needed ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 5 STAGE 1 ACTIVITIES / DELIVERABLES Cameras: Cabling and Pathways Expected Activities: • Install one (1) Cat6 plenum rated cable from the MDF to each new camera location o Each cable will be home run and supported to local code o Terminate, label, and test each cable being installed • RSI will need to install Panduit surface mount raceways at certain cameras due to no access within the walls or ceiling spaces o RSI will do their best to follow building lines to ensure the surface raceway is as hidden as possible STAGE 2 ACTIVITIES / DELIVERABLES Cameras: Cameras Expected Activities: • Install one (1) new card reader at each identified camera location o RSI has identified three (3) locations o Please see the attached drawing identifying each camera location o Install wall mount brackets at all exterior cameras STAGE 3 ACTIVITIES / DELIVERABLES Cameras: Head End Expected Activities: • Patch each camera into the City of Arlington network STAGE 4 ACTIVITIES / DELIVERABLES Cameras: System Setup Expected Activities: • Provide system start up support to City of Arlington • Compete a final field of view for each camera approved by the City of Arlington ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 6 STAGE 5 ACTIVITIES / DELIVERABLES Cameras: Miscellaneous Expected Activities: • Provide and complete an electrical low voltage permit • Provide record drawings upon completion showing each camera location and corresponding numbers • Provide full time project management for the duration of the project ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 7 CUSTOMER REQUIREMENTS The following section defines the customer requisites needed at or prior to the start of this engagement. This list of requirements may expand based on discovery during the kickoff meeting and planning stage, as well as the ongoing work detailed in the project scope. CUSTOMER REQUIREMENTS Prerequisites • Customer to provide all necessary keys, badging, and/or personnel needed to gain access throughout customer premises • Customer shall provide one (1) host Workstation/Server PC meeting the minimum requirements for system software (RSI will provide minimum requirements documentation for each software suite) • Customer shall provide minimum one (1) LAN & WAN network connection for each of the following systems: o Access Control Any technologies or deliverables other than those specifically noted in the project scope of this SOW are not included as part of this engagement. Activities listed in the project scope are subject to change as needed only to complete the explicit deliverables for each stage. For clarification purposes, some technologies that are out of scope for this engagement include, but are not limited to: CUSTOMER REQUIREMENTS Out of Scope • Power circuits for customer provided/installed equipment • Training on the access control and camera system to be complete by Verkada staff • Sleeves between floors, sleeves within fire-rated walls, floor penetrations, and envelope penetrations • Purchase and installation of all Verkada access control head end and field devices • Connections to the City of Arlington network • Transferring of final access control credentials from the existing system to the new system • Gates, gate operators, and overhead roll-up doors • Vehicle detection loops, safety photo-eyes, and other vehicle detection devices • Elevator travelling cable with adequate conductors, elevator machine room connections and terminations, and elevator cab device installations • General Contractor related work, such as framing, painting, patching, roofing, scaffolding, etc. Hazardous material identification, abatement, or removal ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 8 The general assumptions listed below apply to this engagement unless specifically contradicted in the Project Purpose or Project Scope above. CUSTOMER REQUIREMENTS General Assumptions • City of Arlington may need to provide RSI with access to their offices, a convenient place to work, network connectivity and internet access while onsite. • Sufficient power, cooling, rack space, and cabling is required for any hardware related to this engagement and is the sole responsibility of City of Arlington. • Hardware, software, or licensing needed for the solutions being deployed or upgraded in the environment is the sole responsibility of City of Arlington. • Administrative-level permissions for particular hardware or software components of the environment may need to be provided to RSI for the duration of this engagement. • Service-impacting activities may require maintenance windows for scheduled downtimes. • City of Arlington resources will need to be available as requested by RSI team members. Technical support from the provider of any hardware or software related to this engagement may be required, both during and after business hours. • RSI is not responsible for any hardware or software failures not caused directly or indirectly by RSI negligence or willful misconduct during this project which could potentially cause the schedule for project completion to be delayed. RSI may submit a Change Order to readjust the cost of this agreement based on the circumstances. • Project estimates do not include time or costs associated with hardware or software-related support incidents not caused directly or indirectly by RSI’s negligence or willful misconduct. Those incidents that result in RSI needing to open a vendor -related issue on behalf of City of Arlington may be viewed as a Change Order to this agreement and will required a Change order to be executed RSI may need to pause the project until the Change Order is fully executed by both parties. • Expected Activities in the scope define a framework of activities for this engagement and are subject to minor alterations to effectively complete the project deliverables for each stage ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 9 CHANGE MANAGEMENT PROCESS This statement of work may be amended upon agreement of both RSI and City of Arlington and the execution of a modification to the statement of work (Change Order). Both RSI and City of Arlington may request a Change Order to effect a change to the Project. All requests for a Change Order shall be made in writing to the other party. If the requested Change Order results in a deviation to the activities or deliverables, both RSI and City of Arlington may agree to an adjustment of the price, as applicable, and as referenced in the Change Order. For services that do not affect the material effort to complete a stage of work, RSI will strive to complete these efforts without a Change Order if they do not impact the schedule or completion of a particular stage of the project. RSI will consider a Change Order necessary for reasons including, but not limited to, the following: An identified prerequisite is not complete Any prerequisites identified in this statement of work or subsequent discussions with City of Arlington that are not complete prior to the start of this engagement (or particular stage of this engagement where those prerequisites are necessary) may require a change in schedule and Change Order to accommodate the time lost as a result of the prerequisite (s) not being met. The engagement cannot continue or complete If, during the project activities, RSI determines the project cannot continue without a Change Order, or can continue, but cannot complete without a Change Order, RSI will attempt in good faith to immediately reach City of Arlington to discuss the impact and potential Change Order. Any delays in execution of a Change Order to address an activity or deliverable needed to continue or complete the project may result in scheduling delays. Architectural or environmental conditions not previously identified are a common reason for this potential Change Order. Additional services warranted If either RSI or City of Arlington identify additional services outside the Project Scope that do not materially affect the successful completion of this project, but are needed or wanted by City of Arlington, a Change Order or new statement of work may be requested by either party. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 10 PROJECT TEAM Project Engineer(s) The role of the Project Engineer is to plan and lead day -to-day project activities, making adjustments as needed during the progression of the work described in the project scope. Common Project Engineer tasks include, but are not limited to: • Performing daily activities that deliver the project scope. • Implementation of all technical solutions put forth in this SOW. • Creation and development of project documentation deliverables. • Leading meetings necessary for project deliverables • Technical review of progress with the team. Project Architect A Right! Systems Project Architect may be assigned to the project to assist with the technical accuracy of project deliverables. The Project Architect may oversee, review, and validate all technical details, participate in kickoff meetings, and work with the Project Engineer during any planning and design stages. Specific Project Architect tasks may include, but are not limited to: • Providing technical thought leadership to the team to ensure successful delivery of the project scope. • Review of service-related documentation and implementation of the project. • Orchestrate the technical efforts to deliver a comprehensive solution. Note: Project Architect activities will be conducted in a remote capacity Project Manager / Project Coordinator/Project Integrator RSI will assign a Project Manager (“PM”) or Project Coordinator (“PC”) or Project Integrator (“PI”) to act as a single point of contact for City of Arlington, for the management of the services set forth in this SOW. The PM/PC/PI employs formal project management techniques and methodologies based on best practice and industry standards. Project management tasks may include, but are not limited to: • Acting as the single point of contact and accountability for successful delivery of this Statement of Work, maintaining a focus on time, cost, and scope. • Coordination of kick-off, status, and closure meetings. • Establishing and managing the services schedule, deliverables, and status reporting . • Confirmation of delivered milestones and services in accordance with this SOW . • Obtaining service completion and project sign-off from City of Arlington. Note: PM/PC/PI activities will be conducted primarily in a remote capacity ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 11 PROJECT PRICING Based on the requirements gathered from City of Arlington and work plan detailed in the project scope section of this Statement of Work, the following represents the fixed pricing related to this project. ENGAGEMENT PRICE Verkada Access Control: City Hall $21,355.00 If additional work is required to complete any activities or deliverables not defined in this scope of work, an executed change order will be required. Pricing put forth in this SOW is based on normal working hours of Monday through Friday, 8:00 AM – 5:00 PM, with after-hours, weekend, and holiday rates taken into consideration as appropriate for specific portions of the engagement. Scheduled dates for performance of the services detailed within will be determined as part of the project kickoff. City of Arlington acknowledges that RSI will confirm scheduling only upon receiving this signed, executed agreement, and an accompanying purchase order if required . Scheduling for qualified resources may require up to six (6) weeks lead time, and any changes or delays to the schedule by City of Arlington will require additional lead time. Pricing does not include any associated costs for hardware, software, licensing, or materials directly or indirectly related to this engagement. TRAVEL AND EXPENSE In the event that RSI is required or requested to travel during this project it is expected and agreed to that City of Arlington will reimburse RSI as described in the Terms and Conditions section below. T&E ESTIMATE OF COST Estimate No travel cost estimated for this engagement ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 12 TERMS AND CONDITIONS 1. PURPOSE AND MEANING OF SIGNATURES City of Arlington signature on this document indicates that City of Arlington agrees that the content, terms, conditions, and deliverables contained herein accurately reflect the services required by City of Arlington. City of Arlington decision to purchase the services described will be based on this document in its entirety. RSI signature on this document indicate that RSI’s obligation to undertake the services as defined in this Statement of Work, in the time frames described herein effective as of the date of City of Arlington decision to purchase and providing that City of Arlington provides appropriate purchase/payment commitments. 2. WARRANTIES RSI Warranties. RSI represents and warrants that (a) RSI has the power and authority to enter into and perform its obligations under this Agreement, and (b) RSI’s Services under this Agreement shall be performed in a workmanlike manner in accordance with the highest standards of quality, shall conform strictly to the requirements as set forth in this agreement, and shall be fit for their intended uses. RSI shall take all reasonable precautions to protect the equipment and data of City of Arlington against loss, damage, theft or disappearance while in the care, custody, or control of RSI, its representatives, agents, and subcontractors. City of Arlington Warranties. City of Arlington represents and warrants that it has the power and authority to enter into and perform its obligations under this Agreement. Disclaimer of Warranty. Except for the limited warranty set forth previously, RSI makes no warranties hereunder, and RSI expressly disclaims all other warranties, express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. 3. INVOICING AND PAYMENT Payment. All invoices are to be paid to RSI in net 30 days. In addition, RSI and City of Arlington mutually agree to a progressive invoicing schedule on weekly or bi-weekly basis. If City of Arlington requires a purchase order to process payments, please provide a purchase order number during signature of this agreement. Late Payment. City of Arlington shall pay to RSI all undisputed fees within 30 days of the date of the applicable RSI invoice. If City of Arlington fails to pay any undisputed fees within 30 days from the date of an invoice, where applicable, late charges of 1.5% per month or the maximum allowable under applicable law shall also become payable by City of Arlington to RSI. In addition, failure of City of Arlington to fully pay any undisputed fees within forty-five 45 days after the applicable due date shall be deemed a material breach of this Agreement, justifying suspension of the performance of the Services by RSI, and will be sufficient cause for immediate termination of this Agreement by RSI. Any such suspension does not relieve City of Arlington from paying past undisputed due fees plus interest and in the event of collection enforcement, City of Arlington shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys’ fees, court costs and collection agency fees. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 13 Taxes. In any case or jurisdiction where RSI is required to charge tax for services provided pursuant to this Agreement, RSI shall invoice to and collect from City of Arlington, and remit, such sales tax. Each party shall be responsible for any other taxes assessed against it. 4. TRAVEL AND EXPENSE In the event that RSI is required or requested to travel during this project, it is expected and agreed upon that City of Arlington will reimburse RSI for any necessary travel expenses. All expenses for reimbursement will be documented and provided to City of Arlington. These expenses may include airfare, rental car, parking, ground transportation, tolls, travel time, meals, and lodging. 5. NO HIRE During the course of this project and for a period of twelve months following the conclusion of this SOW, City of Arlington shall not directly or indirectly hire, solicit, or encourage RSI employees or contractors to leave the employment of RSI in an effort to gain employment with City of Arlington. 6. CONFIDENTIAL INFORMATION Each party agrees that during the course of this Agreement, information that is confidential or reasonably understood to be proprietary, trade secret or similar designation due to its nature and circumstances of disclosure, may be disclosed to the other Party, including, but not limited to, software, technology, technical processes and formulas, source codes, business and product plans, email, voicemail, wireless communications, firewalls, passwords and other business, personal, or unique identifiers (“Confidential Information”). Confidential Information shall not include information that the receiving Party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving Party, (b) was known to the receiving Party as of the time of its disclosure, (c) is independently developed by the receiving Party, or (d) is subsequently learned from a third party not under a confidentiality obligation to the providing Party. Except as provided for in this Agreement, each Party shall not make any disclosure of the Confidential Information to anyone other than its employees who have a need to know in connection with this Agreement. Each Party shall notify its employees of their confidentiality obligations with respect to the Confidential Inform ation and shall require its employees to comply with these obligations. The confidentiality obligations of each Party and its employees shall survive the expiration or termination of this Agreement. Neither party shall disclose, advertise, or publish the terms and conditions of this Agreement without the prior written consent of the other party. Any press release or publication regarding this Agreement is subject to prior review and written approval of the parties. 7. LICENSE AND PROPRIETARY RIGHTS Proprietary Rights of City of Arlington. As between City of Arlington and RSI, City of Arlington information shall remain the sole and exclusive property of City of Arlington, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights. City of Arlington hereby grants to RSI a non-exclusive, worldwide, royalty-free license for the duration of this Agreement to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use City of Arlington information as necessary to render the Services to City of Arlington under this Agreement. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 14 Proprietary Rights of RSI. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by RSI or its suppliers under this Agreement, and any know-how, methodologies, equipment, or processes used by RSI to provide the Services to City of Arlington, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively “RSI Materials”) shall remain the sole and exclusive property of RSI or its suppliers. To the extent, if any, that ownership of the RSI Materials does not automatically vest in RSI by virtue of this Agreement or otherwise, City of Arlington hereby transfers and assigns to RSI all rights, title and interest which City of Arlington may have in and to the RSI Materials. City of Arlington acknowledges and agrees that RSI is in the business of providing network protection services, and that RSI shall have the right to provide to third parties’ services which are the same or similar to the Services, and to use or otherwise exploit any RSI Materials in providing such services. 8. INDEMNIFICATION Both parties agree to indemnify, defend, and hold harmless the other party, its directors, officers, affiliates, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys, fees, to the extent that suc h action is based upon a claim that: (i) if true, would constitute a breach of any of the indemnifying party’s representations, warranties, or agreements hereunder; (ii) arises out of the indemnifying party’s negligence or willful misconduct; or (iii) hereunder results or arises from a party’s violation of the law or any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. Notice: In claiming any indemnification hereunder, the indemnified Party shall promptly provide the indemnifying party with written notice of any claim which the indemnified party believes falls within the scope of the foregoing paragraphs. The indemnified party may, at its own expense, assist in the defense if it so chooses, provided that the indemnifying Party shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the indemnified Party shall not be final without the indemnified Party’s written consent, which shall not be unreasonably withheld. 9. LIMITATION OF LIABILITY Except for instances of RSI negligence or willful misconduct, RSI shall have no liability for unauthorized access to, or alteration, theft or destruction of, City of Arlington data files, programs or information through accident, fraudulent means, or devices. Neither party shall have liability for consequential, exemplary, special, incidental, or punitive damages even if RSI has been advised of the possibility of such damages. Except for instances of RSI negligence or willful misconduct, the liability of RSI to City of Arlington for any reason and upon any cause of action shall be limited to the amount actually paid to RSI by City of Arlington under this Agreement during the four (4) months immediately preceding the date on which such claim occurred. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 15 10. TERMINATION AND RENEWAL Term. This Agreement shall be effective when signed by the Parties and thereafter shall remain in e ffect for ninety (90) days or until the completion of this service engagement, unless earlier terminated as otherwise provided in this Agreement. Termination. Either party may terminate this Agreement if a bankruptcy proceeding is instituted against the other Party which is acquiesced in and not dismissed within sixty (60) days, or results in an adjudication of bankruptcy, or the other Party materially breaches any of its representations, warranties or obligations under this Agreement, and such breach is not cured within ten (10) days of receipt of notice specifying the breach. Either party may terminate this Agreement at any time and for any reason by providing written notice of termination to the other party and a pro rata portion of the fees will be paid to RSI for Services not yet rendered on the date of termination. Termination and Payment. Upon any termination or expiration of this Agreement, City of Arlington shall pay all unpaid and outstanding fees through the effective date of termination or expiration of this Agreement. 11. MISCELLANEOUS Entire Agreement. This Agreement and attached Schedules constitute the entire agreement between City of Arlington and RSI with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement. Cooperation. The Parties acknowledge and agree that successful completion of the Services shall require the full and mutual good faith cooperation of each of the Parties. Independent Contractors. RSI and its personnel, in performance of this Agreement, are acting as independent contractors and not employees or agents of City of Arlington. Amendments. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the Party against which such amendment, change, waiver, or discharge is sought to be enforced. Customer Identification. RSI may use the name of and identify City of Arlington as an RSI Customer in advertising, publicity, or similar materials distributed or displayed to prospective RSI Customers. Force Majeure. Except for the payment of fees by City of Arlington, if the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either Party, that Party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. Washington Law. This Agreement shall be governed in all respects by the laws of the State of Washington without regard to its conflict of law’s provisions, a nd City of Arlington and RSI agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be the: appropriate state or federal court located in the City of Seattle, and City of Arlington and RSI hereby submit to the jurisdiction of such courts. Assignment. Both parties shall not assign, without the prior written consent of the other party, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part, whether by ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 16 assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so shall be deemed a material breach of this Agreement. Waiver. The waiver of failure of either Party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. Severability. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Counterparts. This Agreement may be executed in several counterparts, all of which taken together shall constitute the entire agreement between the Parties hereto. Headings. The section headings used herein are for reference and convenience onl y and shall not enter into the interpretation hereof. Approvals and Similar Actions. Where agreement, approval, acceptance, consent or similar action by either Party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. Survival. All provisions of this Agreement relating to City of Arlington warranties, confidentiality, non- disclosure, proprietary rights, and limitation of liability, City of Arlington indemnification obligations, and payment obligations shall survive the termination or expiration of this Agreement. ©2019 Right! Systems, Inc. - Confidential & Proprietary P a g e | 17 PROJECT AGREEMENT The signatures below indicate that Right! Systems, Inc. and City of Arlington agree to the scope as provided, and all terms and conditions detailed in this Statement of Work. If a City of Arlington purchase order number is required for invoicing by Right! Systems, Inc., City of Arlington agrees to provide purchase order number and/or copy of purchase order with signed Statement of Work. CUSTOMER PO: ______________________ If no customer PO is provided, RSI will use the following PO for invoicing purposes: OPP97277 This Statement of Work is valid for signature 30 days from April 28, 2021. City of Arlington Right! Systems, Inc. Name: Name: Signature: Signature: Title: Title: Date: Date: Up Up Up Up Stairs Down Stairs City Hall Camera Camera Camera <- <- <- Q U O T E Right! Systems, Inc.Date 04/22/21 Quote #RSIQ55298-0111911 NE Ist Street SalesRep Suite 212 Carrie Sovde (206) 271-8866 Prepared ByBellevue, WA 98005 Claudia Velazquez (503) 928-7148Phone:(206) 271-8866 Customer Contact Bryan Terry (360) 403-4610Notesbterry@arlingtonwa.gov Customer Bill To Ship To City of Arlington Administration City of Arlington Administration City of Arlington Administration Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 Bryan Terry (360) 403-4610 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States 238 N. Olympic Avenue Arlington, WA 98223 United States Terms:Ship Via: NET 30 Ground Special Instructions:Description: PEPPM Contract CSIU - #528897-284 Verkada 5 Years - City Hall - **Pricing Valid Until April 30, 2021** #Description Part #Qty Unit Price Ext. Price 1 Verkada AC41 2 2 $1,128.71 $2,257.42Verkada AC41 4 Door Controller AC41-HW 3 2 $69.88 $139.76Verkada 4AH Backup Battery for AC41 ACC-BAT-4AH 4 7 $688.97 $4,822.795 Year Door License LIC-AC-5Y 5 Verkada CD41 6 2 $551.03 $1,102.06Verkada CD41 - Indoor Dome Camera - network surveillance camera - with 30 day retention CD41-30-HW 7 2 $551.03 $1,102.065 Year Camera License LIC-5Y 8 Verkada CD41-E 9 1 $705.18 $705.18Verkada CD41-E - Outdoor Dome Camera - network surveillance camera - with 30 day retention CD41-30E-HW 10 1 $551.03 $551.035 Year Camera License LIC-5Y Sub Total $10,680.30 Shipping $230.00 Sales Tax $1,003.75 Grand Total $11,914.05 Authorized Signature Title Date By signing and dating the above referenced quote, customer authorizes purchase and agrees to Right! Systems terms and conditions. Terms and Conditions Right! Systems Inc. Standard Terms and Conditions apply. Terms are N30 OAC. Applicable sales tax and freight are excluded and will be calculated at the time of shipping unless specifically requested. Pricing is valid until the end of each month and pricing may be subject to change. All returns are subject to authorization and will be subject to a 15% restocking fee. A copy of our standard Terms and Conditions may be requested by contacting 1-800-571-1717. 04/22/21 © 2015-2021 Right! Systems Inc.Page Claudia Velazquez v03.032217 Opportunity #:97275 Reference #N/A 1 of 1 6/23/2021 Send Cart to Associate view.cdwemail.com/?qs=710164cc9404e0022aca31585d270c9775bd8b87990e26eca0a936732aa861cbd0cbc075b79975f2893ec6f63bf0b92e88b6c5…1/1 This email was sent to you from: Bryan Terry. | View in browser Hardware Software Services IT Solutions Brands Tech Library CDW-G For Review This email was sent to you from: Bryan Terry bterry@arlingtonwa.gov View Cart Online Item Qty CDW #Unit Price Ext. Price HID RP40 MULTICLASS SE E MOB-READY Mfg. Part#: 920PMNNEKMA003 19 4224629 $212.79 Subtotal $4,043.01 Grand Total $4,043.01 Sales Contact Info Von Aigner Alanguilan | (312) 547-2757 | vonalan@cdwg.com Need Help? My Account Support Call 800.800.4239 * Pricing is reflective of items only. Shipping, tax, and any related fees will be calculated at checkout. About Us | Privacy Policy | Terms and Conditions This email was sent by CDW Government LLC. All information and offers are subject to the CDW•G Terms and Conditions, and CDW•G policies. CDW®, CDW•G® and PEOPLE WHO GET IT® are registered trademarks of CDW LLC. All other trademarks and registered trademarks are the sole property of their respective owners. This email was sent to bterry@arlingtonwa.gov. Please add cdwsales@cdwemail.com to your address book. © 2021 CDW Government LLC 230 N. Milwaukee Avenue, Vernon Hills, IL 60061 SSC:001 | WEB 007 | WEBb17f2173-22ac-4e4a-a8a4-a07e6528c741 City of Arlington Council Agenda Bill Item: WS #7 Attachment GCOUNCIL MEETING DATE: June 28, 2021 SUBJECT: Budget Amendment Request –Full Time Employee, Planner I position, Community and Economic Development (CED) ATTACHMENTS: Position Requisition Form, 2021 Request and Justification Statement for Staffing Request, Organizational Changes and Workspace ExpansionDEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: $63,000.00 + benefits BUDGET CATEGORY: Community and Economic Development Operating Budget BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Budget Amendment request to fund a Full Time Employee (FTE) as a Planner I position in the CED Department. HISTORY: This position supports the organizational changes being made in the department to address the immediate staffing needs of the department, but more importantly, staff retention, departmental growth structure and the overall, long term, health of the work environment in the CED Department. ALTERNATIVES: Remand back to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the July 6, 2021 Council meeting, the recommended motion will be, “I move to approve the unscheduled hiring of a full time position as a Planner I.” 2021 Community and Economic Development Department Staffing Request, Organizational Changes, and Workspace Expansion The CED department has grown significantly over the last five years, relative to additional responsibility, workplace culture, progressive thinking and the creation of long term and measurable plans that will keep Arlington moving in a positive direction for the next twenty year planning horizon and beyond. In order to keep that progression alive and well, retain valuable dedicated staff, and maintain a work environment that employees feel enthusiastic to be a part of, it is imperative that adequate staffing levels be maintained, so that staff may realize a balanced life/work condition. I will not use the fact that this is the most active period of development that Arlington has experienced, or that CED has managed and processed all this growth with the “leanest” staffing levels since its inception, to substantiate this request, you are all fully aware of this fact. Development activity certainly plays a role in staffing levels, but the need to address employee, work/life balance is the basis of the following staffing request, in order to avoid employee “burnout”, keep staff positive, creative, and capable of both personal and professional growth during their employment with the City. The following organizational chart represents what I believe to be the minimum staffing levels needed for the CED department to achieve an efficient, quality work environment. This organizational change will create one additional senior management position, a Planning Manager, this position will complement the two existing senior management positions of Development Services Manager and Building Official. All three positions will have employees that report directly to them, providing for a more evenly distributed level of supervision, responsibility and staff communication. One additional full time employee will be required to allow this restructuring to occur, that position will be a Planner I (this will require a budget amendment). The Planner I position will be primarily responsible for processing current planning items, and will supplement the majority of the land use responsibilities that the Permit Technicians are conducting, this will enable a Permit Tech (Launa) to be reassigned as an Executive Assistant, that position will then provide administrative support to both the CED Director, and the Senior Managers. This still maintains a very “lean” staffing structure, but provides for efficiencies that are essential, but currently don’t exist, as well as opportunity for staff advancement, personal growth and a more desirable work /life balance. With this organizational change comes the need for additional workspace to be created, that will provide locations where management staff can work free from interruptions and distractions. The intent is to create two new offices towards the rear of the CED office, these spaces will be for the Building Official and the Planning Manager. This additional workspace will total approximately 220 Square Feet. The existing room on the back wall, where the plotter was located, will be the workspace for the Executive Assistant, so as to be centrally located between the director, and all management staff. We are in the process of soliciting for quotes to construct the additional workspace so that the cost can be brought forward as a budget amendment, but given the current cost increase of building materials, the estimated cost of the workspace would be approximately $45,000.00. As an aside to the budget amendment requests, state law (RCW 82.02.020) requires revenues generated by permitting processes, to be utilized in the support of such permitting activities, e.g. staffing, facilities etc., much like the use of enterprise funds. Although these requests were not budgeted for in 2021, revenues have been generated from current development/permitting that could be applied to both the Planner I position and the additional workspace cost. In summary, here are the requested changes: a. 1 additional Full Time Employee, a Planner I position – approx. $63,000.00 yr., requires budget amendment b. 220 S. F. additional workspace – approx. $40,000.00 total, Requires budget amendment c. Planning Manager position created (not an additional FTE, just reassigned) d. Executive Assistant position created (not an additional FTE, just reassigned) Thank you in advance for your consideration to both the requested Full Time Employee (Planner I) position and the additional workspace, as well as the organizational changes proposed for CED. I look forward to having a discussion regarding these requests. Sincerely, Marc Marc Hayes Community and Economic Development Director 18204 59th Dr. NE, Arlington WA 98223 O: 360.403.3457 mhayes@arlingtonwa.gov | www.arlingtonwa.gov WSWS City of Arlington Council Agenda Bill Item: WS #8 Attachment HCOUNCIL MEETING DATE: June 28, 2021 SUBJECT: Appointment of Airport Commissioner ATTACHMENTS: Redacted application of Eric Hansen DEPARTMENT OF ORIGIN Airport; Dave Ryan, Director 360-403-3474 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: On Wednesday, May 19, 2021, the Airport Commission Selection Committee consisting of Jan Schuette, Ruth Gonzales, Don Munson, Marty Wray and Dave Ryan, met to review previous commission applicants’ applications and to discuss their previous interviews. The panel agreed unanimously that applicant Eric Hansen should be appointed to the Airport Commission. Mr. Hansen’s resume and experience as an airport commissioner in California clearly elevated him to the top. The Committee recommends that City Council appoint Mr. Hansen as our next Eric Hansen Arlington, WA 98223 ✔ 9 December 2019 (Attach page for additional space) Retired U.S. Air Force test pilot, worked for Boeing Flight Test, Northrop Grumman Flight Test, and Lockheed Martin Flight Test. Airplane owner and current and active pilot and flight instructor. Member of Airplane Owners and Pilots Association and Experimental Aircraft Association, Fellow in the Society of Experimental Test Pilots. Was chairman of the City of Tehachapi, CA airport commission for 10 years. I am experienced in assessing the issues, costs, and management of the physical airport property at general aviation airports. I'm very familiar with Roberts Rules of Order and the Washington Open Public Meetings Act. I have an excellent understanding of the financial impact on local communities, the businesses that operate in the airport environment and their needs and issues, as well as local pilot population needs and issues. I know and am sensitive to the greater aviation community's expectations and impact in using community operated general aviation airports. As a retiree, I am available for all meetings, and able to do staffing and research tasks. Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: WS #9 Attachment I COUNCIL MEETING DATE: June 28, 2021 SUBJECT: Civil Service Commissioner Appointment ATTACHMENTS: Redacted application of Jonathan Reichart DEPARTMENT OF ORIGIN Human Resources; James Trefry, Administrative Services Director – 360-403-3443 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Civil Service Commissioner Selection Committee interviewed one candidate for the open position on the Civil Service Commission on May 12, 2021. After discussion of the candidate’s experience and qualifications, it was determined that Jonathan Reichart is qualified for the position and is recommended for appointment by the Mayor. HISTORY: A position on the Civil Service Commission became vacant in April 2021 when Commissioner Thad Hovis resigned after moving out of the City. The vacant term expires on April 1, 2022. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. At the July 6, 2021 Council meeting, the recommended motion will be, “I move to confirm the appointment of Jonathan Reichart to fill the vacant position on the Civil Service Commission for a term expiring April 1, 2022.” City of Arlington Council Agenda Bill Item: WS #10 Attachment JCOUNCIL MEETING DATE: June 28, 2021 SUBJECT: May 2021 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement City of Arlington Council Agenda Bill Item: WS #11 Attachment K CITY OF ARLINGTON PUBLIC ART STRATEGIC PLAN March 2019 2 Acknowledgements The Public Art Strategic Plan evolves out of the past 15 years of creative thinking, hard work and investment by the Arlington Arts Council and the City of Arlington. Arlington Public Art Committee Arlington Arts Council Board of Directors Park, Arts and Recreation Commission Arlington City Council and Mayor City Staff 3 ARLINGTON PUBLIC ART PROGRAM POLICIES AND GUIDELINES TABLE OF CONTENTS 1. Executive Summary Page 4 2. Why Public Art Matters Page 5 3. How Arlington’s Public Art Program Developed Page 6-7 4. Definition of Public Art Page 8 5. Goals and Objectives Page 9 6. Site-Integrated Art Page 10-12 7. Selecting Site Specific Art Page 13 8. Private Development Projects Page 14 9. Funding Page 15-16 10. Implementation Activities Page 17 11. Public Art Committee and Process Page 18-22 12. Public Art and Arlington Planning Documents Page 23 13. City of Arlington Public Art Ordinances Page 24-25 14. Arlington’s Public Art Collection Page 26-28 15. Projects with Potential for Public Art Page 29-30 16. Potential Areas for Public Art Projects Page 31 17. Maps Page 32-34 18. Maintenance Schedule Page 35-36 19. Arlington Arts Council Description Page 37-38 20. Ten Reasons to Support the Arts Page 39 21. Public Comments Page 40 4 1. Executive Summary The City of Arlington and the Arlington Arts Council have developed this Strategic Plan to guide the Public Art Program in Arlington. This Plan describes existing public art programs and outlines the future direction for Public Art in Arlington including existing and new funding options. This plan does not include the performing arts. A goal of the plan is to distribute public art throughout the City, not only in the downtown corridor. Potential areas include public spaces in neighborhoods, in manufacturing areas, and in commercial areas. Site-integrated art will provide for the incorporation of public art in public and private construction. This plan describes the overall goals as well as the following actions:  Adopt an ordinance designating 10 percent of construction sales tax to public art program with a carry-over budget from year to year.  Include site-integrated art in public projects.  Encourage site-integrated art in private construction projects.  Support neighborhood visual improvements with public art.  Discontinue the ordinance allocating one percent of cost of city construction projects, excluding projects involving city public roads, water, wastewater and stormwater management, and, airport airfield or airport lease related structures.  Develop guidelines and an administrative process for the implementation of public art in substantial public and private projects. The Arlington Public Art Committee will use this plan as a guide for new endeavors and program goals. The plan is also an educational document to help the City of Arlington officials, private property owners and interested citizens understand Arlington’s Public Art Program. 5 2. Why Public Art Matters Reasons Why Public Art Matters Source: www.americansforthearts.org Art in public spaces celebrate our history and culture. It reflects and reveals our society, enhances meaning in our civic spaces, and adds uniqueness to our communities. Public art humanizes the built environment. It provides an intersection between past, present, and future; between disciplines and ideas. Public art matters because our communities gain cultural, social, and economic value through public art.  Economic Growth and Sustainability. Pubic art contributes toward sustainable economic growth by enhancing the quality of the community experience. Businesses want to locate in communities that are unique and attractive.  Attachment and Cultural Identity. Public art directly influences how people connect with a place. Aesthetics support the places’ identity and makes residents feel appreciated and valued. Aesthetics is one of the top three reasons why residents attach themselves to a community.  Artists as Contributors. Providing a public art ecosystem supports artists and other creatives by validating them as important contributors to the community. Artists are highly entrepreneurial. They are 3.5 times more likely than the total U.S. work force to be self-employed.  Social Cohesion and Cultural Understanding. Public art provides a visual mechanism for understanding cultures and perspectives, reinforcing social connectivity with others. Seventy- three percent of Americans agree that the arts “help me understand other cultures better.”  Public Health and Belonging. Public art addresses public health by reducing stress, providing a sense of belonging. Public art is noted as slowing pedestrians down to enjoy their space and providing a positive impact on mood. Seventy percent of Americans believe that the “arts improve the image and identity” of their community. "Center of the Universe" 6 3. How Arlington’s Art Program Developed History Arlington is a classic Northwest town with logging and dairy history in the Cascade Foothills on the Stillaguamish River, which is transforming into a modern small city. Arlington is host to a large public art collection with over 50 pieces. The first installation of deliberate public art was the construction of the Centennial Park in 1989 to commemorate Washington State’s Centennial. Artist Charlie Bigger designed and implemented the fountain and a mosaic wall made with tiles painted by local school children. The fountain design represents an aerial view of the Stillaguamish Valley. The Centennial Park project was led by Mayor Margaret Larson and volunteers. In 1989 regional efforts began to transform the inactive railway from the City of Snohomish to the Skagit County border into the Centennial Trail. The first six miles were opened in 1991, and Arlington’s downtown section was completed in 2000. As the Arlington community planned for the City’s Centennial in 2003, a committee was formed and the City offered funding for projects to commemorate Arlington’s Centennial. The art committee consisted of Jean Olson, Virginia Hatch, and Sarah Arney, who founded the Arlington Arts Council in 2004. Sculptures on loan were installed on the Centennial Trail for the 2003 celebration. Murals were commissioned from Harry Engstrom, local artist, for the Olympic Ave hill, the back of the bowling alley, and the train mural (back of current Action Sports, 340 N Olympic Ave). 100 plywood cows painted by the community were displayed in a field by Interstate 5. During Arlington’s Centennial Celebration, the Arlington Arts Council created an annual fundraising event. The “Fall into Art Auction” raises about $6,000 to $10,000 each year to purchase public art. Centennial Park Fountain Cows of Arlington Display Centennial Park Children’s Mosaic Tiles 7 The City often matched the amount raised, or paid for the installation and maintenance. Over the last 16 years 50 pieces of public art have been installed in Arlington by efforts of the Arlington Arts Council. The selected art ties in with the nature, culture and history of Arlington and installations have been primarily located on the Centennial Trail to create an “Art Walk” that is promoted as a tourism activity. The art selection process includes recommendation from the Arts Council, review by City staff and Public Art Committee, review and recommendation by Park, Arts and Recreation Commission, and final approval by City Council. Some projects included a call for art and commissioning of art pieces directly by the City for specific locations. In 2007, the City adopted an ordinance that called for a one-percent funding from City construction projects of at least $25,000 to be allocated to the Arlington Arts Fund. This excluded projects that are public works including, roads, water, wastewater, stormwater, airport airfield or airport lease structures, and other grant related funding. No transfers have been made into this fund. Now Recognizing the value of the art collection, the City of Arlington, the Mayor and City Council, and the community recognizes the value of this art collection and the importance of public art. We also recognize the economic and sense of place benefits of public art and how art plays into redevelopment, cityscape improvements, and future development in Arlington. To further these efforts to improve the City of Arlington as a unique town with an artistic identity where residents are proud and bonded to the community, this plan establishes a new direction for the art program, including proposed funding sources, site-integrated art, and public/private partnerships. It’s a plan for integrating art into public places in the entire community. Mission: To build a unique community and regional identity through art and use public art as a tool for sustainable growth. 8 4. Definition of Public Art The following is a definition of public art as used by this plan. Public art or art in public places is defined in its broadest sense, is any original creation of visual art that is:  Acquired with public money  Acquired with a combination of public/private funding  Donated or loaned to the City’s public art program  Privately sponsored artwork that is located on publicly owned land  Public art may also be artwork that is created or displayed on private property to be viewed by the general public. Examples of public art include, but are not limited to:  Paintings of all media, including both portable and permanently affixed works such as murals  Sculptures of any form and in any material or combination of materials. Including: statues, monuments, fountains, arches, or any other structures intended for ornamentation or commemoration  Crafts and folk art work, including glass, wood, metals, mosaics, etc.  Site-integrated artwork created by landscape designers or artists, including integration of natural and man-made materials, functional art pieces, and site-integrated pieces such as building features, gates, street furniture and paving materials. It is increasingly accepted that artwork and public landscape do not have to be separate ideas, but rather they can be developed as one integrated concept in “Site-integrated Art” which can be as simple as:  Using creative or interesting materials and patterns in the paving of sidewalks  Creating unique and interesting benches  Re-designing of a gate, fence, or playground equipment  Incorporating artist designed lighting, handrails, windows or doors Public art creates lasting impressions on those who experience it and makes Arlington a distinctive, memorable town. Site-integrated art is not limited to public projects. With this plan, the opportunity exists to have private landowners create unique and memorable streetscape improvements, landmark features, or other art projects on private property that is adjacent to public spaces. 9 5. Goals and Objectives This Strategic Plan for Public Art provides a semi-consistent funding source for public art in Arlington by designating 10 percent of construction sales tax to the public art fund for developing and redeveloping Arlington’s public spaces with attention to uniqueness and creativity. The following list of goals and objectives describe the guiding ideals for a Public Art Program for the City of Arlington. These polices should be referred to when pursuing public art projects throughout the City and when making decisions about program direction. GOAL 1: Create a funding source for art to enhance the economic vitality of the City by improving public spaces in general and the pedestrian landscape in particular. • Objective 1.1: Adopt a 10 percent of construction sales tax for art ordinance that requires budget allocated to a public art fund. GOAL 2: Integrate the creative work of artists into public and private projects to improve the residents’ and visitors’ experience and the economic vitality of the City through the enhancement of public spaces. • Objective 2.1: Provide site-integrated art within public projects including, but not limited to streetscape, park, and facility improvements. • Objective 2.2: Encourage private property owners to include public art in the redevelopment and development of properties throughout the City. • Objective 2.3: Identify logical locations and sites for landmark art features, large monuments, fountains, and plazas within the City. GOAL 3: Develop and implement a plan to create a visually and functionally superior environment through art for Arlington’s residents and visitors. • Objective 3.1: Encourage the siting of public art pieces throughout the City of Arlington on both public and private lands. • Objective 3.2: Develop short and long range project plan. • Objective 3.2: Seek public art projects that reference the natural, historical and unique character of the City and region. • Objective 3.3: Disperse art into all areas of Arlington, not limited to downtown. • Objective 3.4: Support neighborhood visual improvements through public art with funding. 10 6. Site-Integrated Art This section describes the opportunities for promoting public art in Arlington including site-integrated art. The aesthetic character of the built environment is largely shaped by necessity. Increasingly, however, visionary planners, landowners, developers, architects, government agencies, tourism boards, and community associations are recognizing and seizing opportunities to enhance and redevelop the aesthetic character of public places. Artistic elements incorporated in the design of public spaces enhance functional spaces with fun, whimsy and interest. This Strategic Plan focuses the Public Art program on the creation of special environments. Otherwise known as "place-making," this approach is consistent with national trends in public art. Termed site-integrated public art, it incorporates the use of art in common everyday public improvements. Site-integrated art is the process of integrating creative and artful features into such things as paving, sidewalks, public benches, lampposts, gates, and landscape features. For example, instead of paving a sidewalk with concrete, the City might vary the paving materials in terms of textures and colors, vary pattern of pavers, and introduce designs in the pavement. Examples of Site Integrated Art 1. Paving The City continually upgrades and repaves, and creates sidewalks, plaza spaces, and streets throughout Arlington. The introduction of artwork in the pavement, use of varied paving materials, color and texture are simple ways to create a special feeling about our environment without the vertical space commonly needed for sculpture. Because the climate and traffic are so destructive to hardscape surfacing integrated art paving requires rigorous material selection and thoughtful application. Possible areas of focus: Pedestrian crossings, stair risers, major intersections. Inlay at the Depot Example of artistic concrete 67th Avenue Plaza First Street Crosswalk 11 2. Walls and Fences and Railings Retaining walls are common features in cities, including cast concrete walls, concrete block walls and rock façade walls. Options to introduce artistic methods include mosaic, creative painting, staining, sandblasting, murals, and sculptural concrete. Chainlink fences and other fences present opportunity for the Public Art program to work with local school children or artists to create playful designs and artwork on fences that are ordinarily sterile or industrial. Railings can be enhanced through creative treatment of balconies, stair handrails, bridge railings, and retaining wall railings. 3. Trails and Complete Streets Arlington adopted the Complete Streets Program in 2018 to address the needs of all users in traffic corridors, thus providing for a long range plan for additional trails. The city already has several multi-use trails — the Centennial Trail, Airport Boulevard and Arlington Valley Road trails, and several walking paths through natural areas and parks. There is potential to enhance the trail system by linking various segments, and the City has the opportunity to add uniqueness and quality to the experience of trail users with creative trail markers and signage. This could be done with directional markings etched in stone or interesting paving patterns that provide a clear direction of travel to destinations within the City. 4. Seating Seating provides places for people to pause, rest, gather and take in the view. Options include artistically-inspired seating that is compatible with the natural setting or the business environment. Benches can be unique, memorable, and even whimsical. Possible locations include Arlington neighborhoods, business areas, public plazas and parks, bus stops, along recreational paths and at trailheads. 67th Ave Retaining Wall Centennial Trail Mile Marker Baker Memorial Bench Legion Park Example artistic railing Example retaining wall 12 5. Utilities and Street Furnishings Trash cans, electric transformer boxes, tree grates, and manhole covers are all part of the City of Arlington’s infrastructure. These utilities are conceived of as purely functional and their visual impact is often obtrusive. Artists and designers can help rethink and redesign streetscapes and utility facilities as they are replaced or upgraded to help conceal or accentuate these elements. Possible areas of focus: Bus stops, trash cans, transformer and traffic light switching boxes, bike racks, light poles and fixtures, manhole covers 6. Parks and Recreation Facilities for recreation should embody a playful spirit. Artists should participate in the design of new areas and play equipment, as well as create elements to enhance existing facilities. Possible areas and opportunities of focus: Skateboard Park, park signage, fencing and retaining walls. 7. Landmarks and Gateways Landmarks represent a significant architectural element that visitors can identify with. Landmarks signify important points of entry, turning points, and critical intersections in the pedestrian network. Landmarks also identify destinations and serve as visual reference points. Landmarks and portals are integral to an overall wayfinding system. People tend to think of landmark features as buildings and structures, but they can also include plazas, intersections, fountains, works of art, bridges, and unique natural features. Site integrated art can help create landmark features by creating unique spaces and building improvements that people are able to easily identify and remember. 8. Signage and Locators Gateway signage, wayfinding signage, street signage, neighborhood and business area signage, locator maps and landmarks are required to help people navigate a city. Integrated art elements can be a part of an effective and whimsical orientation program. These elements range from sculptural sign holders and trail markers to artistic gateways and monuments that become significant landmarks. Possible areas of focus: Important intersections, trail markers, wayfinding signs, round-a-bouts, park signage, and neighborhood signage. Example of wrapped utility box Example decorative drains 13 7. Selecting Site Specific Art The current program of acquires art through commissioning site-specific work, direct purchase, or donation of art. A commissioned work of public art typically involves selecting an established artist to develop a piece of artwork for an identified location or use. The Public Art Committee is entrusted to develop the criteria for commissioned projects and to site other acquired works. The Committees’ administrative policies and selection and placement criteria are in the Public Art Committee and Process (page 18). Periodically the City will be offered donations of artwork by others than the Arlington Arts Council. Donations are subject to review by the Public Art Committee and City staff, as any other work of art. The Public Art Committee and the City may decide to accept or reject any work of art offered to the City for public art purposes. Commissioned for Transit Center Donated art 14 8. Private Development Projects As private development and redevelopment in Arlington continues, there is the potential for public art opportunities to evolve from a partnership between the City and private entities. Art in private developments will contribute to the community’s aesthetic, pedestrian experience and cultural awareness. The City of Arlington should encourage developers and property owners to enhance their private development with art in public places, in the form of site integration, landmark development, architectural enhancement, sculpture, and other techniques described in this document. The City has adopted regulations that require a developer or landowner seeking redevelopment to consider potential off-site impacts including streetscapes, which could be artistically enhanced. The City has regulations for landscaping and could recommend integration of art in public spaces or publicly viewed spaces in the landscape. Developers should also consider elements of art into the building design. 15 9. Funding This section describes the recommended funding mechanisms necessary to fully implement this strategic plan. These mechanisms include the adoption of a new and stable funding source for public art known as Ten Percent of Construction Sales Tax for art. Without a stable funding source the art program is less effective in supporting Arlington’s image as an artistic community and interesting place to live and visit. Ten Percent for Art from Construction Sales Tax This ordinance will allocate 10 percent of Arlington’s annual construction sales tax to a City budget fund for public art. With this fund, the City of Arlington would have a regular source of funding for public art. It is recognized that the annual amount designated for the fund will vary year to year based on the amount of construction. The funds in this account will carry over from year to year. The fund is also intended to cover installation and maintenance costs. 2018 Construction Sales Tax: 10 percent would be approximately $54,000 Construction Sales Tax History 2018 $549,203 2017 $565,934 2016 $498,757 2015 $352,800 Requiring a portion of sales tax from new construction is a funding mechanism for public art programs used by the City of Ellensburg since 2013. The fund is dedicated to arts related projects in Ellensburg. One Percent for Art from Public Projects (discontinued as of March 18, 2019) Requiring a percentage for art on public projects is a concept that was introduced in the 1960s. Arlington adopted this ordinance in 2007. However, due to the restrictions on which projects apply, there have been no deposits to the Art Fund from this one percent of construction costs of city projects. This ordinance is intended to discontinue if the 10 percent of construction sales tax for art is adopted. Public improvement projects, involving streetscapes, roads, pedestrian trails, public buildings, parks, and bridges, have major impacts on the aesthetics and quality of our environment. Therefore, these types of projects should be targeted for the inclusion of public art and in many cases site-integrated public art. The public art enhancements of the project are funded by requiring that one percentage of the total project budget be set aside for artistic improvements. City of Arlington Ordinance 3.82.020 as written excludes: project amounts funded with community development block grants, federal (except transit related), state and local grants, projects involving public road maintenance projects, stormwater, water and wastewater projects and airport airfield and airport leased structures. 16 Direct City Funding The City of Arlington has provided funding to cover the costs of the administration of the Public Art Program with the General Fund, Community Revitalization Project Manager budget. Additionally, the City has directly funded several public art projects, generally in relation to a larger project. Examples include mosaics in the retaining wall of 67th Ave./Centennial Trail. The City has also done smaller projects with City funding, such as community revitalization department projects. The City has allocated approximately $2,000 per year for public art maintenance and keeps a maintenance schedule for public art. Donation and Gifts Donations of public art from the Arlington Arts Council have funded the majority of the public art in Arlington. The acceptance of donations and gifts is outlined in the policies adopted by the Public Art Committee. The Arlington Arts Council’s public art fundraiser is a laborious event, and the Council is uncertain about the future of the fundraiser. If the fundraiser is discontinued, art valued at approximately $6,000-$10,000 per year would not be donated. Fundraising and Grants Fundraising and grants may be other sources of funding for public art projects in the City of Arlington. For fund raising to be truly effective there would need to be a commitment of staff and volunteers, and financial resources. Tourism (Hotel/Motel Tax) Grants and Snohomish County Heritage Grants are also a possible funding for public art projects and have been received by the City of Arlington to fund projects including the Centennial Trail Mile Marker Project, and Art Walk signage, with additional funding from Arlington Arts Council. There are opportunities to apply for grants through the National Endowment for the Arts: Our Town Grant. These projects require a partnership between a nonprofit and government. They are matching grants and range from $25,000 to $200,000. 17 10. Implementation Activities This section describes the recommended activities to fully implement this Strategic Plan. These activities include creating a program to ensure the inclusion of site-integrated art in public projects, adopting a 10-percent from construction sales tax program, and working with the private sector. A. Site-Integrated Art Program To ensure that site-integrated art is included in Arlington projects, the Arlington Public Art Committee will identify capital improvement projects that are appropriate for art. The proposed list of projects will become part of the art plan and will be approved by City Council. The Arlington Public Art Committee will annually review the list of projects and recommend which projects meet the program criteria. The Arlington Public Art Committee and staff will partner with the Community Development Department and Public Works Department to incorporate site-integrated art and thus provide funds in the overall budget for art improvements on these projects. B. Ten Percent for Art Program In order to provide a stable funding source for including art in Arlington projects, Arlington City Council will create the 10-percent of construction sales tax for art program. The program will address the type of projects to be included, the percent for art allocated, and an appropriate administrative process. The proposed ordinance will be presented to the City Council for its review and approval. Upon approval funding will be allocated to the Public Art Fund retroactively from 2017 and 2018 construction sales tax revenues. Estimated funding from 2017 and 2018 combined is approximately $95,000. C. Public and Private Partnerships The City has adopted regulations in the Complete Street Program that require a developer or landowner seeking redevelopment to consider potential streetscape and art opportunities. It is the responsibility of the Community Development Department to review and consider the impacts produced by these development and redevelopment projects. The Community Development Department should help to inform developers and landowners of their potential opportunities for streetscape and public art improvements as properties are developed or redeveloped. Additionally, the Public Art manager (Community Revitalization Project Manager) should continue to be informed of such applications to the City and be afforded an opportunity to provide input on relevant issues with respect to streetscape and public art opportunities. A formal administrative process for Arlington Public Art Committee involvement should be developed by the City to allow for formal review of using adopted guidelines. D. Neighborhood Visual Improvements with Public Art Neighborhoods will be given the opportunity to submit requests for funding of public art that will enhance or revitalize neighborhood common areas. This will be outlined in the Public Art Committee process. The City will provide guiding support to neighborhoods, as we recognize the value of public art as a tool for fostering community revitalization, social connections and healthier neighborhoods. 18 11. Public Art Committee and Process Revised January 2019 The City of Arlington appointed the Arlington Arts Council to inspire the community with creative and unique experiences in public spaces. The City of Arlington and the Arlington Arts Council strive to provide a creative environment for working artists and opportunities for them to display art in public places. The Arlington Arts Council and City of Arlington created the Public Art Committee (PAC) to: A. Propose and implement art works and projects that will be displayed in spaces easily accessible and visible to citizens and visitors. Such public art shall be consistent with the Comprehensive Plan goals. B. Cooperate and work with other organizations, both public and private, such as the Arlington School District, Chamber of Commerce, Arlington Downtown Business Association, Snohomish County Arts Commission, and the Arlington Library, and neighborhood associations. C. Provide a creative environment for working artists and opportunities for them to display art in public places. D. Obtain comments, suggestions, and support from the community and its artists in the expenditure of public art funds. E. In coordination with City staff, identify appropriate sites for artwork projects. F. Educate the public concerning public art. G. Solicit project proposals from Arlington neighborhoods and from the Arlington community on an annual basis. APPOINTMENTS AND STAFFING 1. The Committee shall consist of no fewer than five and no more than nine persons as determined by the needs of the committee. 2. The Chair of the Public Art Committee shall be selected by the Arlington Arts Council. 3. The Mayor will designate one member from the City Council and one member from the Parks Arts and Recreation Commission to sit on the committee for liaison purposes, as a voting member. 4. The Arts Council may appoint community members to the committee. 5. The City of Arlington Community Revitalization Project Manager will work with the Public Art Committee to develop and implement public artwork projects. 6. The City of Arlington will provide either public works staff or contracted personnel to install public artwork projects, as needed, on a project-by-project basis. Contracted work shall be paid for out of the art fund. 19 INCLUSIONS AND EXCLUSIONS A. Inclusions: The money from the Public Art Fund may be expended for the following: 1. The cost of the work of art. 2. Identification plaques and labels to be placed on or adjacent to the artwork. 3. Water works, electrical or mechanical devices, or equipment, which are necessary for the installation and functioning of the artwork. 4. Pedestal or base, frames and mats etc. necessary for the proper presentation of the artwork. 5. Site work. For existing sites, alteration or restoration necessary for installation of the artwork. 6. Conservation (maintenance, restoration, renovation, illumination or relocation) of city owned public artwork. 7. Cost for legal review, cost for prospectus and advertising. 8. Reproductions of original art (banners, utility wraps, murals, etc.). B. Exclusions: Money from the Public Art Fund may not be expended for the following: 1. Objects that are mass produced. 2. Ongoing electrical, hydraulic or maintenance services for activation of an artwork, or utility costs. RESPONSIBILITIES A. The Public Art Committee will: 1. Solicit public art proposals from community and neighborhood organizations at least once per year. 2. Define candidate art projects. 3. Work with City officials and consultants when appropriate, to recommend sites for artwork, and when desirable, the means for participation of the artist in overall project design. 4. In partnership with City staff, establish guidelines for installation, maintenance, and relocation of artworks. 5. Determine the methods of selection and commissioning artists, and for reviewing the design, placement of, and acceptance of works of art funded. 6. Select a panel to evaluate proposals. 7. Consult with City official(s) regarding the execution, placement and implementation of art work. 8. Receive approval from the appropriate City official(s) of any proposed artwork requiring extensive maintenance prior to the implementation of the project. 9. Submit the recommendation for the artwork and the budget to the Parks Arts and Recreation Commission for approval prior to submission to the City Council. B. The City will: 1. Provide information regarding the amount deposited in the Public Art Fund. 2. Provide information on new capital improvement projects. 3. Provide space for public exhibition of project proposals or public art materials. 20 4. Provide security and insurance of the public artwork, upon written acceptance and ownership by the City of Arlington. 5. Assume the cost of maintaining and repairing public artwork, unless otherwise noted. 6. Provide appropriate City staff to review, advise and approve the proposed artwork based on public safety, technical feasibility of installation; and when necessary, facilitate the installation of the artwork. 7. Develop the necessary artist contract for each project and present to City for review and acceptance. 8. Oversee progress on each project with assistance from PAC. 9. Consider and respond to the need for project changes as proposed by the Artist, as work develops. 10. Document completed art projects. C. The Artists will: 1. Complete commissioned work in a timely and professional manner. 2. Maintain a close working relationship with the Public Art Committee and City officials. 3. Request review and approval from Public Art Committee should any significant change occur in design of work. 4. Make a presentation, if requested, to the Public Art Committee on the development or progress of the artwork. 5. Coordinate the installation of the artwork, unless otherwise stipulated in the contract. 6. Assume liability for the artwork, until final acceptance by the City of Arlington. 7. Complete conservation records that include (if appropriate): a. Specific materials and sources used in the execution of the piece b. Methods of fabrication c. Installation specifications, description and diagram of structural support, company or person involved in installation d. Method and frequency of maintenance 8. Respond to the City’s concerns regarding vandalism and public safety through all phases of the artwork, including post-installation. 9. Estimate the life of the work and guarantee the work for a minimum of one year after installation or as provided in the contract. SELECTION PROCEDURES FOR COMMISSIONED WORK A. Criteria for Selection: 1. Artistic excellence and appropriateness will be the primary criterion for selection. 2. Selection will be based on artist’s past work, quality, durability, and feasibility of proposals, artist’s performance records. 3. When appropriate, priority will be given to artists with local or regional emphasis and backgrounds. 4. Present members of the Public Art Committee and their immediate family are not excluded from submitting proposal. They would leave the room during discussion, scoring and deliberation. 21 B. Selection Process: 1. Selection shall be by Public Art Committee. The Committee will adequately publicize all commissioned public artwork projects and will conduct a fair and open selection process. 2. One of the following methods of selection may be used: a. OPEN COMPETITION: All artists eligible to enter. The Public Art Committee will broadly publicize the application criteria and procedures at least one month prior to selection b. LIMITED COMPETITION: The Public Art Committee will consider three or more artists and invite them to prepare a proposal or solicit from a region. c. DIRECT SELECTION: The artist or artwork will be chosen by the Public Art Committee. Artists or artworks must be considered through review of slides, photos, or actual works. C. Jury Selection and Responsibilities: 1. The Public Art Committee will serve as jurors. 2. The Committee may bring in additional jurors if desired, including community representatives, professional artists, and design professionals. 3. The Public Art Committee will give instructions concerning criteria to be used in judging and instruction on confidentiality and conflict of interest issues. 4. The jury will be instructed to select an artist to develop artwork or to select a specific artwork as proposed. 5. If consensus cannot be reached, then a vote shall be taken, with the majority carrying the decision. 6. The jury may have the option of making no selection, if there is insufficient merit and/or information to make a selection. If no selection is made, a new selection process may be initiated. 7. The jury’s selection will be reported to the Arlington Arts Council, the Parks, Arts and Recreation Commission and City Council. A written report of the jury’s reasons for their selection will be submitted. ADMINISTRATIVE PROCEDURES FOR COMMISSIONED WORK The Public Art Committee will: 1. Submit the project concept and budget to the City Administrator or designated employee who will review the proposal with appropriate City staff, and advise the Public Art Committee of technical or legal issues relevant to the proposed project. 2. Present the project to the Parks Arts and Recreation Commission for approval to forward to City Council for approval. 3. A representative from the Public Art Committee or PARC will present to City Council a comprehensive proposal including budget, personnel, documentation and rationale for the project. C. The City will enter into a contract with the selected artist. Payments to the artist shall be in proportion to materials purchased, and services actually performed and completed. Payments will be paid upon submission of the artist’s invoice, according to payment schedule, as agreed upon in the contract. 22 D. In the event of termination of a contract or an artist’s inability to complete the contract, the Public Art Committee reserves the right to appoint such artists or technicians as are necessary to complete the project. RECEIPTS OF GIFTS OF ART A. Proposed gifts of works of art are to be referred to the Public Art Committee for review and recommendation to the City. The review will be based on: 1. Quality of the work. 2. Artist’s integrity and appropriateness to the collection and to the Public Art Program mission. 3. Maintenance requirements. 4. Donor conditions. 5. Availability of an appropriate site for the work. 6. Appropriateness of the proposed site. ANNUAL CALL FOR ART PROJECTS A. Advertise call for proposals to City of Arlington neighborhoods/community at a set time each year. Other proposals may be recruited and reviewed during the year. B. Selection Process: 1. Public Art Committee shall review all proposals 2. Public Art Committee will make recommendation to Park Arts and Recreation Commission and City Council for funding expenditures for the following budgeted year. 23 12. Public Art Strategic Plan and Arlington Planning Documents This planning document follows other plans adopted and utilized by the City of Arlington, including:  Parks and Recreation Master Plan  Complete Streets Program  Comprehensive Plan 24 13. City of Arlington Ordinances Regarding Public Art Chapter 3.82 – Funding for Arlington Arts Programs (revised ordinance on March 18, 2019) 3.82.010 - Definitions. The following definitions shall apply: For purposes of this chapter, the following definitions shall apply: "Arts fund" means the fund created by Section 3.82.030 of this chapter. "Arts program" means any arts program established pursuant to this chapter or other ordinance of the city. "Public art" means any original creation of visual art that is:  Acquired with public money;  Acquired with a combination of public/private funding;  Donated or loaned to the City's public art program;  Privately sponsored artwork that is located on publicly owned land; or  Created or displayed on private property to be viewed by the general public. The term "Public art" shall also include the installation, improvement, replacement, repair, maintenance or operation of visual art pieces in the City of Arlington. "Public art may also include an area or space specifically designed, constructed and managed as a display area for visual media or a performance venue for performing media. 3.82.030 – Arlington arts fund created There is hereby created a fund known as the Arlington arts fund. All public and private donations, direct appropriations from the city of Arlington budget, and all charges collected for public art pursuant to Arlington ordinances and this chapter sha·11 be placed in said fund for the purpose of paying all or any part of the costs and expenses related to (a) the acquisition, installation, addition, improvement, replacement, repair, modification, maintenance and operation of public art and public art-related projects within the city, and (b) other arts-related activities established by the city in its annual budget. 3.82.040 - Expenditures from Arlington arts fund There shall be no expenditures from the Arlington arts fund except for: Public art or public art-related projects which are approved and funded through the City's regular budget process; or Public art or public art-related projects which are recommended by the parks, arts and recreation commission and the mayor, and thereafter approved by the city council. 25 2.40.050 - Purpose and duties of the park, arts and recreation commission The work of the commission is to advise the mayor and city council in all matters related to the development and expansion of parks, arts and recreation facilities and programs and recommend purchase of new facilities for the beautification of the community and the enhancement of life for its citizens. The duties of the commission are to:  Develop a parks, arts and recreation comprehensive plan for the city and for future annexation areas.  Examine methods of funding, both from the city's annual budget, as well as attention to grants that may be available from outside sources.  Send their recommendations and requests to the city council to be placed on the regular council agenda for consideration. All actions taken by the PARC will be ratified by the city council in the normal manner, prior to said action being taken.  Once a year, physically examine the existing facilities and programs for improvements or changes and make a report to the mayor and council as to the findings and recommendations. An annual physical review by PARC will be conducted in May.  Once a year, review mitigation fees received from new construction for parks and recommend any needed changes to the mayor and city council.  Make recommendation to the mayor and city council about works of art to be located on public property.  Provide, as part of the budgeting process, a spending plan for the following year recommending the amount of funding to be dedicated to each art activity or purchase proposed for the year. 26 10. Public Art Collection The following is a list of Arlington’s Public Art Collection. This may not be an all-inclusive list. Centennial Fountain by Charles Bigger for Washington State Centennial In Centennial Park, Division Street Date: 1989, commissioned by City of Arlington “Species of the Westside” mural by Harry Engstrom On the Olympic Hill retaining wall Date: 2003, for Arlington's Centennial Paid for by the City of Arlington “The Run of Number One” mural Designed by Sher Willoughby and painted by Harry Engstrom and his Stillaguamish Valley School Mural Class. Location: south of Fourth Street facing Centennial Trail 2003, paid for by Stillaguamish Valley School Airplane mural by Harry Engstrom Location: Arlington Municipal Airport 2003 Paid for by City of Arlington Airport Mural retired (plywood) Community Garden mural by Tina Wilson On the garden shed in the Community Garden across from Arlington Library 2003 commissioned by the Arlington Garden Club “Tribute to Arlington Firefighters” collage by Arlene Swartz Arlington Fire Department 2003; purchased by Arlington Arts Council "Seven-foot Wingspan” painting by Verena Schwippert Location: Arlington High School Library Date: 2004 Paid for by the Arlington Arts Council “Salmon Spawning Pool” granite bench by Verena Schwippert Location: Centennial trail near Burke Street 2004, commissioned by Arlington Centennial- City of Arlington “Stilly Valley Victorian” mural by Harry Engstrom Facing Centennial Trail in the 400 block 2004, Paid for by City of Arlington PARC Glastar mural by Harry Engstrom Location: Arlington Municipal Airport Date: 2005 Paid for by Arlington Airport “Overhead/Underfoot” by Kathryn Glowen Bleeding Heart, Salmonberry, Staghorn Sumac and Columbine Location: City Hall Council Chambers Date: 2005 Paid for by Arlington Arts Council and City of Arlington “Dedicated to the Beauty of Earth” Sculpture by Verena Schwippert Location: Centennial Trail between Fourth and Fifth streets Date: 2005 Donated by Virginia Hatch in honor of Jim Hatch Mural at Kid’s Kloset by Carey Waterworth, Monica Yantis and other members of the AAC Location: A Building, old Arlington High School Date: 2005 Donated by Arlington Arts Council “Council of Salmon” by Marguerite Goff Location: City Hall south side exterior wall Date: 2007 Paid for by Arlington Arts Council & the City of Arlington 27 “Grandfather” sculpture by James Madison Location: Centennial Trail Date: 2007 City of Arlington & Arlington Arts Council "Raven Captures the Sun" sculpture by James Madison Location: north of Fifth Street on Centennial Trail Date: 2008, paid for by AAC and City of Arlington “Center of the Universe” sculpture by Kirk McLean Location: Plaza at Cityhall Purchased by City of Arlington & Arlington Arts Council Date: 2007 "Norwegian Story Pole" sculpture by Steve Jensen Location: Centennial Trail near Fourth Street Date: 2008 City of Arlington & Arlington Arts Council "Streamlife of the Stillaguamish River" mural by Harry Engstrom Westside of Olympic Hill Date: 2008 Arlington Arts Council & City of Arlington "The Labyrinth" designed by Sarah Lopez In Lebanon Park near Centennial Trail 2008, materials paid by AAC and installation by community volunteers "Flat Tire" by Lance Carleton Location: Legion Park/Centennial Trail Date: 2009 Arlington Arts Council "Waterline" granite sculptures by Verena Schwippert Location: Lebanon Park Date: 2011 Arlington Arts Council "Mayor Margaret's Eagle" bronze by Bill Matheson Location: City Council Chambers entrance Date: 2011 Arlington Arts Council Art banners on light posts around town, community art project 2006 - 2007 and again in 2011. Reprints made in 2012 for Edgecomb in 2014 for 67th Avenue Spider Bike Rack by Mike Nordine Location: Arlington Skatepark Date: 2012, purchased by Arlington Arts Council "Sound Garden" Interactive musical instruments Located south of Legion Park on the Centennial Trail. Installed 2012-2013, funded by AAC and the community Bird Mosaics by Renee O'Connor Inthe retaining wall on 67th Avenue/Centennial Trail. 2014, City of Arlington, as part of 67th Avenue project. "Rooted Embrace" metal sculpture by Debbi Rhodes Centennial Trail between Third and Fourth streets 2014, commissioned by Arlington Arts Council Haiku Poetry in 67th Avenue Plaza 2014 Paid for by City of Arlington with project. "Honoring Tenses of Time" sculpture by Julie Berger at the Community Transit Center 2014. Commissioned by Community Transit. "Transporting through Arlington" Mural on Mike Nordine's building at Centennial Trail by 4th Street. By youth with adult mentors. 2015 28 Kent Baker Memorial Bench at Legion Park 2015 by Lance Carleton Paid for by Donations. "Fishing the Stillaguamish" Osprey sculpture by Dan Brown on Haller Bridge 2015 Arlington Arts Council Community Garden Art murals by youth. 2015 "Embraced by Love" Globe mosaic at Legion Park Donation: Immaculate Conception Church for Centennial Celebration. 2016 Salmon Pole by Mike Nordine and AAC members 2016 "Dairy Queens" Mural by Harry Engstrom at the Co-op. 2016, City of Arlington The Bell on the Centennial Trail Bell by Steve Bryant, structure by Sarah Lopez 2016 Arlington Arts Council "Going to Ride" mural at Haller Park bridge pillar. Image by Janet Meyer, painted by AAC members 2016 Haiku Rocks at Terrace Park. Haiku by Jean Olson 2017 & 2018 by Carl Richardson Arlington Arts Council Terrace Park Stage 2017 mural refurbishing by Sarah Arney and Vicki Johnson. Centennial Trail mile marker mosaics by Renee O'Connor. 2017 Paid with grant funding. "Sir Hops Alot" granite frog at Haller Park By George Pratt. 2017 Arlington Arts Council Fence Art, owl near Arlington Police Station on Centennial Trail. By Erika Bruss and youth. Quilt Block mural at merchant's parking lot downtown. 2017 Led by Sarah Lopez, painted by AAC members Shiela Arnold, Marilyn Oertle, Jean Olson and Sarah Arney. City of Arlington Terrace Park Owl Murals by Erika Bruss & Kristina Yantis 2017 Arlington Arts Council Cows at Jensen Park by AAC members 2017 Haiku Benches at Terrace Park Engraved by Erika Bruss Arlington Arts Council 2018 "Rip Rap" sculpture by Reg Akright. A memorial to George Boulton. Placed by City Hall. 2018 Arlington Arts Council "Duck Dash" a reprint by Jack Gunter at Haller Park. 2018 Arlington Arts Council "Steelies" metal fish art, by Arlington Arts Council members- Monica Bretherton, Erika Bruss, Mike Nordine, Tim Johnson. Installed in 67th Ave. Medians 2018. Arlington Gateway Sign Art SR 530 Deer by Caroline Sumpter 2012 SR 530 Heron by Shinobu Kawaoka 2013 SR 9/SR 530 Horse Barn by Caroline Sumpter 2013 Smokey Point Raven by Barry Herem 2012 Island Crossing Fish by Maruerit Goff 2010 29 11. Projects with Potential for Public Art TYPE CONSTRUCTION PROJECT AREA TIMEFRAME- from 2019 POSSIBLE ART Commercial Commercial Development in Smokey Point Behind Safeway 173rd Place NE Public Street Roundabouts on 172nd Street/SR 531 43rd Ave NE 51st Ave NE 59th Ave NE 67th Ave NE With SR 531 project Sculpture, signage for Edgecomb area Private Residential and mixed use Hill Top Development SR 9 NW corner And SR 531 2019 Wetland area artwork Commercial Thompson Development NE corner of SR 9 and SR531 Public/Private Cedar Point, Baker Development 40th Ave Median Art, banners Public Street Kent Prairie Roundabout 204th and Olympic Ave. Sculpture, signage for Kent Prairie area Public Street 204th Street Master Plan From 77th to 67th With medians Within 3 years Median art Public Street Island Crossing Roundabout SR 530 Sculpture, signage for Island Crossing area Public Island Crossing Redevelopment Within 10 years Public Park Smokey Point Potential Park Smokey Point Blvd. Private Mixed use National Foods Project- mixed use, retail 172nd Street south 40 acres Within 5 years Potential for civic space Public Bus Pullouts 2 at 204th and 74th 204th and 77th 172nd and 40th Within 5 years Artistic bus shelters, designed by artist Private Residential and mixed use Affinity Near Safeway, Olympic Place area, 250 units Walking trail art Private Residential and mixed use The Villas Off of Smokey Point Blvd. 250 units. Continued next page… 30 Public Smokey Point Corridor Plan Between 173rd and 200th With Medians Later than 10 years Public Smokey Point Boulevard improvements to 43rd Public Highland Drive Corridor Plan Highland Drive Within 10 years Private Residential Brekus-Beach Development Tviet Rd area Private Residential Country Charm townhomes Public trail 74th Ave trail connection with Arlington Valley Rd benches 31 16. Potential Public Art Projects Below is a list of ideas that the Arlington Art Board and City Staff have discussed as potential art projects:  Winter banners for 67th Avenue  Mural of Retro Arlington Postcard  Artistic benches for Airport Boulevard  Obelisk Peace Pole at Centennial Trail near Haller Street  Wraps for metal utility/light signal boxes  Skatepark mural  Boys and Girls Club Mural  Mosaic seating wall at Splash Pad  Wayfinding signs  Neighborhood signs  Bike Racks  Metal art banners  Metal art bike racks  Crosswalk painted art  Chainsaw carved bench for Olympic and First Street sidewalk pad  Sculptures for entry of City hall parking lot and other landscape areas in downtown  Mural on courtyard of Minifie building  Barn Quilts  Median Art 32 17.Maps 33 34 35 18. Maintenance 36 37 19. Arlington Arts Council Description Submitted by Sarah Arney, AAC President Arlington Arts Council (AAC) formed a 501c3 in 2004 with the mission, “to bring art to Arlington.” AAC sprouted from the successful efforts of a committee that was formed to find public art honoring the City of Arlington’s Centennial Celebration in 2003. The mission of the 501c3 was established, “To bring art to Arlington” — all kinds of art for all ages including live music and art for youth, but public art was always the number one priority. AAC was committed to nurture an appreciation for art by providing a variety of art activities for all ages in the community, to support local artists with exhibit opportunities, and to inspire youth with a variety of art activities. Public art Since 2003, AAC has helped acquire more than 50 works of art for the community, including murals and sculptures along the Centennial Trail and around historic downtown Arlington as well as indoor art in public buildings. The City offered $10,000 for art for the Centennial, and AAC held its first auction, matching that amount. We commissioned Harry Engstrom to paint the “Species of the Westside,” mural on Olympic Hill and Verena Schwippert to sculpt the “Salmon Spawning Pool,” a bench placed on the Centennial Trail near Burke Street. Also for the Centennial, students from the Stilly Valley School helped Harry paint “Old Engine No. 1,” representing the role of the railroad in Arlington’s history. The City’s Parks, Arts and Recreation Commission also commissioned Harry to do a mural, the “Stilly Valley Victorian,” on the back of the bowling alley. In subsequent years, the City matched funds raised by AAC at its annual Fall into Art Auction. AAC continued to acquire at least one work of public art each year, with other miscellaneous projects as opportunities arose. When the new police station opened, AAC purchased Kathryn Glowen’s “Overhead Underfoot,” for the new City Council Chambers. AAC designed entry signs for the city, using its own funds to pay for the first sign featuring salmon by Marguerite Goff, that also appear on City Hall, with plans to find different artwork for each major entry. The City then acquired Snohomish County Tourism Grants to pay for the other entries. AAC members also painted banners that were reproduced for light poles around the City. After the economy crashed in 2008, the City stopped providing matching funds for AAC’s public art projects, but AAC continued to acquire art for the community, reaching more than 50 pieces in recent years. Exhibit opportunities for local artists As member artists expressed their desire to have opportunities to show and sell their work, AAC explored several different art show events through the years, beginning with Art at the Plant Farm, Art at Biringer’s Strawberry Festival and Art at the Barn in Oso, and finally settling on Art in Legion Park, 38 which is now held on the second weekend in September every year. AAC also sponsors the Eagle Photography Contest and Nature Art Show for Arlington’s Stillaguamish Eagle Festival. Since the year of the Centennial, AAC has been exhibiting members’ artwork at Arlington Library, rotating the exhibit quarterly. We show AAC members’ art at Harman Eye Clinic for three months each year, January through March. AAC seeks to inspire artists with interesting speakers and demonstrations at monthly meetings at the Arlington Boys and Girls Club. Youth Engaged in Art AAC offers hands-on art projects for youth of all ages at Arlington’s Eagle Festival, at DABA’s Arlington Street Fair, and at AAC’s annual Art in Legion Park. For many years we taught monthly art projects at the Boys & Girls Club. Live music With support from the City’s Tourism Grant Program, AAC has been able to offer concerts at the Byrnes Performing Arts Center through the years. We have settled on one concert, which has developed a good reputation in the blues music community around Puget Sound. As a result of the grant funding, proceeds from Legends of the Blues have supplemented AAC’s annual budget in recent years by about $4,000 to $7,000. Fundraising AAC presents one major fundraiser each year: the Fall into Art Auction on the third Saturday of October. The evening celebration of the arts in Arlington includes two silent and a live auction, live music and a dinner, with annual attendance of around 100 people. Income has ranged from a high of $12,000 to less than $8,000. The auction is produced by the AAC’s board of directors—10 volunteers — with donations and help from AAC members and community businesses and individuals. With the income from the concerts, AAC has been able to spend about $12,000 per year on public art and projects. AAC is a conservative group that prefers to spend less money on more art, rather than spending all the money on just one piece of art. AAC helps its members develop their skills and resumes by proving the cost of materials for art projects, such as the owl mural at Terrace Park by Erika Bruss and Kristina Yantis, and the more recent Steelies sculptures for the 67th Avenue median by Monica Bretherton, Erika Bruss, Mike Nordine and Tim Johnson. They gave their time and energy to create these significant artworks. Members From the group of 6 or 8 artists and art advocates who first started meeting in the back of a bookstore in downtown Arlington, membership has grown to average around 50 paying members, with about 20 regular active members. AAC meets on the second Tuesday every month at Arlington Boys & Girls Club. Doors open for set-up at 5 p.m.; demonstration speakers start at 5:30 and a short business meeting starts at 6:30 p.m. Visitors are always welcome. 39 40 Comments from the Public (Facebook February, 2019): Heather Northup “I can't look at this piece without remembering this. Arlington art is as strong as the sense of smell or hearing a song to take me back to a moment. Both of my boys love this one. To be fair, they love them all! My boys and I do the art walk nearly daily March- Oct. Our favorites are the "water mountain" and the Owl. Precious memories I wouldn't trade for anything.” Angie Donnelson “I love how Arlington's art tells some of the history and story of Arlington and the land and creatures and peoples who live here. My favorite works are Harry Engstrom's train mural on the back of Action Sports and the mural on the south hill of Olympic Avenue. There always seems to be something to notice there. I think the impact the art in our town has on Arlington is that it inspires joy and introspection, and that it encourages people to slow down and appreciate where they are.” Jacqui Reach “We live just up the hill from downtown. Walking past the mural on Olympic is a favorite of my daughter (she is two). She loves pointing out all the animals, and can correctly identify almost all of them now, from elk, to geese, to cougar to ducks. She loves it!” The Art of Arlington May 2021 Leaping Bunnies for Division Street by Sarah Arney 2021 Postcard Murals coming soon… 2021 Kent Prairie Roundabout Tractor 2020 AeroVane at Airport Office by Wayne Kangas 2021 Rock Cradled, Centennial Trail by Dan Freeman 2021 Going with the Flow, Airport Blvd. by Verena Schwippert 2020 Coastal Community Bank’s Mural by Harry Engstrom 2020 Eagles Come Home at Gleneagle entrance by Caroline Sumpter 2020 Airport Blvd Bench Sarah Arney 2020/2021 Skatepark Mural 2020 Library Shed Mural by Erika Bruss 2020 Owl by Jacob Lucas 2020 Community Garden Gate by Caroline Sumpter 2020 Art Banners for Smokey Point (reprints) 2020 Fence Bee Art by Erika Bruss & Friends 2019 Community Garden Mural by Debi Tucker 2019 Bench Painting Vicki Johnson, Sarah Arney, Monica Bretherton 2018 -2019 “Pause” Cascade Granite Bench Arlington Valley Rd by Verena Schwippert, 2019 “Ottoman” Granite Bench, Arlington Valley Road by Verena Schwippert 2019 Silent Hunter Wood Cougar Bench by Jacob Lucas 2019 Steelies for 67th Avenue Medians by Monica Bretherton, Erika Bruss, Mike Nordine, Tim Johnson 2018 The Depot Barn Quilt Trail Block 2018 Mini Electric City by Janet Myer & Don Morley 2018 Duck Dash by Jack Gunter at Haller Park 2018 Rip Rap by Reg Akright A Memorial to George Boulton 2018 Haiku Rock at Terrace Park 2018 poem by Carl Richardson Haiku benches at Terrace Park engraved by volunteer artist Erika Bruss 2018 Cows Return to Jensen Park 2017 Stream Signs/ Metal Fish by Mike Nordine 2017 Kaleidoscope at Terrace Park 2017 by Erika Bruss Owl Silhouettes Terrace Park Shelter 2017 by Kristina Yantis and Erika Bruss Quilt Squares 2017 Led by Sarah Lopez Painted by Shiela Arnold, Jean Olson, Marilyn Oertle, Sarah Arney Terrace Park Stage Refurbish 2017 by Sarah Arney & Vicki Johnson Owl Fence Art 2017 Led by Erika Bruss “Sir Hops A Lot” at Haller Park 2017 By George Pratt Painting for the Stillaguamish Conference Room 2017 by Vicki Johnson Collection of Paintings for the Stillaguamish Conference Room 2017 by Christina Harvey Centennial Trail Mile Markers 2017 by Renee O’Connor Haiku Rock Terrace Park 2017 Poem by Jean Olson Going to Ride Haller Park 2016 by Janet Myer painted by AAC members The Bell on the Centennial Trail 2016 Bell by Steve Bryant, Structure by Sarah Lopez Dairy Queens mural by Harry Engstrom located at Co-Op 2016 The Musicians Sound Garden mural reprint on metal 2016 Salmon Pole by Mike Nordine and AAC members 2016 Embraced by Love 2016 Donated by: Immaculate Conception Catholic Church Fish Pole at Legion Park new fish 2016 Community Garden Art by youth at 2015 Art in Legion Park Billboard at Island Crossing 2015 Fishing the Stillaguamish osprey sculpture by Dan Brown 2015 Haller Bridge, Centennial Trail Kent Baker Memorial Bench by Lance Carleton 2015 Starry Night Tribute to Vincent Van Gogh by 4th graders at Eagle Creek Elementary & Erika Bruss 2013, donated in 2015 to City Hall Transporting through Arlington by youth, with adult mentors Jillian Mattison, Henri Wilson and Karla Benjamin and AAC Members 2015 Marysville and Northern No. 2 by Jacques Drapeau Depot Visitor Center Honoring –Tenses of Time by Julie Berger Community Transit Center 2014 Rooted Embrace by Debbi Rhodes 2014 Bird Mosaics on 67th Avenue, Centennial Trail by Renee O’Connor 2014 Haiku Poetry in 67th Avenue Plaza 2014 Banner reprints for 67th Avenue 2014 Arlington Art Walk signage on I-5 and SR 530 2014 Reclaiming Futures Public Works mural by youth and artists Jillian Mattison and Henri Wilson PAIR –Pairing Artists in Recovery 2014 SR 530 Entryway Sign art by Shinobu Kawaoka 2013 SR 9 North Entryway Sign art by Caroline Sumpter 2013 Smokey Point Entryway Sign art by Barry Herem 2012 SR 9 South Entryway Sign art by Caroline Sumpter 2012 Island Crossing Entryway Sign fish by Marguerite Goff lettering by Lance Carleton 2010-11 Sound Garden completed 2013 The Musicians by Jim Walker, painted by Anthony Gaskin 2012 Swirl in the Sound Garden 2012 Terrace Park stage mural designed by Christina Harvey, painted by youth 2012 Patriotic Star mosaic by Erika Bruss & Sarah Lopez 2012 Spider bike rack by Mike Nordine 2012 Train Art in the Depot by Rocky Barrick 2012 Two Eagles & Bear donated by carver Dave Tremko 2012 Mayor Margaret’s Eagle by Bill Matheson 2011 Waterline by Verena Schwippert 2011 Eagle by Debbie Tremko 2011 Stilly River in Early Morning Fog by Camelia Nahlik 2011 displayed in City Hall Original Banners 2011-2013 Banners for Edgecomb reprinted in 2011 Resilience by Joe Powers 2011 Snohomish County Arts Commission Into the Stilly Valley by Cheri O’Brien Downtown Arlington Business Association 2011 Snowman Extravaganza Terry Marsh & Downtown Arlington Business Association 2010-2011 Mukilteo Traffic Jam by Jack Gunter 2010 Arlington Airport Office Reprinted Banners for Smokey Point 2010 Watershed Wood Model Stillaguamish Valley Pioneer Museum 2010 Cascade Valley Hospital Art Collection 2009 Some Things Fishy in Arlington Community Project 2009-2010 Flat Tire by Lance Carleton 2009 Raven Captures the Sun by James Madison 2008 Stream Life of the Stillaguamish River by Harry Engstrom 2008 The Labyrinth designed by Sarah Lopez, built by volunteers 2008 Grandfather by James Madison 2007 Center of the Universe by Kirk McLean 2007 Council of Salmon by Marguerite Goff 2007 Norwegian Story Pole by Steve Jensen 2006 The Banner Project 2006-2007 Murals at Arlington Airport by Harry Engstrom Birdwatch-Bleeding Heart By Kathryn Glowen Overhead/Underfoot by Kathryn Glowen 2005 Dedicated to the Beauty of Earth by Verena Schwippert 2005 Stilly Valley Victorian by Harry Engstrom 2004 Three Beauties (retired from display) by Harry Engstrom 2004 Salmon Spawning Pool Verena Schwippert 2004 Time Capsule Kurt McVay,Cuz Concrete & Masons 2003 Species of the Westside by Harry Engstrom 2003 Run of Number One mural by Harry Engstrom & Stillaguamish Valley School Mural Class 2003 Centennial Park Art by Fourth Graders, 1989 The Centennial Fountain Charles Bigger 1989 TYPE CONSTRUCTION PROJECT AREA TIMEFRAME- from 2019 POSSIBLE ART ESTIMATED COST Commercial Commercial Development in Smokey Point Behind Safeway 173rd Street/SR 531 51st Ave NE 59th Ave NE th project Edgecomb area ($15,000 to $25,000 each) 204th and 77th nd years designed by artist $20,000 Residential area, 250 units From Strategic Art Plan 2019 page 29-30 Additional Potential Public Art Projects from Strategic Art Plan 2019 page 31 Below is a list of ideas that the Arlington Art Board and City Staff have discussed as potential art projects and estimated costs: • Winter banners for 67th Avenue $10,000 • Mural of Retro Arlington Postcard - done • Artistic benches for Airport Boulevard – in process, plus two more $20,000 • Obelisk Peace Pole at Centennial Trail near Haller Street – in process • Wraps for metal utility/light signal boxes $5,000 each • Skatepark mural - done • Boys and Girls Club Mural $10,000 • Mosaic seating wall at Splash Pad $15,000 • Wayfinding signs • Neighborhood signs • Bike Racks $5,000 - $15,000 • Metal art banners $5,000- $15,000 • Chainsaw carved bench for Olympic and First Street sidewalk pad - done • Sculptures for entry of City hall parking lot and other landscape areas in downtown (Dancing Bears) • Mural on courtyard of Minifie building $20,000 • Median Art New additions since 2019 plan • Cemetery outbuilding mural (potential 2022 project) $10,000 • Fence art/beautification (Haller Park well fence, Centennial Trail Fence) $20,000-$50,000 • Skatepark- additional murals $10,000 • Haller Ave revitalization – mural on back of Grocery Outlet, neighborhood sign $25,000 • Bench for Smokey Point bus stop plaza at Senior Center “Wonderland” $10,000 • Haller Bridge continue nature theme sculptures on bridge $10,000 • Mural on 67th on building facing Gleneagle $20,000 • Alley art murals downtown $5,000 Strategic Art Plan: http://arlingtonwa.gov/DocumentCenter/View/2419/Public-Art-Strategic-Plan-2019-final