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HomeMy WebLinkAbout09-20-21 Council Meeting To join Zoom meeting, click here. Meeting ID: 863 9563 5100 Passcode: 156583 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 PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Jan Schuette 1. Minutes of the August 2 Council meeting, September 7 Special meeting, ATTACHMENT A September 13 Council meeting and September 7, 2021 Audit Entrance Conference 2. Accounts Payable Approval of EFT Payments and Claims Checks: #103418 through #103524 dated August 3, 2021 through August 16, 2021 for $1,195,941.44; #103525 through #103642 dated August 17, 2021 through September 7, 2021 for $727,774.99; #103643 through #103776 dated September 8, 2021 through September 20, 2021 for $2,275,047.61 Approval of Payroll EFT Payments and Checks: #30106 through #30113 dated July 1, 2021 through July 31, 2021 for $1,726,401.58; #30114 through #30117 dated August 1, 2021 through August 31, 2021 for $1,472,337.24 3. Contract update with Zachor, Stock, and Krepps, Inc., P.S. ATTACHMENT B 4. Authorization to Apply for 2022 Hotel-Motel Small Fund Tourism Grant ATTACHMENT C Arlington City Council Meeting Monday, September 20, 2021 at 7:00 pm PUBLIC HEARING NEW BUSINESS 1. American Rescue Plan Act of 2021 Budget ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 2. Appointment of Airport Commissioner John Branthoover ATTACHMENT E Staff Presentation: Dave Ryan Council Liaison: Michele Blythe 3. Acceptance of FAA Funds from American Rescue Plan Act of 2021 ATTACHMENT F Staff Presentation: Dave Ryan Council Liaison: Michele Blythe 4. Transfer Management of Hadley Hall to Boys & Girls Club ATTACHMENT G Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle 5. Public Art for 59th Avenue Complete Streets Project ATTACHMENT H Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle 6. Waterline Extension Agreement with Fire District 21 ATTACHMENT I Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 7. Low Bid Award for 40th/172nd Intersection ATTACHMENT J Staff Presentation: Jim Kelly Council Liaison: Jan Schuette COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBERS’ REPORTS ATTACHMENT K INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert DRAFT Page 1 of 9 Council Chambers 110 East Third Street August 2, 2021 Councilmembers Present: Michele Blythe, Jan Schuette, Debora Nelson, Marilyn Oertle, Jesica Stickles, Don Vanney and Mike Hopson. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Sheri Amundson, Marc Hayes, James Kelly, Nova Heaton, City Attorney Steve Peiffle, Tony Orr, Jonathan Ventura and Ashleigh Scott. Also Known to be Present: Nathan Impson and Al Calderwood via ZOOM. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT Nathan Impson, residing at 437 N Macleod Avenue, stated frustration regarding the disregard of speed limits, stop signs and crosswalks. His family moved here last year and there is a huge concern for the safety of residents. He has witnessed cars speeding down his neighborhood roads and other streets within the City; drivers running through stop signs and also not paying attention to citizens in crosswalks. He fears for the safety of his family and other residents in the City. CONSENT AGENDA Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the July 19 and July 26, 2021 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #103300 through #103417 dated July 20, 2021 through August 2, 2021 for $1,793,390.98. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 2 of 9 PUBLIC HEARING Development Agreement for the Outpost at Smokey Point Community and Economic Development Director Marc Hayes reviewed the development agreement for the Outpost at Smokey Point. This is a proposed development agreement for Arlington 51st St., LLC, describing certain conditions and uses for the subject project. It addresses the use of Traffic Impact Fees for the future construction of a roundabout at the intersection of 168th St NE/51st Ave. NE., the use of Park Impact Fees for a portion of construction of the community building (restrooms/sewer lift station) and associated park improvements, the use of utility connection fees for sewer and water line extensions, and dedication of real property for public right of way uses. Development agreements are utilized to ensure that certain terms and/or conditions are addressed. The developer, Arlington 51st Street, LLC, is constructing a mixed-use development on 20.38 acres that will consist of 500 apartments, 70,000 SF of retail space, 22,000 SF office space, 104,000 SF public park space with public restrooms, and 104,200 mini park space. The applicant is also constructing frontage improvements along 51st Ave., 43rd Ave., and constructing a roundabout at the intersection of 51st Ave/ 168th St. The applicant is also installing both sewer and water main extensions to provide for offsite connections to serve the south Cascade Industrial Center area. The City recognizes the public benefits which will occur from the permanent development of the property as proposed by the Developer, including the roundabout, 51st Ave. frontage improvements, 47th Ave. roadway construction, the community building, and mainline extension. Likewise, the developer recognizes the benefit of this agreement allowing the use of traffic impact fees, park impact fees, and connection fee credits to construct the roundabout, community building, and mainline extensions in lieu of paying, all impact fees in cash. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on development agreements. The public hearing was opened at 7:05 p.m. Al Calderwood, residing at 4029 Totem Park Lane, stated concerns with the developments occurring around 172nd and the increase in traffic congestion. Mr. Calderwood asked if there was more than just the 51st Avenue roundabout going in, and the widening of 51st that seems to just be making room for sidewalks. CED Director Marc Hayes addressed those concerns by stating all development can’t pay for all transportation improvements that need to be done, but this one in itself is constructing a roundabout at 51st Avenue and 168th. In the next two years 168th from 51st to Smokey Point will be extended giving an alternate route to travel back and forth. A segment of 173rd will also be extended this year in 2021 from Smokey Point Blvd. to 40th Avenue. Improvements are happening now to address the traffic that stems from recent growth. With each new development, there is a traffic impact analysis that lets the City know what the impacts are to major roadways and intersections. There is a fee established from that impact Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 3 of 9 analysis, and the developer either pays the fee that goes into the growth fund for mitigation for transportation projects, or they do the improvements themselves as part of their project. With no further comments or questions, the public hearing portion was closed at 7:11 p.m. Council questions were opened at 7:11 p.m. Councilmember Debora Nelson requested Mr. Hayes speak to the work being done on 172nd and the widening process. WSDOT is designing it up to thirty percent (30%) then go out to contract for design build to do the construction of the widening. The improvements will occur to 43rd Ave., 51st Ave., 59th Ave., and 67th Ave., with roundabouts at those intersections. The widening will include two additional lanes on the south side of the existing alignment that will become westbound lanes. The existing roadways, the new roadways will be built to the south of that; 172nd will still be functional during the construction of the additional lanes. With no further comments or questions from Council, the public hearing was closed at 7:13 p.m. Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the resolution approving the development agreement with Arlington 51st Street, LLC, and authorized the Mayor to sign the development agreement. The motion passed unanimously. Development Agreement for Centennial Park PH I & PH II Community and Economic Development Director Marc Hayes reviewed the development agreement for Centennial Park PH I & PH II, a mixed-use project. This is a proposed development agreement for Centennial Park 5J, LLC, describing certain conditions and uses for the subject project. In this instance it addresses the permanent use of the building types, the variance for the stream buffer reduction and the dedication of property for public right of way uses. Development agreements are utilized to ensure that certain terms and/or conditions are addressed. The developer is utilizing the “flex” option with its live/work units, which allow for the commercial portion of the unit to be utilized as residential for up to five years, allowing sufficient time for the marketplace to support the commercial/retail use of the unit. Another item addressed is the reduction of the buffer width on the relict channel along 172nd St NE, and its required mitigation, both onsite and offsite. Per AMC 20.39.040, a public hearing is required to be held prior to a decision by City Council on Development Agreements. The public hearing was opened at 7:14 p.m. With no comments or questions, the public hearing portion was closed at 7:14 p.m. Council questions were opened at 7:14 p.m. Councilmember Jan Schuette questioned the live-work units and how the process works. CED Director Marc Hayes gave some insight on the unit structure and purpose. It is a two story unit, based upon a small business being able to operate on the ground floor and the Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 4 of 9 owner or operator of that business lives upstairs in the residential unit. There was no demand for these units at this time, but with the allowed flex condition which requires the building to be built in the commercial standard but also utilize the entire building as residential until there is demand. Councilmember Debora Nelson asked about the live-work demand, though it is not here at this time, how developments like that assess the need for that type of situation and attract those types of renters. Mr. Hayes stated the developers must include in their marketing that this is a live-work unit and if you want to establish a small business there, this is what you have to do. It’s something new and are not being utilized at this time. Prior to the 5th year of receiving their certificate of occupancy, the developer must provide the city with a market analysis. Between the 4th and the 5th year, the City will decide to extend out or require them to find someone within the market. Councilmember Marilyn Oertle had questioned though there isn’t a market for this type of situation right now, but when or if the units are all rented out and the market changes and it’s filled with residents, what happens to those residents. Mr. Hayes stated they would need to give the tenants a year notice to vacate. Councilmember Michele Blythe had questions regarding if it doesn’t catch on in this type of market, if the designation is easy to change. Mr. Hayes stated it is part of the market analysis and evaluation if there is potential, and if it doesn’t, they will need to think about how to utilize those units moving forward. Councilmember Mike Hopson had questions regarding the type of residents that can occupy these types of units and if they can be employees. Mr. Hayes stated they prefer it be an owner or operator of the said business to avoid problems. Councilmember Hopson asked if there was a problem, do the developers have the option to say “no” or shut the situation down, and also is it going to be market rate if they end up with people there other than the employer. Mr. Hayes stated they see the need and desire for those types of units and are confident it will meet their original intent. Mayor Pro Tem Jesica Stickles stated she likes the fact that we can be creative with them and could work out, but has concerns with the parking issues that are already going on. The units average 1.5 parking spot per unit. With having units with two or three bedrooms, there would be more than one person in a unit, making the units have two vehicles or more. This is already causing issues and forcing tenants to park in the neighborhood next door as overflow. There is no street parking, so where would the business have parking for customers for these units. Mr. Hayes stated that during normal business hours, if there were customers to visit these units, it would be during the time of day where tenants would be away from these units at work off-site, as well as this development is on a future bus route. With no further comments or questions from Council, the public hearing was closed at 7:25 p.m. Mayor Pro Tem Jesica Stickles moved and Councilmember Debora Nelson seconded the motion to approve the resolution approving the development agreement with Centennial Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 5 of 9 Park 5J LLC, and authorized the Mayor to sign the development agreement. The motion passed 6 to 1, with Councilmember Mike Hopson voting no. NEW BUSINESS Memorandum of Understanding with Port of Everett City Administrator Paul Ellis reviewed a Memorandum of Understanding (MOU) with the Port of Everett. The City of Arlington and Port of Everett work together and collaborate in supporting employer recruitment to the Cascade Industrial Center, including assessment, financial consulting, and outreach; evaluate the advantages of entering into a partnership agreement or lease regarding the Cascade Industrial Center for job development; evaluate opportunities to partner with Washington State University for a possible center of excellence in green manufacturing and robotics or other opportunities as they may arise; and consider other strategies that may assist in achieving the common goals. The MOU shall be effective until August 31, 2023. Discussion followed with Mr. Ellis answering Council questions. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve the memorandum of understanding with the Port of Everett, and authorized the Mayor to sign it. The motion passed unanimously. Low Bid Award for Wastewater EQ Basin Public Works Director Jim Kelly reviewed bids for the WRF Permeate Equalization Project and award of project to low bidder. The November 2019 NPDES permit reissuance required the City to perform several maintenance and improvement projects to the WRF. These improvements include: 1) conversion of Arlington Water Reclamation Facility membrane basin #6 into a permeate equalization basin, 2) adding effluent controls and monitoring systems, 3) installation of a reclaimed water metering system, 4) replacement of the existing digested sludge pumps with positive displacement pumps, and 5) system integration (programming). BHC completed the design and the project was publically bid in July, bids opened on July 15, 2021. The certified low bidder is McClure & Sons, Inc. with a bid in the amount of $1,460,978.06. Discussion followed with Mr. Kelly answering Council questions. Councilmember Debora Nelson moved and Councilmember Marilyn Oertle seconded the motion to award the Water Reclamation Facility Equalization and Digested Sledge Pumping Project to McClure and Sons Inc., in the amount of $1,460,978.06 and authorized the Mayor to sign the Construction Contract. The motion passed unanimously. Low Bid Award for Lift Station #16 Public Works Director Jim Kelly reviewed bids for the Cascade Industrial Center Lift Station 16 Project and award the project to the certified low bidder. Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 6 of 9 The full project was not budgeted, but because of accelerated development in the Cascade Industrial Center, these utilities need to be installed. The additional funds are available in the Sewer Capital Fund. The City contracted with Murraysmith for completion of the design and the project was publically bid in July, bids opened on July 15, 2021. The certified low bidder is Equity Builders, Inc. with a bid in the amount of $1, 349,073.20. Discussion followed with Mr. Kelly answering Council questions. Councilmember Debora Nelson moved and Councilmember Marilyn Oertle seconded the motion to approve the resolution rejecting the bid protest, and authorized the Mayor to sign the resolution, and award the Cascade Industrial Center Lift Station 16 Project to Equity Builders, LLC in the amount of $1,349,073.20 and authorized the Mayor to sign the Construction Contract. The motion passed unanimously. Murraysmith Contract Amendment #3 Public Works Director Jim Kelly reviewed Amendment #3 to the Murraysmith 2021 UPP and Smokey Point Blvd Overlay Project for additional design and preparation of construction documents. The City’s Pavement Preservation Program has planned roads to be resurfaced for years 2018-2021; a utility replacement program is running concurrently so aged and failing utility infrastructure can be replaced before the roads are resurfaced. Design and construction work has been completed for years 2018, 2019, and 2020. The City had requested additional design work for year 2021 which included additional paving, additional ADA ramp replacement, and additional water main replacement work. In addition, there were multiple requests made by WSDOT for the Smokey Point Boulevard Overlay project. Funding for this work will be divided among Utility CIP Funds and TBD funds. This Amendment #3 will provide funding for design changes incorporated to date and work necessary to elevate construction documents to Public Bid quality. Discussion followed with Mr. Kelly answering Council questions. Councilmember Debora Nelson moved and Councilmember Jan Schuette seconded the motion to approve Amendment #3 to the Murraysmith 2021 UPP and Smokey Point Blvd. Project, and authorized the Mayor to sign the amendment, pending final approval by the City Attorney. The motion passed unanimously. Low Bid Award for 59th Avenue Complete Streets Project Development Services Manager Nova Heaton reviewed the bid tabulation for the 59th Ave Complete Streets Project, and award the project to the certified low bidder. In 2018, the City of Arlington approved a Complete Streets Ordinance and the Complete Streets Plan for the City. In December 2018, the Snohomish County Health District nominated the City for Complete Streets funding. The Transportation Improvement Board responded with an award of funding for $600,000. The Boys and Girls Club requested Department of Commerce funding for parking lot improvements and were awarded $519,400.00 to improve parking areas on City owned property. Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 7 of 9 The projects were combined into one public bid project opened on June 24, 2021. The certified low bid was Reece Construction in the amount of $1,035,287.09. Discussion followed with Ms. Heaton answering Council questions. Mayor Pro Tem Jesica Stickles moved and Councilmember Debora Nelson seconded the motion to award the 59th Avenue Complete Streets Project to Reece Construction in the amount of $1,035,287.09, and authorized the Mayor to sign the construction contract. The motion passed unanimously. Discussion regarding Open Council Position City Administrator Paul Ellis stated that Mayor Pro Tem Jesica Stickles has resigned from City Council. Her resignation is effective September 1, 2021. Mr. Ellis and City Attorney Steve Peiffle reviewed two options for City Council to move forward in finding the next candidate to fill the vacancy. Mr. Peiffle drafted a memo that Mr. Ellis handed out to City Council prior to the start of tonight’s Council meeting for review. Mr. Peiffle stated Council’s obligation is to fill the vacancy that is caused by Mayor Pro Tem Jesica Stickles resignation. This is an unusual situation, because we have a pending election coming up and relatively short period of time to be filled and the vacancy would be for a short period of time. Currently the Council Rules state what the process is to fill a Council vacancy. Council Rules of Procedure are subject to being amended, and Council can change them at any time. Mr. Peiffle continued to state that Heather Logan has filed unopposed for this position, unless there was a successful write-in candidate, she would be elected as of January 1, 2022. With this information, Council has the option to make an Amendment to the Council Rules of Procedure allowing Heather Logan to be elected sooner and bypass the current Rules of Procedure that cause for a lengthy process and only allowing a potential candidate to be in office for a few months. Discussion followed with Mr. Peiffle and Mr. Paul Ellis answering Council questions. There is a need to call for a special meeting on September 7, 2021 for further discussion and allow for the proper documents to be drafted. Due to a special meeting, Council has the option to change the time of the meeting. Council had a question regarding the designation of the new Mayor Pro Tem and Mr. Peiffle will update Council after review in the next few weeks. COMMENTS FROM COUNCILMEMBERS Councilmember Mike Hopson wanted to express ongoing concern from residents and himself regarding the rapid growth within the City and the extra congestion. He questions why it all has to be all at once and direction on how to address the public when confronted. Mayor Tolbert stated that the Mayor and Council have no control over the free market, the demand for development and the demand for land. When people sell their land and someone purchases and wants to develop it into something different, frequently they want that time period to extend out, and that can become costly to the developer, and maybe not pencil out. Every city in Western Washington is asking the same thing; the market is hot at the moment, Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 8 of 9 and our Community and Economic Development Department is reacting within the constraints and the timeframes that they are required too, including the permitting process. Councilmember Jan Schuette wanted to add a comment to Councilmember Mike Hopson’s question. She was on the Growth Management Board where they certified the Cascade Industrial Center. That center is drawing more business because it is bordered by four state highways, rail system that goes through town, the airport, and is close to a port, and universities. Between now and 2050, Snohomish County is expected to grow by half a million people. The impact will be great and south Snohomish County cities are filling up quickly, if not already full, causing families and businesses to move north to the Arlington area. The City of Arlington is an ideal place, and that is what is attracting so many people. Councilmember Debora Nelson stated she read an article on the best place in America for millennials to buy a home, and it was Western Washington. The jobs are so good here, and the salary base is the highest in the nation. Councilmember Michele Blythe recognized Mayor Pro Tem Jesica Stickles for her support when she ran for office, and Ms. Stickles’ support to her while in office. The education was invaluable, and she thanked her for everything. Following, Mayor Tolbert gave a presentation of gratitude and achievements over the last two years for Mayor Pro Tem Jesica Stickles and presented her with a plaque. Councilmember Don Vanney requested an update regarding the ADA and handicap parking concerns addressed previously. Mr. Ellis reviewed upcoming updates and changes in his Administrator Report. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis updated the Mayor and City Council about transportation projects in Old Town. Public Works evaluated the parking downtown, with ADA parking specifically. There are 14 ADA stalls in the public parking downtown. A random count was done of those stalls during different times of the day, and there were no areas that were deficient. However, some stalls were poorly marked, or the markings faded over time. The remarking has been added to the maintenance list. Also reviewed were areas to locate additional public parking, such as the old Safeway at the south end of town near the Lebanon right-of-way which belong to the City. Public Works is working on a striping plan, and intend to add public parking signs and possible additional ADA stalls. The parking lot just south of Legion Park has no ADA parking; Public Works is going to review a way to add one stall for accommodation. Another parking opportunity is 5th Street right-of way, west of West Ave. The City has been informally making temporary ADA stalls for events, so moving forward this will be formalized, so Maintenance and Operations automatically add nine more ADA stalls downtown. Minutes of the City of Arlington City Council Meeting August 2, 2021 Page 9 of 9 Looking at the crosswalks and ways at making them look more noticeable – the trail crossing at Division and at Burke, will receive high visible marking in addition to flashing light similar to the newly installed roundabout. Looking to get the funds ahead of time for these additions. New paint products are going to be tested, and are similar to the green bike lanes in Downtown Seattle. They do not last as long as thermoplastics, but they are easier to apply, cost less when they need to be re-installed and City staff will be able to apply instead of contracting out for the work to be done. The width of strips will also be increased from six inches to 12 inches, to make it more visible to drivers. The Division Street Rehab Project is going to rebuild the traffic circles. Right now it’s a white strip to direct traffic around the traffic circle and will be replaced with a raised curb which will force the vehicles to stay in their lane and slow the traffic down. Adding an additional radar trailer to the City’s fleet for more education in the downtown area and throughout the city will be coming. The City has also been testing radar signs and traffic signs. There are semi-permanent testing signs on Cemetery Road. They alert drivers on their speed. The data collected showed decreased speed changes. It has since been relocated to 211th, but the data has not been downloaded from that location yet. It’s still a testing phase, but if it’s successful, the City will purchase additional signs. MAYOR’S REPORT In September, a representative from WSDOT will be coming to talk to the Council and the public to update about the progress of the road expansion on 172nd and what can be expected from that project; WSDOT owns and controls the road. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:07 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Minutes of the City of Arlington Audit Entrance Zoom Conference Executive Conference Room 238 N. Olympic Avenue September 7, 2021 Councilmembers Present: Jan Schuette, Don Vanney, and Michele Blythe. Council Members Absent:, Mike Hopson, Debora Nelson, and Marilyn Oertle. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Sheri Amundson and Ashleigh Scott. Also Known to be Present: Audit Supervisor Courtney Amonsen, Audit Lead Dalton Nield, and Program Manager Kristina Baylor. The special meeting was called to order at 10:00a.m. DISCUSSION Annual State Audit Entrance Conference Program Manager Kristina Baylor introduced the team that would be conducting the annual audit of the City of Arlington and notified the attendees of the audit scope. Audit Lead Dalton Nield reviewed that the auditors plan to evaluate the following areas: • Accountability – They will examine the management, use and safeguarding of public resources to ensure there is protection from misuse and misappropriation. In addition, they will evaluate whether there is reasonable assurance for adherence to applicable state laws, regulations and policies and procedures. They plan to evaluate the following: accounts receivable – utility billing, adjustments and collections; payroll – gross wages, overtime, lease cash outs and bonus and incentive payments; use of restricted funds and financial conditions. • Financial Statement Audit for January 1, 2020 through December 31, 2020 – They will provide an opinion on whether the City of Arlington’s financial statements are presented fairly, in all material respects, in accordance with the applicable reporting framework. The audit does not attempt to confirm the accuracy of every amount, but does search for errors large enough to affect the conclusions and decisions of a financial statement user. Minutes of the City of Audit Entrance Conference September 7, 2021 • Federal Grant Compliance Audit for January 1, 2020 through December 31, 2020 – This audit is required by federal law when a local government spends $750,000 or more annually in federal financial assistance. They will provide an opinion on compliance with federal requirements that could have a direct and material effect on the major federal programs. o They plan to test the following federal programs:  Airport Improvement Program  COVID – 19 Coronavirus Relief Fund Audit Supervisor Courtney Amonsen reviewed the engagement letter that confirms both management and auditor responsibilities, terms and limitations; the different levels of reporting; management letters that are not within the report but to communicate control deficiencies, non-compliance and/or misappropriation or abuse that are less significant than a finding; exit items or housekeeping items such as errors that are insignificant effect on the audit objectives. Ms. Amonsen further reviewed potential audit costs, expected communication throughout the audit process, audit dispute process, loss reporting, peer reviews of the Washington State Auditor’s Office, ways to stay connected during and after the audit process for staff and the public and emerging issues affecting local governments. ADJOURNMENT With no further business to be conducted, the special meeting was adjourned at 10:25 a.m. ___________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street September 7, 2021 Councilmembers Present: Michele Blythe, Jan Schuette, Debora Nelson, Marilyn Oertle, and Don Vanney. Council Members Absent: Mike Hopson. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, City Attorney Steve Peiffle, Jonathan Ventura, Tony Orr, Sarah Lopez, Marc Hayes and Ashleigh Scott Also Known to be Present: Bryan Terry and family, Heather Logan and family, Dave Kraski and Avery Hufford. Mayor Barb Tolbert called the meeting to order at 5:30 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Interim Mayor Pro Tem Debora Nelson moved to approve the agenda as presented. Councilmember Jan Schuette seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Recognizing IT Director Bryan Terry Mayor Tolbert presented former IT Director Bryan Terry a plaque for his amazing and respectable years of service. She thanked him for all his dedication and work he has brought to Arlington over the last ten years. Bryan Terry was accompanied by his family. PUBLIC COMMENT Avery Hufford, Arlington stated that he and other residents of the Centennial Park complex are facing parking issues. There are concerns that with new buildings being completed, there will be a future of continued parking problems. He distributed photos to Council and staff showing how the reserved parking spaces and guest parking are completely full during work hours. Mr. Hufford would like to have a further discussion to fix the issues. PUBLIC HEARING None. Minutes of the Arlington City Council Special Meeting Minutes of the City of Arlington City Council Special Meeting September 7, 2021 Page 2 of 4 NEW BUSINESS Appointment of Heather Logan to Fill Vacated Seat of Councilmember Jesica Stickles City Administrator Paul Ellis reviewed the appointment of Heather Logan to City Council Position #1, previously held by Jesica Stickles, and vacated by Ms. Stickles on September 1, 2021. Council member Jesica Stickles served on City Council from 2014 to 2021. She resigned September 1, 2021, before her December 31, 2021 term ended, leaving a vacant Council seat that will last only until the election. Heather Logan is running unopposed for that seat. Because the appointee will only serve until the election, and because it appears Heather Logan is running unopposed, the City Attorney and City Administrator believe the most practical course of action is to appoint Ms. Logan to fill the seat now until the November 2, 2021 General Election. Discussion followed with Mr. Ellis answering Council questions. Councilmember Debora Nelson moved and Councilmember Jan Schuette seconded the motion to temporarily suspend the City Council rules of procedure, and to appoint Heather Logan to City Council Position #1, to fill the vacant seat of Councilmember Jesica Stickles. The motion passed unanimously. Following the motion to appoint Heather Logan to City Council Position #1, City Attorney Steve Peiffle administered the oath of office to Ms. Logan. Mobile Integrated Health City Administrator Paul Ellis reviewed the Washington State Health Care Authority Agreement and draft Professional Services Agreement with Kaitlyn Goubeau, LICSW. The Mobile Integrated Health Program is a pilot program funded 100% with a grant from the Washington State Health Care Authority. This program will utilize interns who are obtaining their Master’s Degrees in social work, to assist individuals experiencing behavioral health distress. Under the direction and supervision of a mental health professional, the interns will receive requests from Arlington police officers and North County Regional Fire Authority emergency medical staff. The interns will identify the individuals’ behavioral health needs, and make referrals to address their needs by professional services. The program will begin in September 2021, and be completed no later than July 31, 2023. Discussion followed with Mr. Ellis answering Council questions. Councilmember Debora Nelson moved and Councilmember Jan Schuette seconded the motion to accept the grant funding for the Mobile Integrated Health Program, and authorized the Mayor to sign the agreement with Washington Health Care Authority, and authorized the Mayor to sign a Professional Services Agreement with Kaitlyn Goubeau, to provide services for the Mobile Integrated Health Program, subject to final review by the City Attorney. The motion passed unanimously. Minutes of the City of Arlington City Council Special Meeting September 7, 2021 Page 3 of 4 Selection of Mayor Pro Tem Mayor Barb Tolbert and City Attorney Steve Peiffle reviewed the selection of a new Mayor Pro Tem. Councilmember Jesica Stickles served as Mayor Pro Tem from January 2020 to August 31, 2021. She resigned September 1, 2021, leaving a vacancy for Mayor Pro Tem. This selection by Council is for a Mayor Pro Tem to serve until the second meeting in January 2022, when the two year selection for Mayor Pro Tem will be made. The City Council is to select a Mayor Pro Tem every two years. The Council Rules of Procedure state as follows: Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem will be selected by a majority vote of the Council members at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Councilmember for at least two (2) years before appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Councilmember who has served the longest in office. The Alternate Mayor Pro Tem will be the Councilmember who most recently served as Mayor Pro Tem. Councilmember Debora Nelson spoke on behalf of herself and Marilyn Oertle in nominating Jan Schuette to become the new Mayor Pro Tem. Councilmember Debora Nelson moved and Michele Blythe seconded the motion to select Councilmember Jan Schuette as the City Council’s Mayor Pro Tem, to serve until the January 18, 2022 Council meeting. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS None. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis discussed the increase of COVID cases with the new variant, and asked the opinions of Council about reverting back to virtual City Council meetings, moving forward, until the case counts decline to safer levels. Mr. Ellis stated that City Hall and other departments will remain open until further notice. Staff have options to work from home, and are also able to work safely within the offices, as well. Mayor Tolbert asked Council to state their choice in this matter, and with a majority vote, City Council will revert back to virtual City Council Workshop and City Council Meetings following summer break on September 13, 2021. Minutes of the City of Arlington City Council Special Meeting September 7, 2021 Page 4 of 4 MAYOR’S REPORT Mayor Tolbert stated that she met with Congressman Rick Larsen and Senator Maria Cantwell to provide the City’s final plea for 169th funding as they go through the reconciliation process with the big bill. Both the Congressman and Senator have committed to do so. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:03 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 5 September 13, 2021 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Heather Logan and Michele Blythe. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Jonathan Ventura, Jim Kelly, Sarah Lopez, Dave Ryan, Jonathan Ventura, City Attorney Steve Peiffle, Tony Orr, and Ashleigh Scott. Also Known to be Present: Forty-seven YouTube viewers, Chris Damitio from WSDOT, Chad Schmidt, Eric Nordstrom, and Carson Raz. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Public Works Director James Kelly introduced WSDOT Representative Chris Damitio, who provided a briefing on the SR 531widening project from 43rd to 67th Avenue. PROCLAMATION Councilmember Heather Logan read the Childhood Cancer Awareness Month proclamation. WORKSHOP ITEMS – NO ACTION WAS TAKEN Contract Update with Zachor, Stock and Krepps, Inc., P.S. City Administrator Paul Ellis reviewed the contract update with Zachor, Stock, and Krepps, Inc., P.S. An update to the prosecutorial contract with Zachor, Stock, and Krepps, Inc., P.S. In section 15, language was added stating that the City expressly authorizes the assignment of the contract from Zachor and Thomas, Inc., P.S. to Zachor, Stock, and Krepps, Inc., P.S. The City of Arlington has been under contract with Zachor and Thomas, Inc., P.S. for many years. Discussion followed with Mr. Ellis answering Council questions. Minutes of the Arlington City Council ZOOM Workshop Minutes of the City of Arlington City Council Workshop September 13, 2021 Page 2 of 5 American Rescue Plan Act of 2021 Budget City Administrator Paul Ellis reviewed the American Rescue Plan Act of 2021 (ARPA) Grant Projects. A budget summary outlined funds for the American Recovery Plan Act received by the City of Arlington, with total funding received in the amount of $5,734,550. These funds are restricted to specific effects of COVID-19, and must be committed by 2024. The 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 being asked to accept the ARPA funds in the amount of $5,734,550, and approve the Budget Summary totaling $4,008,020.00. The U.S. Treasury fund issued Local Fiscal Recovery Funds to cities, counties and states as part of the American Rescue Plan Act, to assist with the economic and public health concerns of COVID-19. The City of Arlington is not designated as a direct receiver, and received funding from the Washington State Department of Financial Management. Discussion followed with City Administrator Paul Ellis Answering Council questions. Transfer Management of Hadley Hall to Boys & Girls Club Community Engagement Director Sarah Lopez reviewed the proposal to transfer management of Hadley Hall to the Boys & Girls Club. 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. City staff is 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. The current policy allows fees to be waived for nonprofit groups serving youth, this policy would remain under Boys and Girls Club management. The Arlington Boys and Girls Club was built in 1993 on City property. Richard Hadley donated $150,000 towards a community room. There has been an agreement of separation of the community room from the lease between the City and the Boys and Girls Club since the beginning. Discussion followed with Mrs. Lopez answering Council questions. Authorization to Apply for 2022 Hotel-Motel Small Fund Grant (Tourism Grant) Community Engagement Director Sarah Lopez reviewed the authorization to apply for the 2022 Hotel-Motel Small Fund Grant (Tourism Grant). Staff is 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 program using 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 Snohomish County Tourism. 3. Funding to pay for digital marketing assets of our region, including photographs, videography, and marketing material. 4. Funding for contractor to create a five-year tourism plan for Arlington, aligned Minutes of the City of Arlington City Council Workshop September 13, 2021 Page 3 of 5 with Snohomish County’s goals for the region. This grant program requires a 25 percent match. Total grant request is $25,350. Required match from City $8,125. Match funding could be provided by the ARPA funding designated for tourism or City LTAC grant if grant is offered in 2022. These projects align with the County’s 2018-2022 Strategic Tourism Plan. The Hotel-Motel Small Fund Grant is to support tourism marketing, promotions, and capital projects that support and align with the County’s Strategic Tourism Plan goals. Funding is through County Lodging Taxes. More information at: https://www.seattlenorthcountry.com/industry-resources/lodging-tax-grants/hotel-motelsmall-fund/ Discussion followed with Mrs. Lopez Answering Council questions. Public Art for 59th Avenue Complete Streets Project Community Engagement Director Sarah Lopez reviewed the public art for 59th Avenue Complete Streets Project. 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. One proposal was received 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 Street landscaping. The City’s Public Art Strategic Plan identifies a goal of integrating art into public projects. Discussion followed with Mrs. Lopez answering Council questions. Acceptance of FAA Funds from American Recue Plan Act of 2021 Airport Director Dave Ryan reviewed the acceptance of FAA American Rescue Plan Act of 2021 (ARPA) Grant. 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 condition that the Council makes a motion to accept before that time. The Airport should receive these funds in November 2021. The Airport has received two previous CARES ACT grants over the past two years. One in the amount of $69,000, and one in the amount of $23,000. Discussion followed with Mr. Ryan answering Council questions. Waterline Extension Agreement with Fire District 21 Public Works Director Jim Kelly reviewed the utility extension agreement and interlocal agreement for maintenance security agreement with Snohomish County Fire District #21. Snohomish County Fire District #21 intends to construct a fire station facility at 17827 McElroy Road, Arlington. The property is within the City of Arlington’s water service area. Minutes of the City of Arlington City Council Workshop September 13, 2021 Page 4 of 5 As part of the project, the 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 two year period. This allows the District to avoid the costs of obtaining a third party bond while ensuring the District will pay for any deficiencies discovered during the first two years after construction. The District requested the City review plans for a utility extension and obtained permits earlier in 2021. City staff and attorneys for the District and the City have negotiated the terms of the two agreements and the District would like approval so they can bid the project. Discussion followed with Mr. Kelly answering Council questions. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis discussed an adjustment regarding the budget retreat in October. Normally the first Saturday in October is a single day retreat to work on budget. After discussing the budget considerations with the Finance Director Kristin Garcia, they are confident this can be accomplished during workshops, and are requesting to use the time October 2 to discuss the police departments five-year plan. The workshop on the 27th is quite full, and this gives more discussion time on October 2nd. Discussion followed and was approved unanimously. MAYOR’S REPORT Due to the American Rescue Plan funding, Arlington will have a cold weather shelter in place for the upcoming cold season, being held at the Senior Center. Mayor Tolbert and Marc Hayes have been in contact with a Korean agency named Kosmi for a few years. They are an off-shoot of the Korean Government for their small and medium enterprises and a start-up agency. They will be sending officials out next week to sign an MOU with Arlington and the City of Marysville and Snohomish County to look towards the CIC as they invest some of their companies to have operations in the United States, as well as teach some of our businesses in case they want to expand into Korea. COMMENTS FROM COUNCILMEMBERS None. COUNCILMEMBER REPORTS Councilmembers Jan Schuette provided brief updates, while Councilmembers Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Heather Logan and Michele Blythe had nothing to report this evening. PUBLIC COMMENT None. Minutes of the City of Arlington City Council Workshop September 13, 2021 Page 5 of 5 REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the Consent Agenda for the September 20, 2021 Council meeting: 1. Contract Update with Zachor, Stock and Krepps, Inc., P.S. 4. Authorization to Apply for 2022 Hotel-Motel Small Fund Grant EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:16 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 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. 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 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. Za chor 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 City of Arlington Council Agenda Bill Item: CA #4 Attachment C using 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 Snohomish County Tourism. 3. Funding to pay for digital marketing assets of our region, including photographs, videography, and marketing material. 4. Funding for contractor to create a five-year tourism plan for Arlington, aligned with Snohomish County’s goals for the 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 WS City of Arlington Council Agenda Bill Item: NB #1 Attachment D 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: NB #2 Attachment E interviews and experience of the applicants. The panel agreed unanimously that current Airport Commissioner, John Branthoover, be re-appointed to the Airport Commission. Mr. Branthoover’ s experience in the aerospace industry as well as the experience he has gained during his first term as a commissioner will serve the City well in his second term. The Selection Committee recommends that the City Council appoint Mr. Branthoover for a second City of Arlington Council Agenda Bill Item: NB #3 Attachment F 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: NB #4 Attachment G 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: NB #5 Attachment H 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: NB #6 Attachment I 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) City of Arlington Council Agenda Bill Item: NB #7 Attachment J (Budget Amendment in 2022) LEGAL REVIEW: DESCRIPTION: Review of bid tabulation for the 40th Ave Intersection Project and award of project to low bidder. HISTORY: The Smokey Point neighborhood along SR-531 (172nd St) has grown into a developed mixed-use residential and commercial center. Traffic along SR-531 from Smokey Point Blvd to 43rd Ave has increased significantly due to Snohomish County expansion east of Arlington and the growth of the Cascade Industrial Center. This increased traffic has created safety issues for vehicles and pedestrians. The 40th Ave Intersection project will meet needs of this neighborhood by providing vehicle safety, pedestrian crossing and public transit facilities (bus pull-outs). This project will create a solid median that will eliminate dangerous left turn pockets, install a signal at 40th Ave for safe U-turn vehicle movements and pedestrian crossing, and install bus pull-outs for future Community Transit bus routes. Staff applied for and received a $1.1 million grant from the Washington State TIB to help fund this   Item  No. DESCRIPTION  WSDOT  Standard  Item No.  WSDOT Spec      Ref Sect. Approx.  Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Bid Schedule A: Utility Improvements 1 Unexpected Site Changes 1-04.4 SP 1 EST 31,000.00$           31,000.00$             31,000.00$           31,000.00$             31,000.00$           31,000.00$             31,000.00$           31,000.00$            31,000.00$           31,000.00$             2 Roadway Surveying 1-05.4 SP 1 LS 31,000.00$           31,000.00$             16,000.00$           16,000.00$             16,000.00$           16,000.00$             18,000.00$           18,000.00$            25,000.00$           25,000.00$             3 Record Drawings (Minimum Bid $5000) 1-05.18 SP 1 LS 5,000.00$             5,000.00$                5,000.00$             5,000.00$               5,000.00$             5,000.00$               5,000.00$             5,000.00$               10,000.00$           10,000.00$             4 SPCC Plan 1-07.15 1 LS 500.00$                500.00$                   1,000.00$             1,000.00$               1,000.00$             1,000.00$               1,000.00$             1,000.00$               10,000.00$           10,000.00$             5 Pedestrian Traffic Control 1-07.23 SP 1 LS 5,000.00$             5,000.00$                5,000.00$             5,000.00$               8,000.00$             8,000.00$               25,000.00$           25,000.00$            10,000.00$           10,000.00$             6 Type B Progress Schedule (Min Bid -$5000) 1-08.3 SP 1 LS 5,000.00$             5,000.00$                5,000.00$             5,000.00$               5,000.00$             5,000.00$               5,000.00$             5,000.00$               40,000.00$           40,000.00$             7 Mobilization (10%)1-09.7 1 LS 152,000.00$        152,000.00$           180,000.00$        180,000.00$          183,000.00$        183,000.00$           200,000.00$        200,000.00$          227,000.00$        227,000.00$           8 Project Temporary Traffic Control (5%) 1-10 SP 1 LS 76,000.00$           76,000.00$             30,000.00$           30,000.00$             90,000.00$           90,000.00$             85,000.00$           85,000.00$            280,000.00$        280,000.00$           9 Flaggers 1-10 SP 3170 HR 70.00$                  221,900.00$           72.00$                  228,240.00$          58.90$                  186,713.00$           60.00$                  190,200.00$          80.00$                  253,600.00$           10 Off-Duty Uniformed Police Officer 1-10 SP 80 HR 130.00$                10,400.00$             95.00$                  7,600.00$               150.00$                12,000.00$             120.00$                9,600.00$               110.00$                8,800.00$                11 Clearing and Grubbing 2-01 SP 1 LS 4,000.00$             4,000.00$                6,500.00$             6,500.00$               10,000.00$           10,000.00$             15,000.00$           15,000.00$            20,000.00$           20,000.00$             12 Removing Miscellaneous Traffic Items 2-02 SP 1 LS 30,000.00$           30,000.00$             50,000.00$           50,000.00$             60,000.00$           60,000.00$             28,000.00$           28,000.00$            55,000.00$           55,000.00$             13 Roadway Excavation Incl. Haul 2-03 2,010 CY 60.00$                  120,600.00$           22.50$                  45,225.00$             38.00$                  76,380.00$             45.00$                  90,450.00$            30.00$                  60,300.00$             14 Structure Excavation Class B Incl. Haul 2-09 110 CY 50.00$                  5,500.00$                12.50$                  1,375.00$               33.00$                  3,630.00$               15.00$                  1,650.00$               13.00$                  1,430.00$                15 Shoring Or Extra Excavation Class B 2-09 180 SF 10.00$                  1,800.00$                8.00$                     1,440.00$               2.00$                     360.00$                   5.00$                     900.00$                  0.10$                     18.00$                     16 Crushed Surfacing Top Course 4-04 80 TON 50.00$                  4,000.00$                42.50$                  3,400.00$               70.00$                  5,600.00$               42.00$                  3,360.00$               20.00$                  1,600.00$                17 Crushed Surfacing Base Course 4-04 1340 TON 40.00$                  53,600.00$             37.00$                  49,580.00$             40.00$                  53,600.00$             42.00$                  56,280.00$            20.00$                  26,800.00$             18 HMA CI 1/2 In. PG 58H-22 5-04 SP 1640 TON 120.00$                196,800.00$           115.00$                188,600.00$          116.00$                190,240.00$           116.00$                190,240.00$          100.00$                164,000.00$           19 Modular Block Wall 6-20 SP 230 SF 50.00$                  11,500.00$             60.00$                  13,800.00$             90.00$                  20,700.00$             80.00$                  18,400.00$            100.00$                23,000.00$             20 Drain Pipe 6 In. Diam. 7-01 SP 20 LF 100.00$                2,000.00$                61.00$                  1,220.00$               60.00$                  1,200.00$               75.00$                  1,500.00$               40.00$                  800.00$                   21 Schedule A Storm Sewer Pipe 12 In. Diam. 7-04 SP 50 LF 150.00$                7,500.00$                66.00$                  3,300.00$               60.00$                  3,000.00$               150.00$                7,500.00$               70.00$                  3,500.00$                22 Adjust Catch Basin 7-05 3 EA 550.00$                1,650.00$                525.00$                1,575.00$               700.00$                2,100.00$               1,000.00$             3,000.00$               1,000.00$             3,000.00$                23 Adjust Existing Communication Vault Casting 7-05 SP 1 EA 3,000.00$             3,000.00$                750.00$                750.00$                  800.00$                800.00$                   1,000.00$             1,000.00$               1,000.00$             1,000.00$                24 Catch Basin Type 1 7-05 2 EA 2,000.00$             4,000.00$                2,000.00$             4,000.00$               2,000.00$             4,000.00$               2,000.00$             4,000.00$               2,500.00$             5,000.00$                25 Connection to Drainage Structure 7-05 2 EA 550.00$                1,100.00$                1,500.00$             3,000.00$               1,200.00$             2,400.00$               1,000.00$             2,000.00$               500.00$                1,000.00$                26 Erosion/Water Pollution Control 8-01 1 FA $31,000.00 31,000.00$             31,000.00$           31,000.00$             100.00$                100.00$                   31,000.00$           31,000.00$            31,000.00$           31,000.00$             27 Inlet Protection 8-01 49 EA $75.00 3,675.00$                90.00$                  4,410.00$               100.00$                4,900.00$               70.00$                  3,430.00$               200.00$                9,800.00$                28 Silt Fence 8-01 320 LF 5.00$                     1,600.00$                7.50$                     2,400.00$               6.00$                     1,920.00$               10.00$                  3,200.00$               15.00$                  4,800.00$                29 PSIPE - Dwarf Red-Osier Dogwood, 3 Gal. 8-02 60 EA 55.00$                  3,300.00$                33.00$                  1,980.00$               40.00$                  2,400.00$               33.00$                  1,980.00$               67.00$                  4,020.00$                30 PSIPE - Dwarf Ninebark, 3 Gal. 8-02 12 EA 65.00$                  780.00$                   33.00$                  396.00$                  50.00$                  600.00$                   33.00$                  396.00$                  67.00$                  804.00$                   31 PSIPE - Sword Fern, 1 Gal. 8-02 84 EA 15.00$                  1,260.00$                16.00$                  1,344.00$               30.00$                  2,520.00$               18.00$                  1,512.00$               45.00$                  3,780.00$                32 PSIPE - Evergreen Huckleberry, 3 Gal. 8-02 24 EA 55.00$                  1,320.00$                33.00$                  792.00$                  50.00$                  1,200.00$               33.00$                  792.00$                  67.00$                  1,608.00$                33 PSIPE - Nervosa Mahonia, 1 Gal. 8-02 58 EA 15.00$                  870.00$                   16.00$                  928.00$                  30.00$                  1,740.00$               18.00$                  1,044.00$               45.00$                  2,610.00$                34 Seeding and Mulching 8-02 SP 0.02 AC 50,000.00$           1,000.00$                9,700.00$             194.00$                  30,000.00$           600.00$                   50,000.00$           1,000.00$               56,000.00$           1,120.00$                35 Topsoil Type A 8-02 SP 130 CY 60.00$                  7,800.00$                76.00$                  9,880.00$               90.00$                  11,700.00$             75.00$                  9,750.00$               110.00$                14,300.00$             36 Bark or Woodchip Mulch 8-02 SP 21 CY 80.00$                  1,680.00$                80.00$                  1,680.00$               110.00$                2,310.00$               80.00$                  1,680.00$               167.00$                3,507.00$                37 Rounded River Rock 8-02 SP 42 TON 100.00$                4,200.00$                230.00$                9,660.00$               110.00$                4,620.00$               200.00$                8,400.00$               150.00$                6,300.00$                38 Property Restoration 8-02 SP 1 LS 7,000.00$             7,000.00$                5,000.00$             5,000.00$               6,000.00$             6,000.00$               15,000.00$           15,000.00$            15,000.00$           15,000.00$             39 Irrigation System 8-03 SP 1 LS 15,000.00$           15,000.00$             33,000.00$           33,000.00$             10,000.00$           10,000.00$             80,000.00$           80,000.00$            71,000.00$           71,000.00$             40 Irrigation Restoration 8-03 SP 1 LS 5,000.00$             5,000.00$                10,000.00$           10,000.00$             3,000.00$             3,000.00$               15,000.00$           15,000.00$            4,000.00$             4,000.00$                41 Cement Conc. Traffic Curb and Gutter 8-04 450 LF 40.00$                  18,000.00$             36.50$                  16,425.00$             85.00$                  38,250.00$             72.00$                  32,400.00$            33.00$                  14,850.00$             42 Cement Conc. Traffic Curb 8-04 2300 LF 30.00$                  69,000.00$             27.00$                  62,100.00$             36.00$                  82,800.00$             33.00$                  75,900.00$            29.00$                  66,700.00$             43 Precast Dual Faced Sloped Mountable Curb 8-07 1020 LF 20.00$                  20,400.00$             28.00$                  28,560.00$             29.00$                  29,580.00$             30.00$                  30,600.00$            29.00$                  29,580.00$             44 Coated Chain Link Fence Type 1 8-12 SP 70 LF 60.00$                  4,200.00$                89.00$                  6,230.00$               95.00$                  6,650.00$               75.00$                  5,250.00$               35.00$                  2,450.00$                45 Coated End, Gate, Corner, and Pull Post for Chain Link Fence 8-12 SP 6 EA 350.00$                2,100.00$                270.00$                1,620.00$               730.00$                4,380.00$               400.00$                2,400.00$               390.00$                2,340.00$                46 Cement Conc. Sidewalk 8-14 SP 280 SY 70.00$                  19,600.00$             56.00$                  15,680.00$             160.00$                44,800.00$             150.00$                42,000.00$            83.00$                  23,240.00$             47 Cement Conc. Curb Ramp Type Perpendicular A 8-14 SP 60 SY 200.00$                12,000.00$             185.00$                11,100.00$             240.00$                14,400.00$             200.00$                12,000.00$            300.00$                18,000.00$             48 Cement Conc. Bus Shelter Pad 8-14 SP 20 SY 250.00$                5,000.00$                171.00$                3,420.00$               148.00$                2,960.00$               175.00$                3,500.00$               190.00$                3,800.00$                49 18" Cement Conc. Border 8-14 SP 2,300 LF 40.00$                  92,000.00$             31.00$                  71,300.00$             28.50$                  65,550.00$             22.00$                  50,600.00$            20.00$                  46,000.00$             50 Flexible Delineator Post 8-19 SP 3 EA 50.00$                  150.00$                   200.00$                600.00$                  190.00$                570.00$                   300.00$                900.00$                  200.00$                600.00$                   51 Traffic Signal System (172nd St/NE/40th Ave NE) 8-20 SP 1 LS 452,000.00$        452,000.00$           510,000.00$        510,000.00$          488,000.00$        488,000.00$           510,000.00$        510,000.00$          493,000.00$        493,000.00$           52 ITS System Modifications (172nd St NE) 8-20 SP 1 LS 43,000.00$           43,000.00$             60,000.00$           60,000.00$             60,000.00$           60,000.00$             60,000.00$           60,000.00$            65,000.00$           65,000.00$             TayEx Granite Construction 172nd St NE & 40th Ave NE Signal and Median Improvements Engineer's Estimate Apparent Low Bidder         Interwest Construction             August 31, 2021 Colarcurcio Bros. 53 Illumination System Modifications (172nd St NE) 8-20 SP 1 LS 3,000.00$             3,000.00$                4,000.00$             4,000.00$               5,000.00$             5,000.00$               6,000.00$             6,000.00$               10,000.00$           10,000.00$             54 Permanent Signing 8-21 SP 1 LS 1,000.00$             1,000.00$                2,000.00$             2,000.00$               1,500.00$             1,500.00$               10,000.00$           10,000.00$            10,000.00$           10,000.00$             55 Plastic Bicycle Lane Symbol 8-22 SP 4 EA 250.00$                1,000.00$                330.00$                1,320.00$               335.00$                1,340.00$               500.00$                2,000.00$               350.00$                1,400.00$                56 Plastic Crosswalk Line 8-22 SP 860 SF 8.00$  6,880.00$                8.50$  7,310.00$               8.70$  7,482.00$               10.00$                  8,600.00$               9.00$  7,740.00$                57 Plastic Line 8-22 SP 980 LF 2.00$  1,960.00$                2.25$  2,205.00$               2.25$  2,205.00$               3.00$  2,940.00$               3.00$  2,940.00$                58 Plastic Stop Line 8-22 SP 140 LF 10.00$                  1,400.00$                10.00$                  1,400.00$               11.00$                  1,540.00$               15.00$                  2,100.00$               11.00$                  1,540.00$                59 Plastic Traffic Arrow 8-22 SP 13 EA 200.00$                2,600.00$                180.00$                2,340.00$               185.00$                2,405.00$               200.00$                2,600.00$               200.00$                2,600.00$                60 Plastic Traffice Letter 8-22 SP 18 EA 130.00$                2,340.00$                110.00$                1,980.00$               112.00$                2,016.00$               150.00$                2,700.00$               110.00$                1,980.00$                61 Profiled Plastic Wide Lane Line 8-22 SP 1060 LF 5.00$  5,300.00$                5.00$  5,300.00$               5.30$  5,618.00$               7.00$  7,420.00$               5.30$  5,618.00$                62 Profiled Plastic Line 8-22 SP 2450 LF 5.00$  12,250.00$             3.00$  7,350.00$               2.80$  6,860.00$               4.00$  9,800.00$               3.00$  7,350.00$                Subtotal 1,845,515.00$        Subtotal 1,817,509.00$       Subtotal 1,899,239.00$       Subtotal 2,046,974.00$       Subtotal 2,252,225.00$        Sales Tax (9.2%)N/A Tax 9.2% N/A Tax 9.2% N/A Tax 9.2% N/A Tax 9.2% N/A Total 1,845,515.00$        Total 1,817,509.00$       Total 1,899,239.00$       Total 2,046,974.00$       Total 2,252,225.00$        Jul-21 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 7/12/21 7/26/21 Council Meetings 7/6/21 7/19/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions/ Council 7/2/21 7/9/21 Special Purpose (WWU & WSU studies,etc)7/29/21 Staff 7/8/21 7/12/21 7/16/21 7/29/21 Local business meet &greet 7/15/21 7/19/21 7/21/21 7/27/21 Mayor / Administrator 7/6/21 7/13/21 7/20/21 7/27/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County 7/13/21 Mayor's Association 7/1/21 7/15/21 7/26/21 Puget Sound Regional Council 7/22/21 Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow 7/7/21 7/13/21 7/15/21 7/28/21 Meetings with Snohomish County personnel and/or address issues with Legislature, Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Report compiled by Barb Tolbert Date 8/9/21 Non-Profit Meetings Date Date Date Date Date Date Date Date United Way 7/13/21 7/20/21 Food BANK 7/21/21 Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Stilly VALLEY Health & Wellness NOTES: July 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 7/12/21 7/26/21 Council Meetings 7/6/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) CED Info meeting 7/13/21 Mayors Strategic Council meeting 7/9/21 RFA COMMISSION 7/12/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County 7/13/21 Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation 7/27/21 Snohomish County Tomorrow Meetings with Snohomish County personnel and/or address issues with Legislature, governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Monthly Elected Official Strategic Report Report compiled by Debora Nelson Date Conferences & Training Date Date Date Date Date Date Date Date SGA Missing Middle Class 7/15/2021 NOTES: July 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 6/27/21 7/12/21 7/26/21 Council Meetings 6/20/21 7/6/21 7/19/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Planning Commission Workshop Meeting with Mayor 7/2 9:30- 10:30am Regional Government Meetings Date Date Date Date Date Date Date Date Association of Washington Cities 6/22 12:00pm 6/23 Coffee Chat. 8:30- 9:00am Annual 10:00- Washing ton and other cities Webinar 7/27/21 Webinar Association of Washington Cities 6/22 1:00pm- 2;30pm Conferen ce and opening 12:30- 6/24 2021 Police reform recap. 1:00- 2:00pm Association of Washington Cities 6/23 finding the new normal. 4:00- Diversity , Equity and Inclusio Association of Washington Cities 6/23 supporti ng first respond Community Transit Economic Alliance Snohomish County 6/29/21 8:30-8:30-8:30-8:30- Mayor's Association Puget Sound Regional Council Snohomish County Cities Monthly Elected Official Strategic Report Report compiled by Don Vanney Date 7/29/2021 Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or address issues with Legislature, governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities 7/15 Mayoral Roundta ble. 12:00- Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Smart Growth 10:00-10:00-10:00- Chamber DABA 7/7 5:00- 7:00pm Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Street Fair City booth Street Fair city booth. 7/11/21 10:00- Training for new laws that go into effect 7/25 with Chief Ventura and Night shift Officers 7/19/21 10:00- Arlington Fire Dept 115 yrs. Of service celebration 7/25/21 3:00- Attended AWC Annual Conference 6/22-6/25, attended all available meetings as well as several on demand training sessions. Attended Several Smart Growth Webinars for informational Attended weekly Economic Alliance Coffee Chats for information on issues concerning Snohomish Couinty Businesses. Manned the Cities information booth at the street fair on 7/11 viewed the You Tube live Planning Commision meeting on 7/7 Met with Chief Ventura and the night shift officers for their training on the law changes that become effective on 7/25 Attended the Arlington Fire Dept's 115 yrs. of service celebration on 7/25 Jul-21 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 7/12/21 7/26/21 Council Meetings 7/6/21 7/19/21 5th Monday Meetings Joint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Airport commission 7/13/21 Police Union 7/26/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit 7/1/21 Board 7/7/21 Merrill 7/7/21 Transit 7/7/21 Mukiteo PSRC Traansit Executive Committe Finance Committe 7/15/21 Board Puget Sound Regional Council 7/8/21 7/8/21 Project Project Selection Snohomis 7/22/21 joint meeting 7/30/21 Transit Snohomish County Cities Snohomish County Committee for Improved Transportation ST3 Dave County personnel and/or governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Jan Schuette United Way Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Street Fair Booth for City 7/11/21 Fire events 7/22/21 7/25/21 (trends, developments, SWOT factors of note, i.e., strengths, weaknesses, opportunities, threats) ST3 has 29 projects that go back for some years, the problem now is that with COVID and financial concerns they are considering a Hybrid Model that will be voted on next Thursday. With the additional costs of construction, right away costs, materials, labor and land costs they have a 6.5 billion dollar short fall. They are looking at three options for their Hybrid Model; lowering costs, extending timelines and increasing revenues. Projects will be delayed; the line to Southwest Everett, where they will build a Maintenance Shop has been moved to 2037, the line to Everett Station has been moved to 2041; all other projects are on a 5 year and some even more. The concern for Snohomish County is that our projects will be pushed out even more. SCCIT will be providing a letter of support for Executive Snohomish County Tomorrow stirring committee voted to move the Buildable Lands Reports forward last night. In the near future the cities will be assigned additional growth numbers, as soon as we know, will let you know, but Jul-21 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 7/6/21 7/12/21 7/19/21 7/26/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Airport Commission 7/13/21 Liaison Meeting 7/29/21 Fire Dept. Luncheon 7/22/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County 7/13/21 7/20/21 7/27/21 Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or address issues with Legislature, Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Monthly Elected Official Strategic Report Report compiled by Mike Hopson Date Jul-21 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops 7/12/21 7/26/21 Council Meetings 7/6/21 7/19/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Strategic Planning 7/9/21 RFA Committee Mtg 7/12/21 CED Mtg. with Marc Hayes 7/13/21 AAC Mtg 7/13/21 Public Safety Mtg 7/21/21 NCRFA Mtg 7/14/21 Wellness BBQ 7/22/21 AACBoard Mtg 7/23/21 PARC Mtg 7/27/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Monthly Elected Official Strategic Report Report compiled by Marilyn Oertle Date July 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops & Meetings 7/6/21 7/12/21 7/19/21 7/26/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Liaison Meeting, Airport 7/13/21 Council Visioning, Paul, Don, Barb 7/2/21 Date Date Date Date Date Date Date Date Association of Washington Cities, Legislative Priorities County personnel and/or governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Arlington Street Fair 7/9/21 HB 1310 Meeting, Training 7/26/21 Report compiled by Michele Blythe Date 7/7/21 -Lobbyist discussion on Aging 7/14/21 -Elected official discussion regarding Leg Priorities Committee MONTH August 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 8/2/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting 8/3/21 8/24/21 8/24/21 Strategic meeting w/ Mayor 8/13/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Due on 5th of month Name: Debora Nelson Date: August 30, 2021 Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary August 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 8/2/21 5th Monday Meetings Joint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting Meet with Barb & Paul 8/6/21 LEOFF 1 Board Meeting 8/10/21 Airport Tour 8/4/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County 8/3/21 Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Due on 5th of month Name: Don Vanney Date: 8/31/21 Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary RFA Day 1 Celebration 8/1/21 MRSC Webinar (Regarding Homeless)8/5/21 8/19/21 8/20/21 NOTES: MRSC Municple Budgeting Workshop was a 2 day workshop, with courses on. 1) Budgeting Basics 2) Navigating & Using Local Goverment Financial Data 3) Budgeting with an Equity Lens 4) Property Tax Levies 101 5) Local Ballot Measure Revenue Tools 6) Keys to Cas Handling-Internal Control Risk and Rewards 7) Ransomeware: Beware 8) Small City Issues August 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 8/2/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting 8/10/21 8/24/21 Regional Government Meetings Date Date Date Date Date Date Date Date Association of Washington Community Transit 8/4/21 Transit 8/5/21 Board 8/16/21 CEO 8/19/21 8/19/21 Tour Finance Economic Alliance Snohomish Puget Sound Regional Council 8/9/21 Project County personnel and/or Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary National Night Out 8/3/21 Monthly Elected Official Strategic Report Due on 5th of month Jan Schuette 9/1/2021 Aug-21 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 8/2/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Liaison Meeting 8/5/2021 8/13/21 8/18/21 8/24/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or address issues with Legislature, Governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Due on 5th of month Name: Marilyn Oertle Date: 8/31/21 Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary 8/3/21 Discussion with Marc Hayes regarding development and citizen questions. August 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 8/2/21 5th Monday MeetingsJoint Meetings with City Boards/Commissions Council Visioning 8/6/21 Liaison Meeting Airport Tour w/ Dave 8/4/21 Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County - Coffee Chats/Training 8/3/21 ##### County personnel and/or Governor, State departments 8/18/21 8/25/21 National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive, and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Monthly Elected Official Strategic Report Name: Michele Blythe Date: August 2021 Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date LEOFF 1 Disability Board 8/10/21 8/24/21 Eviation Tour w/ Airport 8/10/21 Senior Center/Aging Research 8/11/21 MRSC Legal Issues/Homelessness 8/5/21 August, 2021 Local Government Meetings Date Date Date Date Date Date Date Date Council Workshops Council Meetings 8/7/21 5th Monday Meetings Joint Meetings with City Boards/Commissions Special Purpose (WWU & WSU studies,etc) Date Date Date Date Date Date Date Date Association of Washington Cities Community Transit Economic Alliance Snohomish County Mayor's Association Puget Sound Regional Council Snohomish County Cities Snohomish County Committee for Improved Transportation Snohomish County Tomorrow Meetings with Snohomish County personnel and/or address issues with Legislature, governor, State departments National Government Meetings Date Date Date Date Date Date Date Date National League of Cities Meetings in Washington, D.C., which address issues with Congress, Executive and Federal departments and Business Meetings Date Date Date Date Date Date Date Date Non-Profit Meetings Date Date Date Date Date Date Date Date Community & Volunteer Meetings/Events Date Date Date Date Date Date Date Date Stronger Together Rotary Monthly Elected Official Strategic Report Report compiled by Mike Hopson