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HomeMy WebLinkAbout09-13-21 Council Workshop To join Zoom meeting, click here. Meeting ID: 845 3812 4216 Passcode: 819372 To join with mobile: 1-253-215-8782 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WSDOT Representative Chris Damitio will provide a briefing on SR 531. Introduced by Jim Kelly PROCLAMATION Childhood Cancer Awareness Month ATTACHMENT A Read by Council member Heather Logan WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Contract update with Zachor, Stock, and Krepps, Inc., P.S. ATTACHMENT B Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 2. American Rescue Plan Act of 2021 Budget ATTACHMENT C Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 3. Transfer Management of Hadley Hall to Boys & Girls Club ATTACHMENT D Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle Arlington City Council Workshop Monday, September 13, 2021 at 7:00 pm 4. Authorization to Apply for 2022 Hotel-Motel Small Fund ATTACHMENT E Grant (Tourism Grant) Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle 5. Public Art for 59th Avenue Complete Streets Project ATTACHMENT F Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle 6. Acceptance of FAA Funds from American Rescue Plan Act of 2021 ATTACHMENT G Staff Presentation: Dave Ryan Council Liaison: Michele Blythe 7. Waterline Extension Agreement with Fire District 21 ATTACHMENT H Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 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 Jan Schuette / Mayor Barb Tolbert PROCLAMATIONCHILDHOOD CANCER AWARENESS MONTH WHEREAS, each year in the United States more than 15,780 children from birth to 19 years old are diagnosed with cancer, equal to about 42 childhood cancer diagnoses each day; and WHEREAS, approximately one in 285 children in the United States will be diagnosed with cancer before their twentieth birthday with this number increasing each year; and WHEREAS, each year worldwide, there are more than 300,000 new childhood cancer diagnoses, equal to about every 3 minutes a family will hear the words ‘Your child has cancer’; and WHEREAS, although the five-year survival rate for childhood cancers has reached 84 percent, nearly 1,500 American children under the age of nineteen still die each year from cancer, making it the leading killer of children by disease; and WHEREAS, two thirds that do survive will face at least one chronic health condition later on in life – not limited, but including – heart, liver, lung damage, infertility, secondary cancers and growth deficits; and WHEREAS, the causes of childhood cancer are largely unknown and more studies are needed to understand which treatments work best for children; and WHEREAS, cancer treatment for children often must differ from traditional adult treatments to take into account children’s developmental needs and other factors – there are more types/variances of childhood cancers than adult cancers; and WHEREAS, there are hundreds of children being treated for cancer in Washington State with locations at Seattle Children’s Hospital (Seattle), Mary Bridge Hospital (Tacoma) and Shriners Hospitals for Children (Spokane); and WHEREAS, Washington is a caring state and community that supports children and families; NOW, THEREFORE, I, Barbara Tolbert, Mayor of the City of Arlington, do hereby proclaim September 2021 as CHILDHOOD CANCER AWARENESS MONTH ___________________________ ______________________ Barbara Tolbert Date City of Arlington Council Agenda Bill Item: WS #1 Attachment B Thomas, Inc., P.S. to Zachor, Stock, and Krepps, Inc., P.S. CONSULTANT SERVICES AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into between the City of Arlington, a Washington municipal corporation (hereinafter referred to as the "City"), and the Law Offices of Zachor & Thomas, Inc., P.S. (hereinafter referred to as the "Consultant"). WHEREAS, the City wishes to contract with a skilled firm with attorneys familiar with the prosecution of criminal and infraction matters involving allegations of violation of municipal ordinances; WHEREAS, the Consultant and its attorneys are licensed to practice law in the State of Washington and have experience as prosecutors within the State of Washington and the City of Arlington; WHEREAS, the City and the Consultant have a current contract for prosecutorial services that expired on December 31st, 2020; and WHEREAS, the City has been satisfied with the services of the Consultant; NOW THEREFORE, in consideration of the mutual promises and benefits to be derived, this Agreement is entered into on a date specified hereafter between the City and the Consultant, subject to the terms and conditions set forth below: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work, and shall consist of the following: 2.1. Base Rate: The Prosecutor shall receive a monthly retainer of $18,250.00 per month for performance of those duties set forth in Attachment A, Scope of Work for calendar year 2021. As of January 1, 2022, the base rate shall increase to $18,797.50, and effective January 1, 2023 the monthly base rate shall increase to $19,361.43. 2.2. Hourly Rate. Services performed outside the scope of work described in Attachment A, or which may be mutually agreed upon to be added at a later date, or additional court calendars or appearances scheduled by the court, shall be in addition to the base rate set forth in paragraph 2.1. Absent a separate agreement, those services shall be billed at a rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per hour. Any Rules of Appeal of Decisions of Courts of Limited Jurisdiction ( RALJ ) case filed in Superior Court, shall be billed at the rate of ONE HUNDRED FIFTY DOLLARS ($150.00) per hour. 2 Forfeitures cases not resulting in a trial or set for trial shall be billed at a flat rate of $300 dollars per case so long as they are filed with the Snohomish County District Court. Should a forfeiture case be set for trial, the Prosecuting Attorney shall bill hourly at $150.00 an hour for trial preparation and trial time. Any other cases filed at the Court of Appeals; cases filed at the Supreme Court; cases filed in another Division of the Snohomish County District Court; forfeiture cases filed in courts other than the Snohomish County District Court, and such other activities agreed to by the City and the Prosecutor, shall be billed at ONE HUNDRED SEVENTY FIVE DOLLARS ($175.00) per hour. The Consultant shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court. 2.3 Fees Review. The schedule of fees provided for in paragraph 2.1 and 2.2 shall apply for the contract period reflected in Article 4. Should the court substantially alter the requirements of the Consultant, the Consultant shall provide notification to the City. Changes in fees shall be proposed by the Consultant to the Mayor. Any changes must be mutually agreed to by the Mayor and the Consultant, and then must be approved by the Arlington City Council. Upon acceptance by all parties, the changes will be made a part of this Agreement. 2.4 Costs. The City shall be the sole obligor and shall pay all witness fees, expert witness fees (including but not limited to Speed Measuring Device Experts), transcript and document fee’s and interpreters’ fees determined to be necessary by the Consultant in the preparation and disposition of its cases. The City shall approve all other anticipated fees, before such expense is incurred. The City will not unreasonably delay in granting approval of such expenses. The City further agrees to hold the Consultant harmless from such expenses and costs as set forth hereinabove. 2.5 Assistant Prosecutors. The City contracts with the Consultant for a monthly fee for prosecution services. Should the Consultant be absent, it shall be the responsibility of the Consultant to provide substitute coverage with a properly licensed State of Washington attorney, who has been previously approved by the Court. If a “Conflict Prosecutor” is required, such “Conflict Prosecutor” shall be approved by the City through its Court. The City is responsible for any costs associated with the “Conflict Prosecutor,” where there is an actual conflict with the City. 3. Ownership and use of documents. All City files and other documents maintained by the Consultant shall be the files of the City and accessible by the City through its City Attorney or other duly authorized representative during normal business hours, subject to the Washington State Bar Association Rules of Ethics. At the request of the City, any and all 3 files maintained by the Consultant shall be tendered to the City, subject to the terms and conditions of this Agreement and the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the City shall remain the sole property of the City. Any equipment, facilities and materials provided by the Consultant shall remain the sole property of the Consultant. 4. Term of Contract. The term of this Agreement shall be from the 1st day of January, 2021 through December 31, 2023. Upon the effective date of this Agreement, all other existing contracts and/or agreements between the parties for prosecutorial services shall terminate. The Consultant shall submit a proposed renewal contract for future calendar years prior to the expiration of 2023; provided, however, that if no negotiations shall occur, or if no agreement has been reached, this contract shall be renewed automatically each calendar year, subject to the same terms and conditions set forth herein. Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. 5.1 CONSULTANTshall, at its sole expense, defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful or negligent acts, errors or omissions of the CONSULTANT or the CONSULTANT’s agents, employees or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or the CITY’s agents or employees. 5.2 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 6. Liability Insurance. During the term of this contract, the CONSULTANT shall maintain professional liability and malpractice insurance that shall provide coverage for anyone acting for or on behalf of the CONSULTANT in the performance of this contract, unless the acting attorney carries his or her own policy consistent with this Agreement. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington and shall have minimum policy limits of TWO MILLION DOLLARS ($2,000,000.00) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate. Deleted: or caused by the concurrent negligence of CITY or CITY’s employees or agents and CONSULTANT or CONSULTANT’s employees or agents shall apply only to the extent of the Deleted: Deleted: Deleted: Deleted: event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the CONSULTANT's liability, including the duty and cost to defend, hereunder shall be only to the extent of the CONSULTANT’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. CONSULTANT certifies, by signing this Agreement, that this indemnification provision Deleted: Deleted: General and Consultant liability insuranceof the Agreement, insurance against claims for injuries to Formatted: Font: Bold Deleted: That d Deleted: life Deleted: LU Deleted: c Deleted: the Prosecuting Attorney Commented [JMZ3]: This language is consistent with past contracts and current contracts with other cities. Deleted: 6.1 Insurance Term. The CONSULTANT shall procure and maintain for the duration of the Project, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its ... Deleted: 6.3.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall ... Deleted: 6.3.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover ... Deleted: 6.3.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of ... Deleted: 6.3.4 Consultant Liability insurance appropriate to the CONSULTANT's profession.¶... Deleted: 6.4.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and ... 4 6.1 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 6.2 Verification of Coverage. CONSULTANT shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. 6.3 Notice of Cancellation. CONSULTANT shall provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. 6.4 Failure to Maintain Insurance. Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the CONSULTANT to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. 6.5 City Full Availability of Consultant Limits. If the CONSULTANT maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the CONSULTANT. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. The attorney/client relationship is personal and involves the ability of the parties to communicate and maintain credibility. This is an agreement for legal services Deleted: Deleted: Deleted: Deleted: Deleted: 5 and either party may terminate the agreement for any reason upon one hundred eighty (180) days written notice and the contractor shall be paid through the last month of the billing cycle in which work is completed. In the event of termination, work in progress will be completed by Consultant if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, Consultant will submit all unfinished documents, reports, or other material to City and Consultant will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. 11. Integration. The entire agreement between the parties shall consist of this document and the Consultant's proposal, attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials as described in 2.2. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required; provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a Consultant manner consistent with the Washington State Bar Association Standards. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. City is aware that Zachor and Thomas, Inc., P.S. will be sold to the law firm Of Zachor, Stock, and Krepps, Inc., P.S. in the calendar year 2021. City understands that the services included within this agreement will be provided by Zachor, Stock and Krepps, Inc., P.S. for the duration of the contract term and any subsequent renewals of this contract. City expressly agrees to the assignment of this contract from Zachor and Thomas, Inc., P.S. to Zachor, Stock, and Krepps, Inc., P.S. Zachor and Thomas, Inc., P.S. and Zachor, Stock, and Krepps, Inc., P.S. agree to furnish, in writing, within 30 days of the effective date of the sale. Zachor, Stock, and Krepps also agree to provide updating mailing information within 30 days of the effective date of the sale. 6 16. Covenant against contingent fees. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant 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 the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the Consultant shall be sent to the following address: Zachor & Thomas, Inc., P.S. 23607 Highway 99, Suite 1D Edmonds, Washington 98026 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. 7 DATED THIS _______ DAY OF __________________, 2021. CITY OF ARLINGTON ZACHOR & THOMAS, INC., P.S. By By Mayor Barbara Tolbert H. James Zachor, Jr. President ATTEST: ________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney 8 Attachment A Scope of Work Zachor & Thomas Prosecution Services The Consultant shall provide the following services, pursuant to the Consultant’s letter proposal dated 9/16/2020, attached hereto as Exhibit B: 1. Review police incident reports for determination of charging for matters not directly filed; 1. Maintain all current cases in an appropriate filing system; 2. Review and remain familiar with filed criminal misdemeanor and gross misdemeanor cases; 3. Interview witnesses as necessary in preparation of prosecution of cases; 4. Prepare up to three (3) extreme risk protection petitions per year, to include petition preparation and attendance at the temporary and full order hearings at the district court and superior court levels, respectively. 5. Respond to discovery requests, make sentence recommendations and prepare legal memoranda, when necessary; 6. Prepare cases for trial, including the issuance of witness subpoenas (for service by the Police Department, when applicable), conduct evidence retrieval (with the assistance of the Police Department and other City agencies), and prepare jury instructions, as necessary 7. Represent the City at all arraignments, pretrial hearings, motion hearings, , in-custody hearings held at Snohomish County District Court, Cascade Division; or Marysville Municipal Court until the completion of the City’s contract with that court, and trials on currently scheduled court days; 8. Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar; 9. Be available to the Police Department for questions at reasonable times, by providing appropriate telephone numbers, cell phone numbers, e-mail addresses, and voice mail access. And at a time and date to be mutually agreed upon by the parties, the Consultant may conduct training with the Police Department; 10. Pay the cost for the City’s PbK/New World Bridge Deleted: <#>Until such time as the City hires a domestic violence coordinator, the Consultant shall provide staffing at a maximum of 10 hours per week to work as liaison between the police department and prosecutor to assist the prosecutor in the preparation of domestic violence cases;¶ Deleted: <#>permanent Deleted: review hearings WS City of Arlington Council Agenda Bill Item: WS #2 Attachment C effects of COVID-19, and must be committed by 2024. The attached budget summary totals $4,008,020 in total expenditures for 2021-2024. The remaining funds of $1,726,530 will be reserved for other COVID related expenses that may present themselves before the end of the program. City Council is City of Arlington American Recovery Plan Act (ARPA) Budget Cares Funds • Overarching Goal: Address evolving and sudden changes in economic, social, and environmental conditions. ARPA funds • Priorities: Stabilize and Strategize Priorities for Funding:  Stabilize: Ensure that we as a City and our partners can provide essential services to our residents.  Organize: Create a coordinated effort based on shared goals objectives.  Strategize: Make strategic investments based on:  Immediacy. Businesses need to reopen doors, and people need outreach and skills development to match them to available jobs.  Inclusivity. Fully partner and understand all available funding resources, advocate for equitable distribution.  Complementarity. Whenever possible, use investments to boost strategies already in progress.  Future prosperity. Create opportunities that will endure well beyond the lifespan of these funds. Public Health Totals Laptops for remote work/field use $ 5,000.00 Third party on call emergency service in lieu of sharing cell phone $ 5,100.00 1 full time employee to perform custodial and cleaning of public spaces $ 246,000.00 Touchless entry lock systems for City $ 261,000.00 Vaccination incentive program for employees (with goal of 80%) $ 90,000.00 Two payment kiosks for City payments $ 100,000.00 Replenish Personal Protective Equipment (PPE) stock $ 12,985.00 Cold weather shelter $ 20,000.00 Cyber security upgrades $ 94,000.00 Utility system security improvements $ 237,310.00 Public Health Total $1,071,395.00 Design/build food truck park $1,366,625.00 Food bank mobile food truck (partner with food bank) $ 60,000.00 Workforce development (partner with County) $ 25,000.00 Consultant for tourism recovery plan $ 50,000.00 Tourism event funding (similar to Lodging Tax Advisory Committee) $ 150,000.00 Winter festival funding $ 200,000.00 Chamber of Commerce (possible partner for communications position) $ 150,000.00 Purchase parklets for more outdoor eating spaces $ 150,000.00 Arlington Community Resource Center $ 360,000.00 Utility Credit program $ 310,000.00 NW Innovation Center $ 25,000.00 Low income internet support (for 400 families) $ 90,000.00 Grand total allocated: $5,734,550.00 Total from Budget Summary $4,008,020.00 Balance of funds left: $1,726,530.00 City of Arlington Council Agenda Bill Item: WS #3 Attachment D COUNCIL MEETING DATE: September 13, 2021 SUBJECT: Proposal to transfer management of Hadley Hall to Boys & Girls Club ATTACHMENTS: Proposal from Chad Harris, Arlington B&G Club Unit Director, and Hadley Hall policies and history DEPARTMENT OF ORIGIN Administration; Sarah Lopez, Community Engagement Director 360-403-3448 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Over the last couple of years, City staff and B&G Club staff have discussed the possibility of allowing the Boys and Girls Club to manage the community room, Hadley Hall, at the Arlington Boys and Girls Club. Transferring the management would benefit both agencies. The City has not been using the facility for recreation programing. We are not onsite to monitor the use and maintenance; the staff at the Boys and Girls Club are able to do this. The transfer of management would allow the Boys and Girls Club to collect the rental fees and do improvements to the room, and would require their staff to facilitate reservations Hadley Hall Proposal of Responsibilities Arlington Boys & Girls Club Arlington Boys & Girls Club would like to take over all responsibilities for the rental of Hadley Hall. This includes: The scheduling of Hadley and use of the attached kitchen.  Collection of all use fees for Hadley Hall.  Set up of tables if requested by group using the room.  Disposal of Garbage after use. (We already do this)  Health screenings if required.  Maintenance of the facility and bathrooms. Including cleaning or replacing of carpets, painting, bathroom cleaning, toilet paper, paper towels, and hand soap. Arlington Boys & Girls Club would continue to make Hadley Hall available for public use on evenings and weekends during the summer, and available all day during the school year as long as Covid restriction don’t change. The Club would retain all profits from the rental of Hadley Hall and report rentals and profits to the City two time per year in December and June. Rates would be $30 per hour for room only and $35 per hour for room and kitchen; same no fee city policy for non-profits. The Club would not make any major changes to Hadley Hall or the Kitchen without prior approval from the City of Arlington. Chad Harris Unit Director Arlington Boys & Girls Club 360-435-4442 238 North Olympic Avenue ⋄ Arlington WA 98223 ⋄ (360) 403-3448 ⋄ Fax (360) 403-4605 Availability and Scheduling: The use of the Community Youth Center, otherwise known as Hadley Hall, is owned and operated by the City of Arlington, Parks and Recreation Department. To reserve a date, call 360-403-3448. Reservation Policy: Individuals may obtain a temporary reservation for a facility use. A reservation is valid for a period of five (5) working days. A reservation is not a confirmation of use until the facility use agreement, all applicable fees have been received and confirmed by the City of Arlington. Reservations for room use can be made up to 6 months in advance. Groups with ongoing usage of the room must update Use Agreement every year. Use Agreement: All facility users must complete a Use Agreement application. Availability: Room hours are 8:00am to 10:00pm Rate: Without kitchen Hourly one to three hours @ $15 per hour Flat Rate $75.00 over three hours With kitchen Hourly one to three hours @ $20 per hour Flat Rate $125.00 over three hours Payment: Payment is due one week prior to room use. Youth Group Policy and Fee Waiver: The City of Arlington agrees to waive facility use fees for Youth serving organizations. This includes, but is not limited to: Boys and Girls Club, Girl Scouts, Campfire, Youth Soccer, Little League, and 4-H. If it is determined that a group does not fall within this criteria and they still want to be considered for a fee waiver then it is their responsibility to write a letter of inquiry to City Council requesting a fee waiver including an explanation why they feel their group qualifies for a fee waiver. This will be reviewed at the City Council meeting and a decision will be made. If the group uses the room prior to the City Council decision, it is assumed they will be responsible for paying all related fees. Insurance: Liability insurance is required in the amount of one million dollars ($1,000,000) naming the City of Arlington as an additional insured. If the user does not have insurance; insurance can be obtained from WCIA (Washington Cities Insurance Aut hority) for a fee. Fees are based on type of use. The City does not provide this insurance. Policies and Procedures Scheduling Community Youth Center/ Hadley Hall 238 North Olympic Avenue ⋄ Arlington WA 98223 ⋄ (360) 403-3448 ⋄ Fax (360) 403-4605 Hadley Hall is a no smoking, non-alcohol facility. Room Capacity: The total room capacity is 76. Room is approximately 38 x 30 feet, 1140 square feet. Available Equipment: The following furniture items are available: 94 chairs 12 round tables 5 ft diameter (seat 5 persons each) 4 large rectangular folding tables 8 x 2.5 ft (seat 8 persons each) 2 small tables, 3 ft diameter This facility is a meeting room. While you are welcome to serve food and beverages, the kitchen is not a commercial grade kitchen, and therefore is not equipped with any kind of cooking utensils, coffee pots or paper products. The Boys and Girls Club, not the City, own the refrigerator, microwave, and stove. The City does not provide TV or VCRs. Setup and Cleanup Facility users are responsible for all set up and cleanup of the facility. This shall include all items listed in the Cleaning Agreement. Damage/Clean up fees: The City may charge the user for any damage repair or cleaning that is required after a use. Key: The City of Arlington will provide a room key for use. A $50 charge will be issued for any key not returned or lost. The key must be picked up at City Hall prior to use and must be dropped off at City Hall after use. Please make an appointment to pick up the key. Keys must be returned at least one week after event. Security Code: A security code and instructions will be issued with the key, prior to use. The directions for using the security system must be followed. Make sure to use the code when entering the facility and when leaving the facility (if entire facility is vacated, including the Boys and Girls Club). Parking: Parking is available in the adjacent parking lot. Please beware that there is limited parking during sporting events at the Club. Club events are typically Monday –Thursday 4:45pm-7:30pm and Saturdays. 238 North Olympic Avenue ⋄ Arlington WA 98223 ⋄ (360) 403-3448 ⋄ Fax (360) 403-4605 Policies and Procedures Cleaning Agreement Community Youth Center/ Hadley Hall Hadley Hall is a no smoking, non-alcohol facility. Main Hall Clean tables, put them in the closet. Clean and stack chairs on chair rack and put them in the closet. Vacuum carpet. Kitchen Clean all countertops. Clean stove and oven if they were used. Remove all food from refrigerator, if used. Remove trash and put in dumpster (located in parking lot). Replace garbage can liners. Clean sink-no food scraps. Sweep floor, mop if necessary. Locking up It is your responsibility to lock all doors and set the security system. Decorations No articles are to be taped, pinned or attached to the walls. Candles and open flame are prohibited. Refreshments You are welcome to serve refreshments in the facility. However, care must be taken so the facility is not damaged. Failure to clean and lock the facility will result in charges. An additional $150.00 will be charged for carpet damage or food/drink stains on carpets, or damage to walls or appliances. 1994 ANNUAL REPORT COMMUNITY YOUTH CENTER BOYS & GIRLS CLUB In February 1993 the Community Youth Center/Boys & Girls Club was completed. This facility was constructed on City of Arlington property with a $150,000 donation from local citizen Richard Hadley, two Block Grants applied for by the City in the amount of $280,000 and a contribution of up to $300,000 from the Boys & Girls Club. There was an agreement from the beginning that there would be a separation of the building and use. For this reason the Community Youth Center was excluded from the lease agreement between the City of Arlington and the Boys & Girls Club. The priority use of the Community Youth Center was established as: 1. Local Youth to include (Not in priority order) Civil Air Patrol Boy Scouts Brownies - Girl Scouts Campfire Girls Little League Sea Scouts Other youth groups in the City of Arlington 2. Local adult groups (not in priority order) Archery Baseball Soccer Clubs Local Theater Groups Non Profit groups i.e. Lions, Kiwanis, Rotary, and other service groups 3. City Government City Council Airport Commission Other city boards and commissions 4. Boys & Girls Club 5. Local private use such as weddings, receptions, reunions, etc. Some of the rules for use of the facility differ from the use of the Boys & Girls Club. The City does not allow unsupervised use of the facility and does not charge youth and youth oriented organizations for the use of the Community Youth Center. City of Arlington Council Agenda Bill Item: WS #4 Attachment E COUNCIL MEETING DATE: September 13, 2021 SUBJECT: Authorization to apply for 2022 Hotel-Motel Small Fund Grant (Tourism Grant) ATTACHMENTS: Summary of Grant Request DEPARTMENT OF ORIGIN Administration; Sarah Lopez, Community Engagement Director 360-403-3448 EXPENDITURES REQUESTED: $8,125 Matching Funds BUDGET CATEGORY: ARPA or City LTAC BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Requesting authorization to apply for Snohomish County Tourism Grant with four applications for projects including: 1.Contract with SeeSource for geo-fencing tourism points of interest in Arlington. This is a data collection programusing cell phone information from visitors outside our area.2.Street pole banners (12) branded with Stillaguamish River Valley, the brand given to our region by SnohomishCounty Tourism.3.Funding to pay for digital marketing assets of our region, including photographs, videography, and marketingmaterial.4.Funding for contractor to create a five-year tourism plan for Arlington, aligned with Snohomish County’s goals forthe region.This grant program requires a 25 percent match. Total grant request is $25,350. Required match from City $8,125. Tourism Plan goals. Funding is through County Lodging Taxes. Snohomish County LTAC Small Fund Hotel/Motel grant request 2022 1. Geofencing: Seattle NorthCountry Visitor Analytics Co-op for destination partners (Arlington). Contract with See Source, who provide city-level and event specific visitor analytics to grow awareness about visitation to our area year round. The discounted rates are made possible by WA State Tourism Alliance and Snohomish County. The program collects geolocation data from cell phone, visitor spending date from credit card, demographic data to the household level. We are provided city-specific customized dashboard with analytic charts, visitor trend lines by number of visitors per day, week or month at a given point of interest. Project: $2,500 Grant request: $1,875 Match: 25% $625 2. Street Pole Banners: Lower Stillaguamish River Valley branded banners for main gateways into Arlington. Branded with Snohomish County’s distinct visitor region of the Stillaguamish River Valley. 12 banners, 2 for each main gateway. Project cost: $1300 Grant request: $975 Match: 25% in kind, design and staff time $325 3. Digital Marketing Assets: digital media to use for marketing identified tourism points of interest in Arlington. Includes photography, video, blogging, and social media ads. Project: $10,000 Grant request: $7,500 Match: 25% $2,500 4. Tourism Plan: Consultant to prepare a 5-year tourism plan for City. Plan will align with the County’s Strategic Tourism goals for the Stillaguamish River Valley region and give a framework for the city and stakeholders to focus efforts on, in regards to tourism projects, local goals, and marketing. Project: $20,000 Grant request: $15,000 Match: 25% $5,000 Total Grant Request: $25,350 Total Matching Funds: $8,125 City of Arlington Council Agenda Bill Item: WS #5 Attachment F COUNCIL MEETING DATE: September 13, 2021 SUBJECT: Public Art for 59th Avenue Complete Streets Project ATTACHMENTS: Proposal and call for art DEPARTMENT OF ORIGIN Administration; Sarah Lopez, Community Engagement Director 360-403-3448 EXPENDITURES REQUESTED: BUDGET CATEGORY: Included in project, grant funded BUDGETED AMOUNT: $6,000 LEGAL REVIEW: DESCRIPTION: As part of the 59th Avenue Complete Streets Project, the City released a call for public art. Public art was budgeted and included in the grant through WA Transportation Improvement Board. We received one proposal, from Lin McJunkin and Milo White. The City’s Public Art Committee and Park, Arts and Recreation Commission both have reviewed the concept and are recommending City Council accept the art, a stainless steel sphere, to be located at the corner of 59th Avenue and 188th City of Arlington Call for Art, 59th Avenue Complete Streets Project July 19, 2021 The City of Arlington is seeking concepts from artists qualified to design and integrate a site specific art work for the 59th Avenue Complete Streets Project. 59th Ave Complete Streets Project Description: Work includes constructing pedestrian improvements and landscaping along the east side of 59th Avenue NE, starting at the north parking lot of the Boys and Girls Club moving north , next to Quake Park, approximately 450 feet north past 188th Street NE, to incorporate Evans Park. The scope also includes pedestrian improvements and street trees from 59th Avenue east on 188th Street NE, along the southern gravel parking lot. Three gravel parking lots will receive drainage, paving, and striping. The first is the parking lot off 59th for Evans Park Playground, and the remaining two are off 188th St NE, to the north (Evans Field) and south (Quake Field). Solar Powered Flashing LED Pedestrian Crosswalk Signs will be installed connecting the Boys and Girls Club to the Airport Trail, and connecting the north and south parking lots on 188th Street. The project is funded by a Complete Streets Grant through WA Transportation Improvement Board (art included), and a grant from WA State Department of Commerce, through Boys & Girls Club of Snohomish County (parking areas). Seeking Art: The City of Arlington has incorporated funding for art in the project budget and is seeking concepts from local artists. The City of Arlington supports the integration of art and culture in public works and transportation projects. Art and culture play a crucial role in supporting a safe, inviting, supportive, and thriving community by revealing the authentic character of neighborhoods while also connecting citizens and visitors. Location: Quake Park, near/behind the park sign at the corner of 59th Avenue and 188th Street, Arlington. Budget: $6, 000 Criteria: Open to artists residing in Snohomish, Island , or Skagit Counties. The City reserves the right to not select any of the applicants. Artists will be selected on the basis of the following criteria: Concept that best connects with the site and its users. Artistic quality and strength of work as demonstrated in submitted digital images. Good planning and communication skills, and desire and ability to work with others. Ability to complete the work on time and within budget. Durability, vandal resistance, and safety of proposed work. Timeline: Distribute call for proposals – July 19, 2021 Concept proposals due – August 13, 2021 Selection panel review of proposals – August 24, 2021 Selected artist notified – to be determined Work completed and installed – November 1, 2021 Materials to submit: Current resume A one-page written statement on a preliminary concept and a sketch of the design with dimensions Up to 10 digital images of relevant work Send, email or deliver entries to: City of Arlington c/o Sarah Lopez 238 N Olympic Ave. Arlington, WA 98223 slopez@arlingtonwa.gov 360-403-3448 City of Arlington, WA Call for Quake Park Commission - Milo White + Lin McJunkin: Concept and Sketch For 10 years, the Skagit County, WA, team of metal sculptor Milo White and glass artist Lin McJunkin has collaborated with commissioning agencies to create inviting entrances to municipal spaces. These welcoming structures are site specific to reflect the area’s iconic environmental and human history while integrating surrounding natural and built features. We achieve this by observing the main tenet of place-making: utilize research, site visits and user input to create a sense of place, not merely a design. For the Quake Park Project, we propose to create a stainless steel sphere composed of numerous spirals of various sizes, with pulled-out centers accented with colorful glass beads. The piece will be mounted on a black powder-coated steel base attached to a concrete pad. The total piece will stand approximately 6-8’ high and about 5-6’ wide, depending on the scale that looks best on the site. The spirals lend playful motion to the piece, and represent the various spherical balls that are used in many sports and games played in the park’s fields. The shiny stainless steel sphere with its colorful beads will really shine when positioned behind the park sign with its leafy background, while the spirals cast lacy patterns on surrounding surfaces. We will work with the Art Commission to choose the glass colors, base shape and total sculpture size. Examples of Work City of Arlington Council Agenda Bill Item: WS #6 Attachment G COUNCIL MEETING DATE: September 13, 2021 SUBJECT: Acceptance of FAA American Rescue Plan Act of 2021 (ARPA) Grant ATTACHMENTS: Grant Application (FY 2021 Version) DEPARTMENT OF ORIGIN Airport; Dave Ryan, Director 360-403-3474 EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The Arlington Municipal Airport was offered an ARPA grant in the amount of $59,000. For the acceptance of this grant, the FAA requires a formal motion by the City Council to accept. The due date for accepting the grant for the Fiscal Year 2021 fell in August. Because the City Council adjourns for the month of August, staff was not able to get this agenda bill before the Council in time for the deadline. The FAA suggested holding the grant until Fiscal Year 2022 (October) and then releasing it on the City of Arlington Council Agenda Bill Item: WS #7 Attachment H City requested that the District “upsize” the water main to help the City serve the larger water service area, and the City will pay the increased costs of upsizing the water pipe. The Utility Extension Agreement memorializes this agreement. The Maintenance Security Agreement is in lieu of a standard bonding requirement, and requires that the District provide any maintenance on the new construction during a UTILITY EXTENSION AGREEMENT - 1 AFTER RECORDING RETURN TO: CITY OF ARLINGTON 238 N. OLYMPIC AVE. ARLINGTON, WA 98223 UTILITY EXTENSION AGREEMENT GRANTOR(S): SNOHOMISH COUNTY FIRE DISTRICT NO. 21 GRANTEE(S): CITY OF ARLINGTON LEGAL (ABBREV.): LOT 2 OF SURVEY RECORDED UNDER COUNTY AF NO. 8407115030, A PT OF GOV’T LOT 3, S19, T31N, R 6E, W.M. ASSESSOR'S TAX NO. 310619-003-014-00 ____________________________________________________________________________ THIS UTILITY EXTENSION AGREEMENT (the “Agreement”) is made and entered into this ___ day of __________, 2021, by and between SNOHOMISH COUNTY FIRE DISTRICT NO. 21, (hereinafter "Owner") and the CITY OF ARLINGTON, a Washington municipal corporation (hereinafter "City"). I. RECITALS WHEREAS, the Owner is the owner of certain real property located at 17827 McElroy Road, Arlington, Washington, Snohomish County Assessor Parcel No. 310619-003-013-00 (the "Property"), legally described as set forth on the attached Exhibit A, incorporated herein by this reference, which Property is located outside of the City limits but inside the City's water service area as identified in the North Snohomish County Coordinated Water System Plan and City Water System Comprehensive Plan, as amended, and the Owner wishes to connect to the City's water utility system (“the Extension”); WHEREAS, the Extension is intended to service a fire station that the Owner plans to construct on the Property, and this fire station will be subject to Snohomish County fire flow requirements; WHEREAS, the pressure in the City’s 520 Zone, the area of the City’s Water System that the Extension will be constructed within, does not currently provide adequate pressure for the Owner to meet Snohomish County fire flow requirements for its planned fire station; UTILITY EXTENSION AGREEMENT - 2 WHEREAS, the City’s Capital Improvement Plan includes funding for a new pump station in the 520 Zone (the “Pump Station”), which is currently in the design phase with an estimated construction start date of 2022, which will increase pressure and available fire flow for the Extension in order to meet Snohomish County fire flow requirements; and WHEREAS, the property is not within the City’s urban growth boundary, but the extension of water service could increase requests to connect to City water, particularly from currently undeveloped properties, thereby increasing demand for other city services, most particularly city road and transportation services; and WHEREAS, the City wishes to agree to the Extension of utilities to the Owner, on certain terms and conditions contained in this Agreement. II. TERMS AND CONDITIONS NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed by and between the Parties hereto as follows: 1. Title. The Owner warrants that it is the owner of the Property and is authorized to enter into this Agreement. 2. Review. The City has approved the Owner's proposed plans for the Extension, which are more particularly described on the attached Exhibit B. Except as otherwise provided for in this Agreement, any deviations from the plans in Exhibit B that are not approved by the City shall be considered a breach of this Agreement. Said Extension, along with any proposed development on the Property must comply with the Snohomish County land use code and development regulations. The City hereby acknowledges that the Owner’s submittal of permits to Snohomish County for the Extension and any proposed development by Owner on the Property, along with the Owner’s compliance with Snohomish County land use code and development regulations thereto, relies, in part, upon the City’s construction of the Pump Station as provided for in the City’s Capital Improvement Plan. 3. Extension Authorized on Certain Terms and Conditions. The City hereby authorizes the Owner to extend water service to the Property. The Owner hereby agrees to promptly connect to the City’s water system when it becomes available. The Owner agrees to comply with, be bound by, and be subject to the City's ordinances, regulations, and policies concerning such service. 4. Construction. The City Engineer shall review and approve in writing the plans, specifications, and drawings of the Extension before construction commences. All construction of the Extension shall be completed in accordance with City standards in effect at the time of approval of this Agreement. The Owner shall permit the City to inspect the construction and installation of the Extension at any time before, during, or after connection is made to the City System. The City may reject any construction and installation not conforming to the approved design of the Extension and the requirements of this Agreement. 5. Permits, Easements, and Licenses. The Owner shall secure and obtain at the Owner's sole cost and expense any necessary permits, easements and licenses to construct the Extension, if applicable, which may include without limitation all necessary easements, UTILITY EXTENSION AGREEMENT - 3 excavation permits, street use permits or other permits required by state, county and City governmental departments, if applicable, which may include without limitation approvals from the State Department of Ecology, Snohomish County Public Works Department, Snohomish County Planning and Development Services Department, Snohomish County Boundary Review Board, and the City's Public Works Department. 6. Costs. The Owner shall pay all costs of designing, engineering, and constructing the Extension and all costs incurred by the City in reviewing plans for and inspecting construction of the Extension (the “Extension Costs”). The Extension Costs do not include any costs for the Pump Station. The costs for the Pump Station shall be paid entirely by the City. The Owner shall bear the risk of loss for or damage to all finished or partially finished work on the Extension until the City accepts the Extension. The Owner and City have agreed to an Interlocal Agreement (ILA) to satisfy the maintenance bond requirements in the City Code. 7. Connection Charges. Unless waived or credited as provided for herein or by separate agreement, the Owner agrees to pay: (a) connection charges for utilities at the rate schedules applicable at the time the Owner connects the Property to the City System; (b) any inspection costs of the City; and (c) plan review costs. 8. Service Charges. In addition to the connection charges, the Owner agrees to pay for utility service rendered by the City in accordance with rates charged that are uniform for the class of customer or service supplied, as such rates exist or as they may be hereafter amended or modified, together with any utility taxes levied from time to time. The Owner acknowledges that service charges may consist of base charges as well as charges determined in accordance with the level of service provided. 9. City Cost Contribution. At the request of the City, the Owner has agreed to increase the size of the water main being installed in McElroy Road from an 8-inch to a 12-inch ductile iron pipe with the City bearing the materials cost associated with this increase in the amount of Ninety-Two Thousand Nine Hundred Twenty-Five Dollars ($92,925.00) (“City Cost”). The City Cost shall be based on cost estimates inclusive of sales tax provided by the Owner’s Engineer, attached hereto as Exhibit C subject to the final reconciliation as set forth herein. The City shall credit the water connection service fee detailed in Section 7 against the City Cost (“Owner Credits”). The final City Cost, after final reconciliation, shall be reduced by the Owner Credits, the sum of which shall be the City’s net costs (“City Net Costs”). The City Net Costs shall be owed to the Owner and payable within thirty (30) days of receipt of a Bill of Sale as detailed in Section 11. 10. Utility Reimbursement Agreement. Reserved. 11. Bill of Sale. Upon the City’s final acceptance of the Extension, the Owner shall execute a Bill of Sale in a form approved by the Owner and the City and deliver said Bill of Sale to the City. Said Bill of Sale shall provide for the transfer to the City title to the Extension and related facilities developed pursuant to this Agreement at no cost to the City except as specifically set forth herein. 12. No-Objection to Annex. The Owner shall not object, challenge, contest or litigate an annexation of the Property if and when the City elects to annex all or part of the Property. UTILITY EXTENSION AGREEMENT - 4 13. Covenant Running with the Land. This Agreement shall be recorded with the Snohomish County Auditor and shall constitute a covenant running with the land as to the Property and shall be binding on the Owner and the Owner's heirs, successors, and assigns. All costs of recording this Agreement shall be borne by the Owner. In the event that any or all of the Property is subdivided into smaller lots, the provisions of this Agreement shall bind the purchasers of each subdivided lot, and the City shall not be required to provide utility service to newly created lots absent a written amendment to this Agreement. 14. Termination. In the event the Owner fails to comply with any term or condition of this Agreement, in addition to any other remedies available, the City shall have the right to: (a) terminate this Agreement upon ten (10) days' written notice to the Owner; and (b) terminate utility service to the Property. 15. Attorney's Fees and Costs. In any suit or action seeking to enforce any provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other remedy provided by law or this Agreement. 16. Amendment / Assignment. This Agreement may be amended or modified only by a written instrument executed by the Owner and the City. The Owner shall not assign this Agreement or sell or contract to sell all or any portion of the Property prior to notifying the City in writing of such assignment or sale. 17. Severability. If any portion of any term or provision of this Agreement, or any action taken pursuant thereto or the application thereof shall, to any extent, be finally determined invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 18. Dispute Resolution / Governing Law. All disputes under this Agreement shall be decided by arbitration, pursuant to RCW 7.04A. et. seq., and the applicable county rules, and supervised, as necessary, by the presiding judge in the Superior Court of the State of Washington for Snohomish County. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and venue in connection with any legal proceeding affecting this Agreement shall lie in the Superior Court of the State of Washington for Snohomish County. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, and together shall constitute one and the same instrument. 20. Entire Agreement. This is the entire agreement between the City and Owner. The recitals and definitions set forth above are incorporated as if fully set forth in this Agreement. There are no other oral or written understandings. DATED this _____ day of ____________, 2021. UTILITY EXTENSION AGREEMENT - 5 GRANTOR: GRANTEE: SNOHOMISH COUNTY FIRE DISTRICT CITY OF ARLINGTON, WASHINGTON NO. 21 ___________________________________ ______________________________ By: ________________________________ Barbara Tolbert, Mayor Its: ________________________________ ATTEST: ______________________________ Wendy Van Der Meersche, City Clerk UTILITY EXTENSION AGREEMENT - 6 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me ______________________, to me known to be the ______________________ of SNOHOMISH COUNTY FIRE DISTRICT NO. 21, and on oath verified that he was authorized to execute this document on behalf of the District for the uses and purposes therein mentioned. Given under my hand and official seal this ____ day of _____________, 202___. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, BARBARA TOLBERT AND WENDY VAN DER MEERSCHE, to me known to be the MAYOR AND CITY CLERK of the CITY OF ARLINGTON, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of the City of Blaine. Given under my hand and official seal this ____ day of _____________, 202___. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: UTILITY EXTENSION AGREEMENT - 7 EXHIBIT A (LEGAL DESCRIPTION OF PROPERTY) LOT 2 OF SURVEY RECORDED IN VOL. 19 OF SURVEYS, PAGES 171 AND 172, UNDER AUDITOR’S FILE NO. 8407115030, BEING A PROTION OF GOVERNMENT LOT 3 OF SECTION 19, TOWNSHIP 31 NORTH, RANGE 6 EAST, W.M., SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. TAX PARCEL NO. 310619-003-013-00 UTILITY EXTENSION AGREEMENT - 8 EXHIBIT B (PROJECT DESCRIPTION) UTILITY EXTENSION AGREEMENT - 9 EXHIBIT C (COST ESTIMATES FOR INCREASE OF WATER LINE DIAMETER) MAINTENANCE AGREEMENT - 1 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY FIRE DISTRICT NO. 21 AND CITY OF ARLINGTON FOR MAINTENANCE SECURITY AGREEMENT THIS MAINTENANCE SECURITY AGREEMENT (the “Agreement”) is made and entered into in this day of , 2021, by and between SNOHOMISH COUNTY FIRE DISTRICT NO. 21, a Washington municipal corporation (the “District”) and the CITY OF ARLINGTON, herein referred to as the "City." The District and the City are individually a “Party” and collectively the “Parties.” WHEREAS, the District is in the process of designing and constructing a fire station located at 17827 McElroy Road, Arlington, Washington, Snohomish County Assessor Parcel No. 310619-003-013-00 (the “Fire Station”); WHEREAS, the District proposes to install a twelve-inch (12”) diameter water line to connect the Fire Station to the City’s public water system (the “Extension”); WHEREAS, the District and the City have executed a Developer Extension Agreement (“DE Agreement”) providing for the terms, conditions and allocation of costs related to the Extension, and the transfer of the water line and connected facilities to the City; WHEREAS, the City is a “water purveyor” and the Fire Station and Extension are located within the City’s “service area”, as those terms are defined in the Public Water System Coordination Act – Chapter 70A.100 RCW; WHEREAS, the Fire Station and Extension are located in Snohomish County (the “County”) and the construction approvals and permits necessary for the construction of the Fire Station is subject to review and approval of the County but the City approves construction drawings relating to the city water utility; WHEREAS, the District has provided the City with the District’s Civil Construction Plan set for the Extension sealed by John Smith, P.E. (the “Engineer of Record”), as depicted on the plans attached hereto as Exhibit A (the “Approved Plans”); WHEREAS, the Arlington Municipal Code - AMC 13.04.230 requires any developer who installs, repairs, or replaces public water systems provide to the City a maintenance security to cover the costs of replacing or repairing any of the public improvements installed and dedicated to the City; WHEREAS, the City’s Municipal Code – AMC 13.04.230 requires a maintenance security in the amount of twenty percent (20%) of the documented final costs of the improvement, which in this case is the Extension; WHEREAS, the City’s Municipal Code and the City Engineering Standards permit the City to accept this Agreement to satisfy the City’s maintenance security requirements if approved by the City Finance Director in consultation with the City Attorney; and MAINTENANCE AGREEMENT - 2 WHEREAS, the District and the City enter into this Agreement to provide an enforceable contractual assurance for performance of the District’s maintenance security obligations related to the Extension. NOW, THEREFORE, in consideration of the mutual obligations and benefits herein, the Parties agree as follows: 1. Maintenance Obligation of District. The District shall: a. Furnish all labor, equipment and materials necessary to perform and complete all work on the Extension in a good and workmanlike manner according to the Approved Plans. b. In the event the Extension does not meet established performance standards set forth in the Approved Plans, the City will require that the Engineer of Record establish and oversee measures that shall be implemented to ensure that the aforementioned applicable Approved Plans are met. c. If it is found that the construction of any of the Extension has not met the Approved Plans, the District shall be responsible for any needed improvements to comply with the Approved Plans, including all costs associated with corrective measures. e. The City retains the right to extend the maintenance activities that the District is responsible for if the construction is not completed according to the Approved Plans at the end of the two (2)-year maintenance period provided in AMC 20.12.870. 2. Term. The District agrees to abide by the terms of this Agreement for the full term of the two (2) – year maintenance period, unless such period is extended by the City as provided for in this Agreement. At the end of the two (2)-year maintenance period, a City Public Works representative will provide an inspection of the facilities contained in this Agreement. The City will provide all necessary corrections in writing, and the District shall be fully responsible to correct any deficiencies found to not be in conformance with the Approved Plans. a. Release of this Agreement at the end of the two (2)-year maintenance period will not be made without the written approval of the City Public Works Director. b. Non-performance of the maintenance and repair(s) work (the “Work”) as required within this Agreement shall be promptly performed by the District upon receipt of written notice from the City directing the performance of such Work. Prompt response by the District includes, but is not limited to, the District’s good faith and diligent pursuit of a warranty claim against the District’s third-party contractor within thirty (30) calendar days of notice from the City. If, following the City sending the District seven (7)-calendar day notice of the need to perform Work, the District fails to commence such W ork, respond to the City with a plan to commence such Work, or pursue a warranty claim, the City may perform the work at the expense of the District. In the event of an emergency, the City may, after delivery of written notice to the District of such emergency condition and the District’s failure to reasonably and timely respond, commence such Work at the cost of the District. For the purposes of this Agreement, “emergency” is defined as any circumstances which create an immediate danger to life or property if left unaddressed. MAINTENANCE AGREEMENT - 3 3. Indemnification. The City shall not, nor shall any officer or employee of the City, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion of approval hereof, nor shall the City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of the District, its agents or employees in the performance of the work, and all of said liabilities are assumed by the District. The District agrees to protect, defend and hold harmless the City and the officers and employees thereof from all loss, liability or claim because of or arising out of the acts or omissions of the District, or its agents and employees, in the performance of this Agreement, except to the extent of the City’s sole negligence. In the event of Claims that are caused by or results from the concurrent negligence of (1) the City or its officers, officials, employees, agents and volunteers, and (2) the District, its officers, officials, employees, agents and volunteers, this defense and indemnity provision shall be enforceable only to the extent of the District’s and its officers’, employees’, agent’s or volunteers’ intentional misconduct or negligence in the performance of this Agreement. In the event that the City elects to defend itself against any claim or suit arising from any injury, death, or damage, the District, in addition to providing indemnification and holding the City harmless as set forth above, shall indemnify the City for all expenses incurred by the City in defending such claim or suit, including reasonable attorney fees. 4. Modification to Scope of Work. It is further agreed by and between the Parties hereto that, in the event it is deemed reasonably necessary to modify the scope of work on the Extension or extend the time of completion of the work on the Extension contemplated to be done under this Agreement and/or the Approved Plans, such modifications or extensions of time may be made by the City Director of Public Works either at his/her own option or upon request of the District, and such modification or extension shall in no way affect the validity of this Agreement. The District further agrees to maintain in full force and effect the terms of this Agreement, including any modifications or extensions of time as may be made. 5. Severability. It is understood and agreed by the District that if any part, term, or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the Parties shall be constructed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 6. Notice and Representatives. The Parties designate the following persons as their representatives for this Agreement. All notices, demands, requests, consents, and approvals that may be required to be given shall be in writing and directed to: CITY OF ARLINGTON: ____________________ ____________________ ____________________ DISTRICT: ____________________ ____________________ ____________________ 7. Independent Governments; No Liability. Each Party is and shall remain an independent government. This Agreement does not create a partnership or other similar MAINTENANCE AGREEMENT - 4 arrangement. The Parties shall not be liable for the acts or omissions of the other Party or their respective public officials, employees, or agents. 8. Term of Agreement. Except as may be otherwise stated herein, the term of this Agreement shall commence upon execution by both Parties and shall continue for a period of two (2) years, unless extended as provided herein, or unless canceled by mutual agreement of the Parties. 9. Amendment. No modification or amendment of this Agreement may be made except by a written document signed by both Parties. 10. Counterparts and Electronic Transmission. This Agreement may be signed in counterparts. Electronic transmission of any signed original document, and retransmission of any signed electronic transmission shall be the same as delivery of an original document. 11. Governing Law. This Agreement, and the right 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. Notwithstanding the foregoing, any decision by the City as to whether or not the Approved Plans of this Agreement have been met shall be first appealed to the City Hearing Examiner according to the applicable administrative appeal processes for the City. Appeals of a City Hearing Examiner Decision are appealable to Superior Court pursuant to the Land Use Petition Act, Chapter RCW 36.70C. 12. Interpretation. Each Party has participated in drafting this Agreement and has had this Agreement reviewed by legal counsel. Therefore, any language herein shall not be construed against either Party on the basis of which Party drafted the particular language. 13. Heading. The captions and headings provided in this Agreement are for reference purposes only and do not have any effect on the interpretation of this Agreement. 14. 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 others as a basis for this Agreement which have not been reduced to writing herein. The above recitals and definitions are incorporated into and made part of this 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 written modification to this Agreement, executed with both Parties. MAINTENANCE AGREEMENT - 5 DATED this _____ day of ____________, 2021. SNOHOMISH FIRE DISTRICT NO. 21 CITY OF ARLINGTON ____________________________ ____________________________ By: _________________________ By: _________________________ Its: _________________________ Its: _________________________ MAINTENANCE AGREEMENT - 6 EXHIBIT A (Extension Plans)