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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Title VI Annual Accomplishments, Goals Report and Plan Assurances ATTACHMENT A
Staff Presentation: Jim Kelly
Council Liaison: Jan Schuette
2. Resolution Declaring an Emergency with the Water Main Repair ATTACHMENT B
at Washington Trucking
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
3. Fire District 21 Reimbursement Agreement ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
4. WEDFA Bond Resolution ATTACHMENT D
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jan Schuette
Arlington City Council Workshop
Monday, November 8, 2021 at 7:00 pm
5. Land Acknowledgement Statement ATTACHMENT E
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jan Schuette
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: November 8, 2021 SUBJECT: Title VI Annual Accomplishments, Goals Report, and Plan Assurances ATTACHMENTS: 2020 Title VI Accomplishments & Goals Report Letter of Intent to comply with WSDOT Title VI Plan United States Department of Transportation (USDOT) Title VI Nondiscrimination Assurances DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: 2020 Title VI Accomplishments and Goals Report, Letter of Intent to Comply with WSDOT Title IV Plan and USDOT Standard Title VI/Non-Discrimination Assurances. HISTORY: Compliance with federal non-discrimination policies and laws are required for the City to receive federal transportation funding. In 2020, the City of Arlington received federal funding for transportation projects, and has completed the required federal Accomplishments & Goals Report. Since WSDOT is Arlington’s Certifying Agency, we comply with the WSDOT Title VI Plan. Annually, we have to certify to WSDOT that we will continue to comply with their Title VI Plan, and also certify to the
Report for City of Arlington 1/2020 t hrough 12/2020
TITLE VI ACCOMPLISHM ENTS & GOALS REPORT
This outline is for LPA and other governmental entities to report Title VI activities that occurred over the past year
and report Title VI goals for the upcoming year. Reports must be returned on or before due date to meet eligibility
requirements for federal funding. Send to TitleVI@WSDOT.wa.gov
DUE DATES: Refer to Section 28.3 for scheduled reporting period and due date
Contact Information
Name and title of administrator (signature on Standard Assurances): Barbara Tolbert, City Mayor
Mailing Address: 238 N. Olympic Avenue
City: Arlington WA Zip Code: 98223 County: Snohomish
Phone #: 360-403-3442 email address: btolbert@arlingtonwa.gov
Name and title of head of transportation-related services: Jim Kelly, Public Works Director
Mailing Address: 238 N. Olympic Avenue
City: Arlington WA Zip Code: 98223 County: Snohomish
Phone #: 360-403-3505 email address: jkelly@arlingtonwa.gov
Name and title of designated Title VI coordinator*: Kris Wallace, PW Staff Accountant
Mailing Address: 238 N. Olympic Avenue
City: Arlington WA Zip Code: 98223 County: Snohomish
Phone #:360-403-3538 email address: kwallace@arlingtonwa.gov
*When the Title VI coordinator changes, notify TitleVI@WSDOT.wa.gov within 30 days.
To comply with Title VI requirements, each annual report submission must include signed
Standard Assurances (USDOT1050.2A).
Accomplishments
1. Have there been any changes to the approved Title VI Plan that have not been reported to OEO?
If Yes, please submit an update to the Title VI Plan with a new signature.
There have not been any changes to the Title VI Plan.
2. Organization, Staffing, Structure – Describe the Title VI Program reporting structure including
the Title VI Coordinator, Administrative Head, and transportation-related staff. The list should
include name, race, color, and national origin of each individual. Include the same details if your
LPA has a volunteer or appointed board related to transportation decision making.
Title VI Coordinator – Public Works Accountant - Kris Wallace, Caucasian
Changes were made to the 2020 Organizational Chart, see Attachment A
Page 2 of 12 Appendix 28.93
3.Community Demographics – Using a map of the LPA’s boundaries, describe the demographics of the
LPA’s service area (e.g., race, color, national origin, low-income). List, by individual languages, the
percent of the population(s) that is limited English proficient.
Race
The Demographic Statistical Atlas of the United States - Statistical Atlas
•White - 84.3% 15.8K
•Hispanic - 7.7% 1,448
•Black – 1.1% 201
•Asian – 2.4% 443
•Mixed – 2.9% 541
•Other – 1.7% 318
Language
https://data.census.gov/cedsci/profile?g=1600000US5302585
•English – 87.5%
•Spanish – 6.5%
•Other Indo-European – 1.8%
•Asian & Pacific Island – 3.8%
•Other – 0.4%
•12.5% speak another language than English at home
Income
https://data.census.gov/cedsci/profile?g=1600000US5302585
The population of Arlington is 19,868, up from 17,926 in 2010. The median household income is
$82,626, with a poverty rate of 5.0%. 11.6% of Arlington’s population are veterans. 14.4% of the
population in Arlington is considered to have a disability.
Page 3 of 12 Appendix 28.93
4. Complaints – Provide a copy of the LPA’s Title VI complaint log, including new Title VI complaints
received during this reporting period and any still pending. Include the basis of the complaint (race,
color, national origin) and describe the disposition (status/outcome).
No complaints were received. Please see Attachment B for City of Arlington’s TITLE VI Complaint Log,
Attachment C for City of Arlington’s Complaint Form in English and Spanish.
5. Planning – Describe the transportation planning activities performed this reporting period. Describe
the actions taken to promote Title VI compliance regarding transportation planning, including
monitoring and review processes, community involvement, their outcome or status. Include
examples of community outreach.
204th / 77th Roundabout – Project consisted of the installation of a roundabout, construction of ADA
ramps and flashing crosswalks, pavement markings, new asphalt, installation of center median, new
sidewalks, and area lighting. Community involvement and outreach included postcards being mailed
to affected homes, businesses, and surrounding area, Letters and maps sent to the affected
businesses and residents, email updates weekly to area businesses and residents, E-newsletter and
website updates to the public. Project was started in 2020.
2020 Utility Improvement and Pavement Preservation – City of Arlington’s yearly overlay project
includes pavement repair and full overlay, planning, construction of ADA Ramps, pavement markings,
and water line replacements and utility adjustments. Attachment D is page 2 of the contract, Section
3.4 Non-discrimination. Community involvement included postcards and letters mailed to the
affected homes with a location map, timeline, website information and direct contact information. E-
newsletter and social media updates on project progress and weekly updates posted on the City
website, which uses Google Translate. Project was completed in 2020.
BNSF Rail / Centennial Trail Crossing Improvement – Project consisted of the realignment, planning,
and construction of ADA ramps, pavement markings, and asphalt of the Centennial Trial / Railroad
crossing on 67th Ave. NE. Community involvement and outreach included E-Newsletter, website, and
social media updates. Outreach also included email updates to the community Bike Clubs, posted
signs in the trial Kiosk stations along the trail and at the local bike store, and weekly updates on the
City of Arlington website. Project was completed in 2020.
173rd St Phase 1 – Project was in the design phase during 2020. The project consists of the installation
of a new roadway north of 172nd St between Smokey Point Blvd and 40th Ave with a 12-foot wide
multiuse trail. Community involvement included an online open house presentation that was placed
on the City’s website, and letters to the neighborhoods and businesses surrounding the project area.
172nd St / 40th Ave Intersection – Project was in the initial design phase during 2020. The project
consists of a 4-way signal being placed at the intersection of 172nd St and 40th Ave with controlled turn
lanes, median improvements, and ADA compliant ramps and crosswalks. Community involvement
included project postcards sent to the businesses in the area, and a project webpage being placed on
the City’s website.
Island Crossing Roundabout - Project was in the design phase in 2020. Project consists of a
roundabout to be installed at Smokey Point Blvd and SR 530. At this time, no community outreach
has begun yet.
City of Arlington website has an option available to residents for to view/read/navigate the website
in over 100 different languages. The City also is looking into including a translation service on all its
capital projects webpages for the resident to use on all attached documents. Attachment E shows the
language options available on the City’s website.
Page 4 of 12 Appendix 28.93
6. Right-of-way actions – Describe activities during this reporting period associated with the purchase,
sale, lease/use, or transfer of real property (related to highway transportation/public right-of-way
use). Include demographic information of affected populations. For example, the race, color,
national origin of affected property/business owners(s)/tenant(s).
204th St / 74th Ave Roundabout, this project was to install a roundabout in the intersection of 204th St
and 74th Ave with ADA ramps, and flashing crosswalks. The City of Arlington needed to purchase
additional right-of-way from the following property owners and businesses:
• OT Holdings
• McDonalds Corporation
• Keytrust Company
• Botch Holdings – Greg Botch - Caucasian
• Banner Bank
• EJD LLC – Bonnie Johnson - Caucasian
7. Identify right-of-way appraisers and acquisition staff (used during this reporting period) by race,
color, national origin.
Right-of-way acquisition staff, Universal Field Services
• Mitch Legal – Caucasian
• Steve Reinhart – Caucasian
• Cyndi Whelpley - Caucasian/Asian
• Sam Meldrum – Caucasian
• Heidi Newitt – Caucasian
• Brenda Tegman – Caucasian
Appraisal Staff, ABS Valuation
• Jim Dodge - Caucasian
8. Studies and Plans – Were any transportation studies (including environmental reviews) conducted or
transportation plans completed during this reporting period? Identify the data source(s) and
provide data summary (Title VI/Environmental Justice Analysis) relative to ethnicity, race,
languages spoken, neighborhoods, income levels, physical environments, and/or travel habits.
Explain how data was used in these studies/reviews/plans.
No transportation studies or plans were conducted or completed during the reporting period for 2020.
9. Project Location and Design – Provide a list of construction projects that began during this reporting
period. Using a map of the LPAs service area, identify project locations, and a brief description of
the projects’ benefits/burdens to affected populations. If possible, provide a map that overlays
projects with the racial composition of affected neighborhoods.
Race and Ethnicity maps for the City of Arlington are below, followed by locations where street
construction projects occurred in 2020.
https://statisticalatlas.com/place/Washington/Arlington/Race-and-Ethnicity
Page 5 of 12 Appendix 28.93
Map of Race and Ethnicity by Block in Arlington - Caucasian
Map of Race and Ethnicity by Block in Arlington - Hispanic
Page 6 of 12 Appendix 28.93
Map of Race and Ethnicity by Block in Arlington - Black
Map of Race and Ethnicity by Block in Arlington -Asian
Page 7 of 12 Appendix 28.93
Map of Race and Ethnicity by Block in Arlington – Mixed
Map of Race and Ethnicity by Block in Arlington - Other
Page 8 of 12 Appendix 28.93
2020 Utility Improvement and Pavement Preservation Project, overall impact to Arlington residents
is minimal. This annual project replaces old AC water mains, installs new ADA ramps, and re-surfaces
the roadway of existing roads. Benefits include improved roads, updated ADA ramps, and new water
mains.
• N. Clara St -2
• E 1st St - 9
• E 4th St - 4
• Robinhood Drive - 5
• N Stillaguamish Ave - 8
• S Hamlin Drive - 10
• E Maple St - 11
• E 3rd St - 6
• Park Hill Drive - 1
• N Alcazar - 3
• E 2nd St - 7
• Smokey Point Blvd - 15
• 43rd Ave - 14
204th/77th Roundabout, overall impact to anyone was moderate. This project included the installation
of a roundabout island, ADA ramps, flashing crosswalks, center medians, and new sidewalks. Benefits
include improved roadway, and increased pedestrian and vehicle safety.
• 204th St -12
• 77th Ave -12
BNSF Rail/ Centennial Trail crossing overall impact to anyone in Arlington was minimal. The project
was the realignment of the trail crossing over the BNSF railroad. Benefits included new trail pavement,
new pavement markings, and flashing warning signs.
• 67th Ave - 13
*The numbers on the map correlate with the numbers next to the streets.
Page 9 of 12 Appendix 28.93
10. Other Public Meetings – List other public meetings held during this reporting period. Identify efforts
used to encourage citizen participation at those meetings. Detail dates, times, locations,
attendance, and provide examples of outreach materials.
In 2020, all city public meetings moved to a virtual setting due to the Covid-19 Pandemic. All
meeting information is posted on the City of Arlington website.
• City Council Meetings
o Regular council meetings are held every Monday at 7:00 PM, expect for the month of
August, unless otherwise cancelled. Meetings are posted on the Cities website, in the
city’s weekly Arlington Update (e-newsletter) See attachment F, and on the City of
Arlington Facebook and Twitter accounts.
• Planning commission
o Regular planning meetings are held every other Tuesday at 7:00 PM.
• Youth Council
o Regular youth council meeting are held the second Thursday every month in the
evening.
• Park, Arts & Recreation Commission
o Regular PARC meetings are held the fourth Tuesday every month at 6:00 PM.
• Library Board Meeting
o The Library Board meetings are held quarterly in the evenings.
• Civil Service Commission
o Regular Civil Service Meetings are held on the first Wednesday of every month at 9:00
AM.
• Citizen Salary Commission
o The Citizen Salary Commission meets every other year, generally takes place the first
of the year.
• Cemetery Board
o The Cemetery Board meets the third Tuesday of every other month at 2:30 PM.
• Airport Commission
o The Airport Commission meetings are held on the second Tuesday of every other
month at 7:00PM.
Identify members of the LPA’s transportation planning and/or advisory groups by race, color, and
national origin
Planning Commission
• Bruce Angell - Caucasian
• Mike Thomas - Caucasian
• Tim Dean - Caucasian
• Melissa Johnson - Caucasian
• Yvonne Gallardo-Van Ornam – Hispanic
Public Works
• James Kelly – Caucasian
• Ryan Morrison – Caucasian
• Kris Wallace - Caucasian
Page 10 of 12 Appendix 28.93
Specify methods used to collect demographic information from the transportation-related public
meetings. (Self-identification surveys, notes by staff, etc.) Include summaries of Public Involvement
Forms collected at each meeting, listing the demographics of those who attended by meeting.
Due to the ongoing Covid-19 pandemic and Governor Inslee’s Stay Home Stay Healthy Order no in-
person public meetings were scheduled. The City hosted an open house virtually on zoom for the 173rd
St Phase 1 project. Letters went out to all affected houses and businesses with contact information to
sign up for the zoom meeting. The presentation is posted on the project website.
List any language assistance services requested. For which languages? Who provided the service?
In addition, list vital documents translated during the reporting period and identify the languages.
No requests for assistance were received by the City. Due to Covid-19, no public meetings were held
in person. Public interaction was limited to phone and email. No vital documents were required to
be translated.
11. Transportation-related Construction and Consultant Contracts (if applicable) – Briefly describe the
process used to advertise and award construction contracts during this reporting period. Include
the process for negotiated contracts (e.g., consultants).
Smokey Point Corridor, Perteet. City conducted a full RFP solicitation. Proposals were evaluated
according to criteria listed in the RFP. The most qualified being selected for contract negotiations, see
attachment G for advertisement.
2020 Utility Improvement & Pavement Preservation Project, JB Asphalt. The City advertised for two
weeks in the Daily Journal of Commerce and the Everett Herald, on the city website and with Solicit
Bid. Upon closing, a virtual bid opening occurred, and the bids were announced. The preliminary bid
is posted on the City website, and then the bids are verified. The certified bid is posted online and the
lowest responsible bidder is chosen.
204th/77th Roundabout, Reece Construction Company. The City advertised for two weeks in the Daily
Journal of Commerce and the Everett Herald, on the city website and with Solicit Bid. Upon closing,
a virtual bid opening occurred, and the bids were announced. The preliminary bid is posted on the
City website, and then the bids are verified. The certified bid is posted online and the lowest
responsible bidder is chosen.
BNSF Railroad / Centennial Trail Crossing, PNW Civil. The City advertised for three weeks in the Daily
Journal of Commerce and the Everett Herald, on the city website and with Solicit Bid. Upon closing,
a virtual bid opening occurred, and the bids were announced. The preliminary bid is posted on the
City website, and then the bids are verified. The certified bid is posted online and the lowest
responsible bidder is chosen.
SR 530/Smokey Point Blvd Signal Replacement, Service Electric. The City advertised for two weeks in
the Daily Journal of Commerce and the Everett Herald, on the city website and with Solicit Bid. Upon
closing, a virtual bid opening occurred, and the bids were announced. The preliminary bid is posted
on the City website, and then the bids are verified. The certified bid is posted online and the lowest
responsible bidder is chosen.
172nd / 40th Ave Intersection Improvements, Perteet. The initial advertising for this design was done
in 2018, but was placed on hold until funding was secured.
• Title VI language is included in the advertisement of all City of Arlington Project bid requests,
and request for proposals, see Attachment H for the standard Advertisement for Bid form.
Page 11 of 12 Appendix 28.93
12.Describe the actions taken to promote construction contractor/consultant compliance with Title VI
by construction contractors/consultants, including monitoring and review processes, and their
outcomes/status (e.g. what Title VI language was included in contracts and agreements; were
contractors and consultants reviewed to ensure compliance; what Title VI responsibilities are
explained to contractors and consultants?)
Title VI language is included in all contractor/consultant contracts. See Attached Professional Service
Agreement attachment I, and the Construction Contract, attachment D. We include Title VI language
in all advertisement, request for proposals, etc. Attachment H is the standard Advertisement for Bid
form.
13.List construction, right-of-way, and consultant contracts with your LPA/MPO/entity for this report
period with dollar value of each. Identify funding sources (federal, state, local, other), and how
many were awarded to certified disadvantaged contractors (as a prime contractor/consultant).
•BNSF Railroad/Centennial Trail Crossing - $207,000.00, Federal funded, no DBE award
•204th/77th Roundabout, Universal Field Services - $3,613,020.00, State & City funds, DBE
award
•2020 Utility Improvement & Pavement Preservation - $295,940.63, City funds, no DBE award
•SR 530/ Smokey Point Blvd Signal Replacement - $271,503.00, City funds, no DBE award
•Smokey Point Corridor - $1,575,650.00 , Federal, no DBE award
•172nd / 40th Intersection Improvements - $161,538.00, State funds, no DBE award
The 204th/77th Roundabout was awarded to a certified disadvantaged business contractor, one project
had a designated DBE during the reporting period.
14.Education & Training – Describe actions taken to promote Title VI compliance through education
and trainings, including monitoring and review processes, and their outcomes/status.
No training provided by WSDOT for in person or on-line due to Covid-19 and remote working. City
staff did not perform training for Title VI.
List Title VI training/webinars your Title VI Coordinator attended this reporting period. Include
dates and entity that conducted the training.
No training was available due to the Covid-19 pandemic.
When was Title VI internal training provided to staff? Who conducted the training? What was the
subject of the training? Provide the job titles and race/color/national origin of attendees.
Training did not occur due to Covid-19 pandemic.
List other civil rights training conducted locally. Provide dates and a list of participants by job title
and Title VI role, if applicable.
Training did not occur due to Covid-19 pandemic.
Title VI Goals for Upcoming Year
What area(s) of Title VI does your agency plan to focus on in the upcoming year? Describe by particular
program area what your agency hopes to accomplish. Include any significant problem areas to focus on
and plans to address those.
Page 12 of 12 Appendix 28.93
• Next year the City plans to have a better reporting system in place. After staff changes over the
past few years, we have now have a better process in place for our annual Title VI reporting.
• The City of Arlington Title VI team plans to attend any Title VI Training that will be offered by the
state either virtually or in person depending on Covid-19 restrictions.
• The City is looking into options to be able to translate attached documents on the City website for
the public. Many transportation projects have their own dedicated project page with attached
project documents for the public to view. Although the website itself can translate into many
different languages, the documents do not currently have that option. The City would like to offer
the public the option to have the attachments translated for them as well.
ATTACHMENT A
City of Arlington
Title VI Organizational Chart
City Administrator
Complaint Process Title VI Coordinator
Head of Transportation
Mayor
Title VI Signature Authority
Annual Reporting: Identifies Transportation projects and programs and reports annually to WSDOT
as required for Title VI compliance.
Title VI Specialist: Responsible for community outreach
Designee: Assist with documentation and compilation of reports
DOT 140-562 Page 1 of 1
10/2015
Case Number
Complainant/
ATTACHMENT B
Title VI Complaint Log
If you believe that you have been discriminated against because of your race, color, or national origin (including limited
English proficiency), by agency programs or activities, you may file a formal written complaint. Compliants may be
submitted by mail or e-mail.
Instructions: Please fill out the form below and send it to:
City of Arlington
Attn: Ryan Morrison
238 N Olympic Ave Arlington, WA 98223 or
email to: rmorrison@arlingtonwa.gov
Your Name
Your Phone
Best time of day to contact you about this complaint:
☐7am-10am ☐ 10am-1pm ☐ 1pm-4pm ☐ 4pm-7pm
Your Email Address
Your Mailing Address (Street/PO Box, City, State, Zip)
Name, address, and telephone number of person(s) who is alleged to have discriminated against you.
Date of alleged incident
Discrimination because of:
☐Race ☐ Color ☐ National Origin (includes limited English Proficiency)
Please explain what happened, why you believe it happened, and how you were discriminated against. Indicate who was
involved. Be sure to include how you feel other persons were treated differently than you. If you have any other
information about what happened, please attach supporting documents to this form.
ATTACHMENT C
Agency Use Only
Received:
Response:
Report:
Briefing:
March 2021
ADDITIONAL INFORMATION
What remedy are you seeking for the alleged discrimination? Please note that this process will not result
in the payment of punitive damages or financial compensation.
List any other persons that we should contact for additional information in support of your complaint.
Please include their phone numbers, addresses, email addresses, etc.
List any other agencies with whom you have filed this same complaint:
Signature (REQUIRED)
Date
March 2021
Title VI Complaint Procedures
If you believe that you have been discriminated against because of your race, color, or national origin, then
you have the right to file a formal complaint with City of Arlington within 180 days of the alleged incident.
HOW TO FILE A COMPLAINT
1.Complete the Title VI Complaint Form, answering every question.
2.Submit the signed complaint as directed on the form. We cannot accept unless it has been signed.
3.Upon receipt the complaint form, it will be reviewed to ensure that it is complete. A notice acknowledging
receipt will be provided within 10 working days. The complaint w ill then be forwarded to WSDOT, the federal
funding agency through Washington State Department of Transportation-Office of Equal Opportunity. The
federal funding agency is responsible for all decisions regarding whether a complaint should be accepted (and
investigated), dismissed, or referred to another agency.
4.When the federal funding agency decides whether to accept, dismiss, or transfer the complaint, it will n otify
the complainant and the other agencies (as appropriate) as to the status of the complaint.
These procedures do not deny you the right to file a formal complaint directly with the federal funding agencies or
seek private counsel for complaints alleging discrimination. Federal law prohibits intimidation or retaliation against
you of any kind.
These procedures cover all complaints filed under Title VI of the Civil Rights Act of 1964 as amended and the Civil
Rights Restoration Act of 1987, relating to any program, service, or activity administered by WSDOT as well as its
sub-recipients, consultants, and contractors.
March 2021
Spanish
Uso exclusivo de la agencia
Received
Response
Report
Briefing
City of Arlington
Ciudad de Arlington
Formulario de queja del Título VI
Si cree que ha sido discriminado debido a su raza, color o
nacionalidad (incluido el dominio limitado del inglés) en programas o
actividades de la agencia, puede presentar una queja formal.
Instrucciones: Complete el siguiente formulario y envíelo a: City of Arlington Attn:
Ryan Morrison 238 N Olympic Ave, Arlington, WA 98223
o por correo electrónico a: rmorrison@arlingtonwa.gov
Su nombre: Su teléfono:
Mejor momento del día para contactarlo sobre esta queja:
7am a 10am 10am a 1pm 1pm a 4pm 4pm a 7pm
Su dirección de correo electrónico:
Su dirección de correo postal: (Calle/PO Box, ciudad, estado, código postal)
Nombre, dirección y número de teléfono de las personas que supuestamente lo discriminaron.
Fecha del supuesto incidente: Discriminación por:
Raza Color Nacionalidad (incluye dominio limitado del inglés)
Explique lo que sucedió, por qué cree que sucedió y cómo fue discriminado. Indique quién estuvo
involucrado. Asegúrese de indicar de qué manera siente que otras personas son tratadas de forma
diferente a usted. Si tiene alguna otra información sobre lo que sucedió, adjunte los documentos
probatorios a este formulario.
Marzo 2021
COMPLETE LA PÁGINA 2 DE ESTE FORMULARIO
INFORMACIÓN ADICIONAL
¿Qué solución está buscando por la supuesta discriminación? Tenga en cuenta que este proceso no
resultará en el pago de daños punitivos ni compensación económica.
Enumere a otras personas con las que deberíamos comunicarnos para obtener información
adicional en apoyo de su queja. Incluya sus números de teléfono, domicilios, direcciones de correo
electrónico, etc.
Enumere cualquier otra agencia con la que haya presentado esta misma queja:
Firma: (OBLIGATORIA) Fecha:
Marzo 2021
Spanis
Procedimientos de queja del Título VI
Si cree que ha sido discriminado por su raza, color u origen nacional, tiene derecho
a presentar una queja formal ante la ciudad de Arlington dentro de los 180 días
posteriores al presunto incidente.
CÓMO PRESENTAR UNA QUEJA
1.Complete el Formulario de Queja del Título VI, respondiendo cada una de las preguntas.
2.Envíe la queja firmada como se indica en el formulario. No podemos aceptarla a menos
que la haya firmado.
3.Una vez recibido el formulario de queja, será controlado para verificar que está
completo. Se enviará un aviso de acuse de recibo dentro de los 10 días hábiles. La
queja será enviada a la agencia federal de financiamiento a través de la Oficina de
Igualdad de Oportunidades del Departamento de Transporte del Estado de Washington.
La agencia federal de financiamiento es responsable de todas las decisiones con
respecto a si una queja debe ser aceptada (e investigada), desestimada o remitida a
otra agencia.
4.Cuando la agencia federal de financiamiento decida si acepta, rechaza o transfiere la
queja, notificará al demandante y a las demás agencias (según corresponda) sobre el
estado de la queja.
Estos procedimientos no le niegan el derecho de presentar una queja formal directamente
ante las agencias federales de financiamiento o buscar un abogado particular para las quejas
que alegan discriminación. La ley federal prohíbe cualquier tipo de intimidación o represalia
contra usted.
Estos procedimientos contemplan todas las quejas presentadas bajo el Título VI de la Ley
de Derechos Civiles de 1964 y sus modificaciones y la Ley de Restauración de Derechos
Civiles de 1987, relacionadas con cualquier programa, servicio o actividad administrados
por el WSDOT o Washington State Department of Transportation así como sus
subreceptores, consultores y contratistas.
Marzo 2021
ATTACHMENT D
CONSTRUCTION CONTRACT
THIS CONTRACT, dated this day of , 20 , is by and between the City of
Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and
referred to as the CONTRACTOR.
WHEREAS, the City desires , and
WHEREAS, the Contractor is qualified, willing and able to perform the necessary work.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to
be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it
is mutually agreed as follows:
1.0
SERVICE BY CONTRACTOR
Contractor agrees to perform the services described in the following project specification
. These documents are
on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated
herein.
2.0
TIME OF COMPLETION
All work under this Agreement is to be done within of notice to
proceed.
3.0
RESPONSIBILITY OF CONTRACTOR
3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work
and shall comply with all applicable provisions of Federal, State and municipal safety laws and building
codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and
progress of the work, all necessary safeguards for protection of workmen and the public; shall post
danger signs warning against known or unusual hazards.
3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and
material within one year after acceptance of this work. When corrections of defects are made,
Contractor shall be responsible for correcting all defects in workmanship and/or materials in the
corrected work for one year after acceptance of the corrections by the City. The Contractor shall start
work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and
shall complete such work within a reasonable time. In emergencies where damage may result from
delay or where loss of services may result, such corrections may be made by the City, in which case the
cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at
Construction Contract
Page 2
CONSTRUCTION CONTRACT -- 2
the time specified, the work will be otherwise accomplished and the cost of same shall be paid by
Contractor.
The Contractor shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Contractor’s work including, but not limited
to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer,
inspection and supervision by the City. The Contractor shall hold the City harmless from any and all
claims which may be made against the City as a result of any defect work and the Contractor shall
defend any such claim at his own expense. Where materials or procedures are not specified in the
contract, the City relies on the professional judgment of the Contractor to make appropriate selections.
3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised
Code of Washington.
3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor
handicap, unless based upon a bonfide occupational qualification.
3.5 Employment Any and all employees of the Contractor while engaged in the performance of any
work or services required by the Contractor under this agreement, shall be considered employees of the
Contractor only and not of the City and any and all claims that may or might arise under the Worker's
Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party
as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged
on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of
the Contractor.
4.0
SUBCONTRACTOR RESPONSIBILITY
4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and
shall require each of its subcontractors to include the same language of this section in each of their
subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of
this section apply to all subcontractors regardless of tier.
At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors
meets the following bidder responsibility criteria:
1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which
must have been in effect at the time of subcontract bid submittal;
2. Have a current Washington Unified Business Identifier (UBI) number;
3. If applicable, have:
a. Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees
working in Washington, as required in Title 51 RCW;
b. A Washington Employment Security Department number, as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number, as required in Title
82 RCW;
Construction Contract
Page 3
CONSTRUCTION CONTRACT -- 3
d. An electrical contractor license, if required by Chapter 19.28 RCW;
e. An elevator contractor license, if required by Chapter 70.87 RCW.
4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
5.0
COMPENSATION
5.1 The City shall pay the Contractor for the services identified in this contract the total amount of $
plus tax. Contractor shall submit
monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of
work satisfactorily performed to date, and an invoice covering the contract price applicable to the work,
unless otherwise directed. The City will, within 30 days after receipt of acceptable Contractor’s estimate
and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount
previously paid.
5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a
satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory.
6.0
CITY'S RIGHT TO TERMINATE CONTRACT
6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter
specified:
a. If the Contractor should be adjudged bankrupt.
b. If the Contractor should make a general assignment of benefit of his creditors.
c. If a receiver should be appointed on the account of insolvency of the Contractor.
d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of
properly skilled workmen or proper materials for completion of the work.
e. If the Contractor shall fail to complete the work within the time specified in the contract.
f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or
labor.
g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State
or municipal agencies or subdivisions thereof.
h. If Contractor should persistently disregard instructions of Management, or otherwise be
guilty of a substantial violation of the contract.
6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated
for any reason not previously identified by either party by giving ten (10) days written notice to the other
party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any
further balance of the amount to be paid under this contract until the work shall have been fully finished. At
such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred
by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such
refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor.
If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof
shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense
Construction Contract
Page 4
CONSTRUCTION CONTRACT -- 4
and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights
and interests of the City under the contract; provided such legal costs shall be reasonable.
7.0
OWNERSHIP OF DOCUMENTS
7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished
or unfinished documents and material prepared by the Contractor with funds provided by this Agreement
shall become the property of the City and shall be forwarded to the City at its request.
7.2 Any records, reports, information, data or other documents or materials given to or prepared or
assembled by the Contractor under this Agreement will be kept as confidential and shall not be made
available to any individual or organization by the Contractor without prior written approval of the City or by
court order.
8.0
CLAIMS
8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of
the contract must be made in writing to the City within thirty (30) days after the discovery of such damage,
and in no event later than the time of approval by owner of final payment. Contractor, upon making
applications for final payment, shall be deemed to have waived this right to claim for any other damages for
which claim has not been made, unless such claim for final payment includes notice of additional claim and
fully describes the alleged damage.
9.0
ASSIGNMENT
9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the
written consent of the other party.
10.0
MODIFICATION
10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in
writing and properly signed by all parties thereto.
11.0
HOLD HARMLESS
11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or
liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages
sustained by any persons or property resulting in whole or in part from negligent activities or omissions of
the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the
Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or
Construction Contract
Page 5
CONSTRUCTION CONTRACT -- 5
settlement made requiring payment of damages by the City, which damages are based in whole or in part on
the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same.
12.0
INSURANCE
The Contractor’s required insurance shall be of the types and coverage as stated below:
12.1 Insurance required. Contractor shall maintain at all times the following insurance during the term
of this agreement:
a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.
b. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, independent contractors, products-
completed operations, stop gap liability, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an
equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse
or underground property damage. The Public Entity shall be named as an additional insured
under the Contractor’s Commercial General Liability insurance policy with respect to the work
performed for the Public Entity using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than:
The Contractor shall maintain the following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000
products-completed operations aggregate limit.
c. Builders Risk Insurance shall be written in the amount of the completed value of
the project with no coinsurance provisions. (If Applicable)
d. Contractor is required to procure and maintain Pollution Legal Liability Insurance
covering losses caused by pollution conditions that arise from the operations of
Construction Contract
Page 6
CONSTRUCTION CONTRACT -- 6
the Contractor. The Pollution Legal Liability Insurance shall be written in an
amount of at least $1,000,000. Coverage may be written on a claims-made basis.
(If Applicable)
12.2 The Policies are to contain, and be endorsed to contain the following provisions:
a. General Liability, Builders Risk Insurance (If Applicable), and Pollution Legal Liability (If
Applicable)
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respect to liability arising out of activities performed by or on behalf of
the Contractor.
2. Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Any failure to comply with the reporting provisions of all policies shall not affect the
coverage provided to the City, its officials, employees or volunteers.
b. All Coverage Each insurance policy required by this clause shall state that coverage shall
not be suspended, voided, canceled by either party, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return receipt requested, has been
given to the City.
12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than
A:XIII, or with an insurer acceptable to the City.
12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting
coverage required by this clause. The certification for each insurance policy is to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved
by the City before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
12.5 Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage
and limits required, if any, to be obtained by subcontractors, which determination shall be made in
accordance with reasonable and prudent business practices.
12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials
work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and
limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed
until coverage is approved by Risk Manager.
12.7 Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work
with written notice of any policy cancellation, within two business days of their receipt of such notice.
12.8 Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor to correct the breach, immediately terminate the contract or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so
Construction Contract
Page 7
expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Contractor from the City.
13.0
INDEPENDENT CONTRACTOR
13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF ARLINGTON, WASHINGTON: CONTRACTOR:
By By
Barbara Tolbert, Mayor
Attest
___________________________________________
Wendy Van Der Meersche, City Clerk
Approved as to Form
__________________________________________
Steven J. Peiffle, City Attorney
CONSTRUCTION CONTRACT -- 7
ATTACHMENT E
ATTACHMENT F
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September 4, 2020
Happy Labor Day Weekend
Monday, September 7 is Labor Day, a day to pay tribute to the contributions and
achievements of the American worker. This year, on this day, it is especially
important to recognize your efforts, take a break and recharge, as we look ahead to
a unique fall/winter season. We have all experienced a crazy time these past months
since the pandemic. We all have endured new stresses and a new normal with more
challenges to come as families and employees deal with a new way of school this fall,
and businesses continue to pivot to the changing economy and restrictions.
We have accomplished a great deal though the last few months, and I want to thank
the Arlington worker for all they have done and continue to do to make Arlington a
great place to live, work and do business.
Happy Labor Day, Mayor Barb
“Each person deserves a day away in which no problems are confronted, no solutions
searched for. Each of us needs to withdraw from the cares which will not withdraw
Arlington Outdoor Eatery
City Staff and the Stilly Valley Chamber of Commerce worked to execute Mayor
Tolbert's vision of an outdoor eatery at Legion Park with the goal to support
restaurants and the downtown core.
Participating restaurants include Kafe Neo, Stilly Diner, Moe's Coffee Shop, Rocket
Alley Bar & Grill, Mirkwood Public House, Playa Bonita, Pizza Factory, Suda Thai, and
Blue Bird Cafe. Some may deliver to the park, others you will need to pick up at the
curb, or in-store, or use a delivery service.
For full list of restaurants and links to menus,
visit ArlingtonOutdoorEatery.com, or point cell phone camera at QR Code.
Arlington Hosts "Virtual" Stronger Together Event Sept. 19
You are invited to participate in the Stronger Together community event on
September 19. Stronger Together is aimed at building unity through community. This
event focuses on community education and exploration through activities focused
on culture and diversity.
Due to social distancing requirements, the activities are either online, or discover on
family tree, Race-the power of an illusion class, Gansango entertainment, bystander
intervention training, learn about your library class, Gaelic language class for
children, Native American storytelling, LGBTQ vocabulary conversation, children’s
book readings from Mayor Tolbert and Mayor Rankin, and more. These programs
will be hosted with Zoom. Zoom link will be at www.arlingtonwa.gov/stronger.
Also, discover the Kindness Tree in the City Hall plaza, where you can add your goals
to make your community a better place. Visit the Stronger Together outdoor art
exhibit on the Centennial Trail, and the People of Our Communities portrait display
in Legion Park. Families can pick up free cultural activity bags at the city hall plaza or
Arlington Library.
The full schedule can be found at www.arlingtonwa.gov/stronger.
A committee of people from the Stillaguamish Valley have been collaborating on this
event. The original event was planned for May, but was cancelled due to COVID-19.
Organizations represented in planning include: Arlington School District, City of
Arlington, Town of Darrington, Sno-Isle Libraries, Stillaguamish Tribe, Sauk-Suiattle
Tribe, Stilly Valley Health Connections, Stillaguamish Valley Genealogical Society,
Will Nelson Continues Stronger
Together - Online Anti Racism
Education
Will Nelson, Director of Equity and Student Success
for Arlington Public Schools, will continue to facilitate
classes through the fall and winter. Classes are
presented in Zoom format. Pre-registration is required.
Anti-racism classes - The next anti-racism session is Tuesday, October 6, with one
In. "The House We Live In" video asks, If race is not biology, what is it? This episode
uncovers how race resides not in nature but in politics, economics and culture. Lunch
Series - 12-1:30 p.m., Dinner Series - 4:30-6:00 p.m.
Book Studies - The first book study is scheduled for Thursday, September 10, 4:00-
5:00 pm. We will be reading Waking Up White by Debby Irving. Please read the
Introduction for the first session.
Conversations - Conversations will be unplanned and will revolve around a
theme. The first conversation is scheduled for Thursday, September 17, 4:00-5:00
pm. The topic - What is Race?
Full list of fall/winter classes and registration here.
City Council Meetings Resume September 14
After a few weeks break in August, Arlington City Council will resume with their
regularly scheduled Zoom City Council meetings, beginning with City Council
Workshop on September 14.
Workshops are the second and fourth Monday of each month, and meetings are the
first and third Mondays of each month at 7:00 p.m. using Zoom online.
To obtain a current Council meeting agenda, meeting minutes or the full packet,
please click on the website event calendar for the date of the council meeting.
Anyone wishing to provide written or oral public comment, must pre-register by
calling 360-403-3441, or by clicking here.
City Council and Planning Commission meetings can also be viewed live on YouTube
on the City's channel here.
Planning Commission meetings are the first and third Tuesdays of the month (unless
there is a Monday holiday, then the meeting is on the following Thursday) at 7:00
p.m. using Zoom online. Check the website event calendar for agendas and
History Walk on the Centennial Trail During September
The Snohomish County Historic Commission has posted some signs around five historical
areas along the Centennial Trail for the month of September. Each sign has a QR code
that will give you interesting historic facts about the area in a short online format. Listen,
learn and earn! There are badges and possible swag waiting for you out near Machias,
Arlington, Nakashima Barn, and two others. Take a minute and learn a bit about your
surroundings, answer some questions, earn some cool badges, bring some friends, and
make it a challenge! To use a QR code, point your cell phone camera at the digital code,
and your cell phone will bring you to the website.
Notice: A portion of the trail is closed south of Arlington where the sinkhole problem
Sno-Isle Libraries Ready to Help with Education This Fall
Sno-Isle Libraries has compiled a webpage filled with resources to help students and
their families make the most of remote learning.
Arlington Library Book Club Goes Virtual
The Arlington Library is restarting the monthly book club meetings (virtually) in
September. The club generally meets the second Tuesday of each month at 6:30
p.m. This book club is for adults.
On September 8, join the lively discussion about the book A Gentleman in
Moscow by Amor Towles.
Snohomish County Announces Non-Profit Grant Application
Snohomish County announced that it will be making more than $2 million available
to non-profit organizations that serve Snohomish County residents to support
related needs of community members. The Non-Profit Stabilization and Capacity-
Building grant program is part of the county’s plan to use federal CARES Act
resources to support local non-profit organizations impacted by the COVID-19
pandemic as they work to support community members in need. The application
process will open on September 4, 2020 to award over $2 million in federal CARES
Act funding.
“The COVID-19 pandemic has negatively impacted people countywide, including our
non-profit partners,” said Snohomish County Executive Dave Somers. “We know how
important the services provided by non-profit organizations are to the health, safety,
and well-being of the Snohomish County community. We will continue to be strong
advocates for more federal funding to support our non-profits and the people they
serve.”
The Non-Profit Stabilization and Capacity Building grant program is a key part of the
relief and recovery action Snohomish County is taking to help non-profit
organizations impacted by the pandemic. Each non-profit organization applying for
grants under this program must:
1.Be registered as a non-profit organization in the State of Washington.
2.Be designated by the IRS as a 501(c)(3) organization and not in suspense or
debarment.
3.Have a physical presence in Snohomish County.
4.Be in operation for at least one year.
5.Have experienced a reduction in revenue or increase in service demand
attributable to the COVID-19 pandemic.
Small Business Grant Opportunity
The Local Initiatives Support Corporation, known as LISC, is one of the country's
largest social enterprises supporting projects and programs to revitalize communities
and bring greater economic opportunity to residents.
"As we have seen first-hand, COVID-19 has put enormous strain on small businesses
in rural communities throughout the United States." Through generous funding
of up to $20,000 to help rural small businesses, the lifeblood of rural America, stay
afloat.
The next round of grant applications is open until September 7, and includes
dedicated resources for rural small businesses. Learn more and apply click here.
Volunteers needed for the Law Enforcement Officers & Fire
Fighters (LEOFF I) Disability Board
The City of Arlington is currently accepting applications from citizens interested in
serving on the new Law Enforcement Officers & Fire Fighters (LEOFF) Disability
Board.
Two of the five board members must currently serve on the Arlington City Council.
One must be an active or retired City of Arlington police officer or their widow(er).
One must be an active or retired City of Arlington firefighter or their widow(er). The
fifth member must be a resident of the City of Arlington. LEOFF Disability Board
members must reside within the City of Arlington.
Members must be able to commit to monthly board meetings and required
preparation time.
To Apply:
Please visit https://www.arlingtonwa.gov/424/Boards-Commissions to find out more
about serving on City Boards and Commissions. To apply for this
September 11 Deadline to Apply for K-12 School Meal Assistance
Any student in grades K-12 in Washington state who was eligible for free or reduced-
price school meals last year is eligible to receive Pandemic EBT, a benefit of up to
$399 per student. Families must complete a simple application through the
Washington State Dept. of Social and Health Services (DSHS) by August 31, 2020.
Pandemic EBT is available regardless of citizenship or immigration status and is not
considered a public charge.
Apply online at https://www.washingtonconnection.org/home/
City of Arlington Utility Customer Financial Support Plan
The Governor issued Proclamation 20 – 23.7 which extended the prohibition of
assessing late fees and disconnecting water service until October 15.
The City of Arlington is updating its Customer Support Program to reflect guidance in
the most recent proclamation. Details of the updated support program will be made
available in September.
If you are experiencing financial hardship due to the COVID-19 pandemic, the City
has implemented a customer support plan. Please call our office at 360-403-3421 for
information on how to enter into the customer support plan to avoid water shut off.
If you need financial assistance, please visit the City website to see if you are eligible
for a utility rate discount. The Arlington Community Resource Center may be able to
COVID-19 Financial Assistance
Assistance is open to all individuals or households in
the Snohomish County that meet this criteria:
•Household is unable to pay for life sustaining needs during March 1, 2020 to
December 31, 2020; and
•Household has lost a source of income through a job loss due to COVID-19
anytime during March 1, 2020 to December 31, 2020; and
•Household has at least one member who has a health condition that puts
them at higher risk for serious illness if they contact COVID-19, or
•Household has a least one member 65 years or older.
Don't know if you qualify? Contact ChildStrive
Community Connector: Jazmin Lopez Ibarra
Confirmed and Probable Cases of COVID-19 In Snohomish County
See the table below with Snohomish County COVID-19 counts for this week.
Numbers less than five are suppressed to protect medical privacy. Not all cases are
within city limits, and totals may include nearby unincorporated Snohomish County.
Unknown includes cases are still under investigation. Counts are for Snohomish
County only.
Essential links and phone numbers for up-to-date information
•Snohomish Health District
•Snohomish County COVID-19 Response & Community Resource Hub
•Washington State
•Centers for Disease Control and Prevention
•Snohomish County COVID-19 Phone Line: 425-388-3944
•Washington State COVID-19 Hotline: Call 1-800-525-0127 or text 211 for help.
Snohomish County Covid-19 Data Dashboard
Arlington COVID Counts
Community Contacts
COVID-19 Information
Snohomish County and City Case Count
coronavirus.wa.gov
arlingtonwa.gov/coronavirus
In Need Resources
Masks for Arlington
City of Arlington Reduced Utility Rate
Information
NSCO Community Laundry Outreach
Arlington Community Food Bank
Arlington Community Resource Center
Jake’s House Church
Financial Resources for WA residents
Masks for Arlington
Senior Farmers Market Nutrition Program
Arlington Food Bank
360-435-1631
Donate to Arlington Food Bank
Monday 11:30am - 1:00pm
Wednesday 5:30pm - 7:00pm
Friday 11:30am - 1:00pm
19118 63rd Avenue NE, Arlington
Arlington Community Resource Center
Currently by appointment only
360-322-6989
Follow on Facebook
Volunteers Needed!
Business Resources
City of Arlington Business Resources
Stilly Valley Chamber of Commerce
Small Business Development Center
Snohomish County Safe Start Plan Phase 3
Federal Resources
Support Local Businesses
Stilly Valley Chamber of Commerce
Arlington Online
Downtown Arlington Business Association
Virtual Arlington
School Information
Arlington Public Schools
Lakewood School District
Community Resources
Arlington Library
Lakewood/Smokey Point Library
Contact-free pick up and return of physical
library materials
www.sno-isle.org/online
Stillaguamish Senior Center
Lunches available for pick up
M, T, Th, F, 11am-1pm.
Family Caregiver Program
Medical Equipment Loan Program
Thrift Store Mon-Fri, 9am-4pm
360-653-4551 ext 230
Arlington Boys & Girls Club
Call for up to date info.
360-435-4442
Smokey Point Farmers Market
18825 67th Ave NE Arlington
Fridays 2:00-6:00 p.m.
May -August 28
Arlington Farmers Market
Legion Park, 114 N Olympic Ave.
Saturdays, 10:00 a.m. to 2:00 p.m.
June 6 - September 26
Snohomish County Transfer Station
Contact Us!
Your Elected Officials
Mayor Barb Tolbert
btolbert@arlingtonwa.gov
City Council
Jesica Stickles
jesicas@arlingtonwa.gov
Debora Nelson
deboran@arlingtonwa.gov
Michele Blythe
micheleb@arlingtonwa.gov
Marilyn Oertle
marilyno@arlingtonwa.gov
Mike Hopson
mikeh@arlingtonwa.gov
Jan Schuette
jans@arlingtonwa.gov
Don Vanney
donv@arlingtonwa.gov
The Arlington City Council meets for regular
Council meetings on the first and third
Mondays of the month and workshops on
the second and fourth Mondays of the
month, excluding holidays. Meetings begin
at 7 p.m.
Watch City Meetings live or recorded
on YouTube.
Find meeting agendas and how to provide
Mayor's Office
360-403-3442
Administration
360-403-3441
Airport
360-403-3470
Cemetery
360-403-3428
Community & Economic Development
360-403-3551
Finance Department
360-403-3421
Express Bill Pay
Fire Business Line
360-403-3600
Human Resources
360-403-3443
Police Business Line
360-403-3400
Public Works Utilities
360-403-3526
Recreation
360-403-3448
Street & Park Maintenance
360-403-3451
Utility Billing
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83 Columbia St., Seattle, WA 98104 • P.O.Box 11050, Seattle, WA 98111 • www.djc.com
Phone (206) 622-8272 • Fax (206)-622-8416 • legals@djc.com
ATTACHMENT H
Rev. 9/17
ADVERTISEMENT FOR BID
City of Arlington
PROJECT TITLE (P0X.XXX)
Notice is hereby given that sealed proposals will be received by the City of Arlington Public Works Department, 154 W. Cox,
Arlington, Washington 98223, until 2:00 PM, local time on (DATE), for furnishing the necessary labor, materials,
equipment, tools, and guarantees thereof to perform the project.
(Optional) A non-mandatory pre-bid meeting has been scheduled for (TIME AND DATE) to be held at the Public Works
Department, address above.
Work shall include (PROJECT DESCRIPTION)
All bidding and construction is to be performed in compliance with the Contract Documents for this project and any Addenda
issued thereto, which are on file with the City of Arlington Public Works Department.
Proposals received after the date and time stated above will not be considered. Immediately following the deadline for
submission, the proposals will be publicly opened and read aloud in the Stillaguamish Conference Room at the Public Works
Administration Building located at 154 W. Cox Ave, Arlington, WA 98223. Proposals must be submitted on the forms
provided with the contract documents. All proposals must be accompanied by a bid deposit in the form of a certified or
cashier’s check, or bid bond, for not less than five percent (5%) of the total amount bid, including additives and alternates, if
any. Refer to Instructions to Bidders for more information. Should the successful Bidder fail to enter into such contract and
furnish satisfactory payment and performance bonds within the time stated in the specifications, the bid deposit shall be
forfeited to the City of Arlington.
Plans and specifications are available for viewing only at the City of Arlington Public Works Department, 154 W. Cox Ave,
Arlington, Washington 98223. Purchase of Contract Documents are available through SolicitBid.
Free-of-charge access to bidding information (plans, specifications, addenda, and Bidders List) is available through the City
of Arlington's on-line plan room hosted by SolicitBid; simply go to www.solicitbid.com and click on "Posted Projects". This
online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order
full/partial plan sets from numerous reprographic sources. Printing costs shall be by the individual bidders, and not provide
by the City. It is recommended that Bidders “Register” in order to receive automatic e-mail notification of future addenda
and to place themselves on the bidders list. Bidders that do not register will not be automatically notified of addenda and will
need to periodically check the on-line plan room for addenda issued on this project. Contact SolicitBid at (206) 219-6481 or
support@solicitbid.com for website assistance.
The City of Arlington expressly reserves the right to reject any and all bids, to waive minor irregularities or informalities, and
to further make award of the project to the lowest responsible Bidder as it best serves the interest of the City of Arlington. No
proposal may be withdrawn after the time stated above, or before Award of Contract, unless said award is delayed for a period
exceeding sixty (60) calendar days after opening of the proposals, or Bidder withdraws proposal due to error in accordance
with Section 1-03.1 of the WSDOT Standard Specifications.
The City of Arlington in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4
and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration
for an award.
Published: Everett Herald
1st Pub:_______________
2nd Pub:_____________
1st Pub:______________
2nd Pub:______________
1st Pub:_______________
2nd Pub:_______________
Contractor
Project
X
Department Project Administrator
Checklist
Click or tap here to enter text.
Project #
Click or tap to enter a date.
Award Date
Click or tap to enter a date.
End Date
ATTACHMENT I
Solicitation Method
☐Notice of Award
☐Notice to Proceed
☐Executed Contract
☐W-9
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this ____ day of
_________________, 20___, by and between the CITY OF ARLINGTON, a Washington
municipal corporation, hereinafter referred to as the "CITY" and ______________________
(CONSULTANT NAME) hereinafter referred to as the "PROFESSIONAL."
IN CONSIDERATION of the terms, conditions, and covenants contained herein, the
parties hereto agree as follows:
1.SCOPE OF SERVICES
The PROFESSIONAL shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof, as are
identified and designated as PROFESSIONAL responsibilities throughout this Agreement and as
detailed in Exhibit "A" _________________________ (PROJECT NAME) attached hereto and
incorporated herein (the "Project").
2.TERM
The Project shall begin upon full execution of this Agreement and shall be completed no
later than __________________, 20___, unless sooner terminated according to the provisions
herein.
3.COMPENSATION AND METHOD OF PAYMENT
3.1 Payments for services provided hereunder shall be made following the performance
of such services, unless otherwise permitted by law and approved in writing by the
CITY.
3.2 No payment shall be made for any service rendered by the PROFESSIONAL
except for services identified and set forth in this Agreement.
3.3 The CITY shall pay the PROFESSIONAL for work performed under this
Agreement as follows:
3.3.1 PROFESSIONAL shall submit monthly invoices detailing work performed
and expenses for which reimbursement is sought.
3.3.2 CITY shall approve all invoices before payment is issued. Payment shall
occur within thirty (30) days of receipt and approval of an invoice.
3.4 CITY shall pay PROFESSIONAL for such services: (check one)
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Hourly: $_____________ per hour, plus actual expenses, but not to exceed a
total of $______________ without an amendment to this Agreement.
Fixed Sum: A total amount of $ ________________________________.
Other: _______________________________________________.
for all work performed and expenses incurred under this Agreement.
3.5 CITY reserves the right to withhold payment under this Agreement which is
determined, in the reasonable judgment of the City Administrator or his/her
designee to be noncompliant with this Agreement, the Scope of Services attached
hereto, City standards, or city, state or federal law.
4.REPRESENTATIONS
CITY has relied upon the qualifications of PROFESSIONAL in entering into this
Agreement. By execution of this Agreement, PROFESSIONAL represents it possesses the ability,
skill and resources necessary to perform the work and is familiar with all applicable current laws,
rules and regulations which reasonably relate to the Scope of Services detailed in Exhibit “A”
hereto.
5.STANDARD OF CARE
PROFESSIONAL shall exercise the degree of skill and diligence normally employed by
professional consultants engaged in the same profession, and performing the same or similar
services at the time such services are performed. PROFESSIONAL will be responsible for the
technical accuracy of its services and documents resulting therefrom, and CITY shall not be
responsible for discovering deficiencies therein. PROFESSIONAL agrees to correct any
deficiencies discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
6.REPRESENTATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
6.1 By executing this Agreement, the PROFESSIONAL certifies to the best of its
knowledge and belief, that it and its principles:
6.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
6.1.2 have not, within a three-year period preceding this proposal, been convicted
of or had a civil judgment rendered against them for commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
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public transaction; violation of federal or state anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
6.1.3 are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (federal, state, or local) with commission of any of
the offenses enumerated in paragraph 6.1.2 of this certification; and
6.1.4 have not, within a three-year period preceding this application/proposal, had
one or more public transactions (federal, state, or local) terminated for cause
or fault.
6.2 Where the PROFESSIONAL is unable to certify to any of the statements in this
certification, such PROFESSIONAL shall attach an explanation to this Agreement.
7.REPORTS AND INSPECTIONS
7.1 The PROFESSIONAL at such times and in such forms as the CITY may require,
shall furnish to the CITY such statements, records, reports, data, and information
as the CITY may request pertaining to matters covered by this Agreement.
7.2 The PROFESSIONAL shall at any time during normal business hours and as often
as the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or indirectly,
by this Agreement and shall permit the CITY or its designated authorized
representative to audit and inspect other data relating to all matters covered by this
Agreement. The CITY shall receive a copy of all audit reports made by the agency
or firm as to the PROFESSIONAL's activities. The CITY may, at its discretion,
conduct an audit at its expense, using its own or outside auditors, of the
PROFESSIONAL'S activities which relate, directly or indirectly, to this
Agreement.
8.INDEPENDENT CONTRACTOR RELATIONSHIP
8.1 The parties intend that an independent contractor relationship will be created by
this Agreement. The CITY is interested primarily in the results to be achieved;
subject to paragraphs herein, the implementation of services will lie solely with the
discretion of the PROFESSIONAL. No agent, employee, servant or representative
of the PROFESSIONAL shall be deemed to be an employee, agent, servant or
representative of the CITY for any purpose, and the employees of the
PROFESSIONAL are not entitled to any of the benefits the CITY provides for its
employees. The PROFESSIONAL will be solely and entirely responsible for its
acts and for the acts of its agents, employees, servants, subcontractors or
representatives during the performance of this Agreement.
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8.2 In the performance of the services herein contemplated the PROFESSIONAL is an
independent contractor with the authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the CITY and shall be subject to the CITY's general rights of
inspection and review to secure the satisfactory completion thereof.
9.PROFESSIONAL’S EMPLOYEES/AGENTS
The CITY may at its sole discretion require the PROFESSIONAL to remove any
employee, agent or servant from employment on this Project. The PROFESSIONAL may however
employ those individual(s) on other non-CITY related projects.
10.HOLD HARMLESS/INDEMNIFICATION
10.1 PROFESSIONAL shall, 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 PROFESSIONAL or the
PROFESSIONAL’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.
10.2 PROFESSIONAL’s duty to indemnify and hold the CITY harmless against liability
for damages arising out of or caused by the concurrent negligence of CITY or
CITY’s employees or agents and PROFESSIONAL or PROFESSIONAL’s
employees or agents shall apply only to the extent of the negligence or wrongdoing
of PROFESSIONAL and PROFESSIONAL’s employees or agents.
10.3 Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the PROFESSIONAL and the CITY, its officers, officials,
employees, and volunteers, the PROFESSIONAL's liability, including the duty and
cost to defend, hereunder shall be only to the extent of the PROFESSIONAL’s
negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the PROFESSIONAL’s waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. PROFESSIONAL certifies, by signing this Agreement, that this
indemnification provision was mutually negotiated. The provisions of this section
shall survive the expiration or termination of this Agreement.
10.4 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
11.INSURANCE
The PROFESSIONAL shall procure and maintain for the duration of the Agreement,
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insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the PROFESSIONAL, its agents,
representatives, or employees.
11.1 Insurance Term. The PROFESSIONAL shall procure and maintain for the duration
of the Project, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the PROFESSIONAL, its agents, representatives, or employees.
11.2 No Limitation. The PROFESSIONAL’s maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the PROFESSIONAL
to the coverage provided by such insurance, or otherwise limit the CITY’s recourse
to any remedy available at law or in equity.
11.3 Minimum Scope of Insurance. PROFESSIONAL shall obtain insurance of the
types described below:
11.3.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
11.3.2 Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The
City shall be named as an insured under the PROFESSIONAL's
Commercial General Liability insurance policy with respect to the work
performed for the City using an additional insured endorsement at least as
broad as ISO CG 20 26.
11.3.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
11.3.4 Professional Liability insurance appropriate to the PROFESSIONAL's
profession.
11.4 Minimum Amounts of Insurance. PROFESSIONAL shall maintain the following
insurance limits:
11.4.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
11.4.2 Commercial General Liability insurance shall be written with limits no less
than $2,000,000 each occurrence, $2,000,000 general aggregate.
11.4.3 Professional Liability insurance shall be written with limits no less than
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$2,000,000 per claim and $2,000,000 policy aggregate limit.
11.5 Other Insurance Provisions. The PROFESSIONAL’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any Insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the PROFESSIONAL’s insurance and shall not contribute with it.
11.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
11.7 Verification of Coverage. PROFESSIONAL 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 PROFESSIONAL before commencement of the work.
11.8 Notice of Cancellation. PROFESSIONAL shall provide the CITY with written
notice of any policy cancellation within two business days of their receipt of such
notice.
11.9 Failure to Maintain Insurance. Failure on the part of the PROFESSIONAL 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
PROFESSIONAL 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
PROFESSIONAL from the CITY.
11.10 City Full Availability of Professional Limits. If the PROFESSIONAL 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 PROFESSIONAL, irrespective of whether such limits
maintained by the PROFESSIONAL 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 PROFESSIONAL.
12.OWNERSHIP OF ASSETS
Title to all property furnished by the CITY shall remain in the name of the CITY and the
CITY shall become the owner of the work product and other documents, if any, prepared by the
PROFESSIONAL pursuant to this Agreement.
13.COMPLIANCE WITH LAWS
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13.1 The PROFESSIONAL, in the performance of this Agreement, shall comply with
all applicable federal, state or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, and any other standards or criteria as described in this
Agreement to assure quality of services.
13.2 The PROFESSIONAL specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
14.NONDISCRIMINATION
14.1 The CITY is an equal opportunity employer.
14.2 Nondiscrimination in Employment. In the performance of this Agreement, the
PROFESSIONAL will not discriminate against any employee or applicant for
employment on the grounds of race, creed, color, national origin, sex, marital status,
age or the presence of any sensory, mental or physical handicap; provided that the
prohibition against discrimination in employment because of handicap shall not
apply if the particular disability prevents the proper performance of the particular
worker involved. The PROFESSIONAL shall ensure that applicants are employed,
and that employees are treated during employment without discrimination because
of their race, creed, color, national origin, sex, marital status, age or the presence of
any sensory, mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and programs for training including apprenticeships. The
PROFESSIONAL shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, state and federal laws prohibiting
discrimination in employment.
14.3 Nondiscrimination in Services. The PROFESSIONAL will not discriminate against
any recipient of any services or benefits provided for in this Agreement on the
grounds of race, creed, color, national origin, sex, marital status, age or the presence
of any sensory, mental or physical handicap.
14.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The PROFESSIONAL shall take such action as may be required to
ensure full compliance with the provisions in the immediately preceding paragraphs
herein.
15.ASSIGNMENT/SUBCONTRACTING
15.1 The PROFESSIONAL shall not assign its performance under this Agreement or
any portion of this Agreement without the written consent of the CITY, and it is
further agreed that said consent must be sought in writing by the PROFESSIONAL
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not less than thirty (30) days prior to the date of any proposed assignment. The
CITY reserves the right to reject without cause any such assignment.
15.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
15.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
16.CHANGES OR AMENDMENTS
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon either
party unless such change or addition be in writing and signed by both parties. Such amendments
shall be attached to and made part of this Agreement.
17.OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS
17.1 All drawings, plans, specifications, and other related documents prepared by
PROFESSIONAL under this Agreement are and shall be the property of CITY, and
may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable
public records laws. The written, graphic, mapped, photographic, or visual
documents prepared by PROFESSIONAL under this Agreement shall, unless
otherwise provided, be deemed the property of the CITY. CITY shall be permitted
to retain these documents, including reproducible camera-ready originals of
reports, reproduction quality mylars of maps, and copies in the form of computer
files, for the CITY’s use. CITY shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or part, and reports, data, drawings,
images or other material prepared under this Agreement, provided that
PROFESSIONAL shall have no liability for the use of PROFESSIONAL’s work
product outside of the scope of its intended purpose, and the CITY agrees to
indemnify and hold the PROFESSIONAL harmless from such use.
17.2 The PROFESSIONAL shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures and
practices as may be necessary to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject at all reasonable times to
inspection, review, or audit, by the CITY, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this
Agreement.
17.3 The PROFESSIONAL shall retain all books, records, documents and other material
relevant to this Agreement, for six (6) years after its expiration. The
PROFESSIONAL agrees that the CITY or its designee shall have full access and
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right to examine any of said materials at all reasonable times during said period.
PROFESSIONAL agrees to cooperate with the CITY to produce in a timely manner
any records in the possession of PROFESSIONAL relating to the performance of
this Agreement which are or may be the subject of a valid request under the Public
Records Act, RCW Chapter 42.56.
18.OTHER PROVISIONS
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If, after thirty (30) days of negotiation, an agreement cannot
be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter.
19.TERMINATION
19.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least five (5) days written notice to the
PROFESSIONAL.
19.2 Termination for Cause. If the PROFESSIONAL fails to perform in the manner
called for in this Agreement, or if the PROFESSIONAL fails to comply with any
other provisions of this Agreement and fails to correct such noncompliance within
five (5) days written notice thereof, the CITY may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
PROFESSIONAL setting forth the manner in which the PROFESSIONAL is in
default. The PROFESSIONAL will only be paid for services performed in
accordance with the manner of performance set forth in this Agreement.
20.NOTICE
Notices, other than applications for payment, shall be given in writing to the persons
named below:
TO THE CITY: TO THE PROFESSIONAL:
CONSULTANT FIRM:
ADDRESS:
CITY, STATE, ZIP:
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21.ATTORNEYS FEES AND COSTS
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any
other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred
in that action or proceeding.
22.WAIVER
No officer, employee, agent or other individual acting on behalf of either party has the
power, right or authority to waive any of the conditions or provisions of this Agreement. No
waiver in one instance shall be held to be a waiver of any other subsequent breach or
nonperformance. Failure of either party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other party of any provision hereof shall
in no way be construed to be a waiver of such provisions nor shall it affect the validity of this
Agreement or any part thereof.
23.JURISDICTION AND VENUE
This Agreement has been and shall be construed as having been made and delivered within
the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed
by laws of the State of Washington, both as to interpretation and performance.
Any action of law, suit in equity, or judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts
of competent jurisdiction in Snohomish County, Washington.
24.SEVERABILITY
24.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
24.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
25.ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
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with any of the provisions stated herein shall constitute material breach of contract and cause for
termination. Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: PROFESSIONAL:
CITY OF ARLINGTON CONSULTANT NAME
__________________________________
City Authorized Representative
_________________________________
(Print)
_________________________________
Title
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EXHIBIT A
SCOPE OF SERVICES
( PROJECT NAME )
DOT Form App. 28.92
Revised 03/2020
Appendix 28.92
Letter of Intent to Comply with WSDOT Title VI Plan
In lieu of adopting a Title VI Plan, the (City of Arlington) agrees to comply with the
WSDOT Title VI Plan.
The (City of Arlington) assures that no person shall on the grounds of race, color,
or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the
Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity. The (City of Arlington) further assures every effort will be
made to ensure nondiscrimination in all of its programs and activities, whether
those programs and activities are federally funded or not.
The Civil Rights Restoration Act of 1987, broadened the scope of Title VI
coverage by expanding the definition of terms “programs or activities” to include
all programs or activities of federal aid recipients, sub-recipients, and
contractors/consultants, whether such programs and activities are federally
assisted or not (Public Law 100259 [S.557] March 22, 1988).
In the event the (City of Arlington) distributes federal aid funds to a sub-recipient,
the (City of Arlington) of will include Title VI language in all written agreements
and will monitor for compliance.
The (City of Arlington) is responsible for initiating and monitoring Title VI
activities, collecting data, preparing reports (including Appendix 28.93) and other
responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49
Code of Federal Regulation, WSDOT Title VI Plan, and the WSDOT Local Area
Guidelines manual.
Required Attachment: signed, unaltered USDOT1050.2a, Standard Title VI
Assurances
1
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances
DOT Order No. 1050.2A
The City of Arlington (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to
receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through
Washington State Department of Transportation (WSDOT), is subject to and will comply with the
following:
Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department
Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity, "for which the Recipient receives Federal
financial assistance from DOT, including the Washington State Department of
Transportation.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI
and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-
discrimination statutes and requirements to include all programs and activities of the Recipient, so long
as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives
the following Assurances with respect to its Federally assisted program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and
21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard
2
to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in connection with
all Federal-Aid Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
"The City of Arlington, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or
agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with
the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a
facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition
of real property or an interest in real property, the Assurance will extend to rights to space on,
over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or
similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired
or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient, or
any transferee for the longer of the following periods:
3
a. the period during which the property is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he/she delegates specific authority to
give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of
Federal financial assistance under such program will comply with all requirements imposed or
pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard
to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, City of Arlington also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions
governing the WSDOT access to records, accounts, documents, information, facilities, and staff. You
also recognize that you must comply with any program or compliance reviews, and/or complaint
investigations conducted by the WSDOT. You must keep records, reports, and submit the material for
review upon request to the WSDOT, or its designee in a timely, complete, and accurate way.
Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as
prescribed by law or detailed in program guidance.
The City of Arlington gives this ASSURANCE in consideration of and for obtaining any Federal grants,
loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial
assistance extended after the date hereof to the recipients by the U.S. Department of Transportation
under the Federal Highway Administration. This ASSURANCE is binding on Washington State
Department of Transportation, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors and their subcontractors', transferees, successors in interest, and any other participants
in the Federal-Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE
on behalf of the Recipient.
City of Arlington
(Name of Recipient)
by ___________________________________
(Signature of Authorized Official)
DATED________________________________
A
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs
of the U.S. Department of Transportation, Washington State Department of Transportation, as
they may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin.
4.Information and Reports: The contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Recipient or the Washington State Department of Transportation to be pertinent to
ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the contractor will so certify to the Recipient or the Washington State
Department of Transportation, as appropriate, and will set forth what efforts it has made to
obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the Recipient will impose such contract sanctions as it
or the Washington State Department of Transportation may determine to be appropriate,
including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies;
and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
A
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
contractor will take action with respect to any subcontract or procurement as the Recipient or
the Washington State Department of Transportation may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the Recipient to enter into any litigation to protect the
interests of the Recipient. In addition, the contractor may request the United States to enter
into the litigation to protect the interests of the United States.
B
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to
the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the City of Arlington will accept title to the lands and maintain the project constructed thereon in
accordance with Title 23, United States Code, the Regulations for the Administration of Washington
State Department of Transportation, and the policies and procedures prescribed by the Federal Highway
Administration of the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S
Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and
convey unto the City of Arlington all the right, title and interest of the U.S. Department of
Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the City of Arlington and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained
as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits and will be binding on the City of Arlington, its successors
and assigns.
The City of Arlington, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that
(1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Arlington
will use the lands and interests in lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted
programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of
the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-
enter said lands and facilities on said land, and that above described land and facilities will thereon
revert to and vest in and become the absolute property of the U.S. Department of Transportation and its
assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
C
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the City of Arlington pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the
land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of
Transportation activity, facility, or program is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, City of Arlington will have the right to terminate the (lease, license,
permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the
same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants,
the City of Arlington will have the right to enter or re-enter the lands and facilities thereon, and the
above described lands and facilities will there upon revert to and vest in and become the absolute
property of the City of Arlington and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
D
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by City of Arlington pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the
land") that (1) no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, (2) that in the construction of any improvements on, over, or under such land, and the
furnishing of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all
other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in
this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-
discrimination covenants, the City of Arlington will have the right to terminate the (license, permit,
etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and
hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the
City of Arlington will there upon revert to and vest in and become the absolute property of the City
of Arlington and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: November 8, 2021 SUBJECT: Resolution Declaring an Emergency with the water main repair at Washington Trucking ATTACHMENTS: DRAFT Resolution Declaring an Emergency and Waiving Competitive Bidding Requirements Quote from Ferguson Waterworks for pipe and fittings needed for repair DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $106,518.24 BUDGET CATEGORY: Water Capital Budget – Distribution Repairs BUDGETED AMOUNT: $150,000.00 LEGAL REVIEW: DESCRIPTION: Emergency Declaration for the Washington Trucking water main repair and purchase of necessary pipe and fittings from Ferguson Waterworks. HISTORY: In 2019, a significant leak was discovered in an Asbestos Concrete (AC) water main. Staff was able to isolate the leak by shutting off valves which isolated a 1,725-foot section of AC water main. The isolation of this section of pipe placed the Washington Trucking facility at water main “dead end” lacking the redundancy needed for secure fire protection. Due to 2020 COVID-19 staffing and contracting issues, staff was not able to perform the necessary repairs. In 2021, repair was further delayed due to supply chain issues associated with the COVID-19 pandemic. Staff was recently notified by Ferguson Waterworks that there was sufficient water main piping not needed for a construction project and available for purchase on a first come-first served basis. A purchase order
RESOLUTION NO. 2021–XXX
A RESOLUTION DECLARING AN EMERGENCY, AND WAIVING COMPETITIVE BIDDING
REQUIREMENTS DUE TO A BREAK IN THE WASHINGTON TRUCKING WATER MAIN
WHEREAS, a break in the City of Arlington’s water main near the Washington Trucking
facility resulted in a water main “dead end” eliminating the redundancy needed for fire
protection service to the Washington Trucking facility; and
WHEREAS, the water main leak has occurred in an asbestos concrete pipe that is in
extremely poor condition and not suitable for repair; and
WHEREAS, the City’s investigation has concluded that a new water main extension will
eliminate the “dead end” and restore redundant fire service protection to the area near the
Washington Trucking facility; and
WHEREAS, we are in a time of material shortages due supply chain issues caused by the
COVID-19 pandemic; and
WHEREAS, Ferguson Waterworks has the necessary water main materials in stock for
the City to facilitate the necessary repairs;
NOW, THEREFORE, the City Council of the City of Arlington Washington does hereby
resolve as follows:
1. The City Council finds an emergency exists with a break in the City’s water main
impacting fire service protection to a City business, which presents a real and
immediate threat to the proper performance of essential functions if immediate
action is not taken, and therefore competitive bidding requirements for the work
necessary as a result of the emergency are hereby waived.
Approved by the City Council of the City of Arlington this 15th day of November, 2021.
CITY OF ARLINGTON
___________________________
Barbara Tolbert, Mayor
ATTEST:
________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: November 8, 2021 SUBJECT: Fire District 21 Reimbursement Agreement ATTACHMENTS: Letter and map identifying project benefiting area Summary report for McElroy Rd Water Main Extension Benefiting Area Reimbursement Sample letter to property owners appraising them of the reimbursement area and fee DEPARTMENT OF ORIGIN Public Works, Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Fire District 21 is installing a water main and is requesting the establishment of a Reimbursement Agreement as allowed by Arlington Municipal Code 13.24 to recover costs for installing the water main. HISTORY: To better serve the Arlington community, Fire District 21 is constructing a new fire station on McElroy Road. The new fire station is located within the City of Arlington’s water service area and the Fire District will be extending a water main to serve the new fire station. The minimum water main size for this extension is an 8-inch pipe, however the Arlington Water Utility is paying material costs to upsize the water main to a 12-inch pipe. The Fire District has approved plans and an executed Utility Extension Agreement; they are now requesting City Council approval to develop a reimbursement area as allowed by AMC 13.24 to recover some of the construction costs for this water main extension. Fire District engineers have worked with the City Engineer to develop a reimbursement area consisting of 21 properties that would benefit from this water main extension and have developed a reimbursement fee to be shared among the 21 properties based on the project bid amount, less $100,000.00 cost contribution by the Fire District and $92,925.00 material cost payment by the Arlington Water Utility. The reimbursement amount is $13,863.00 and is only payable if the benefiting property wants to connect to the City’s potable water system. The City Engineer has determined that the necessary information for establishment of a Reimbursement Agreement per AMC 13.24 has been submitted and is recommending the Council approve of
City of Arlington Council Agenda Bill Item: WS #3 Attachment C
October 22, 2021
Prop Owner Name
Prop Owner Address
City, State Zip
Re: Notification of Pending Utility Reimbursement Agreement
Dear Property Owner,
The Arlington City Council is considering a request to establish a Utility Reimbursement Agreement that
may impact your property. As a property owner within the Utility Reimbursement Assessment Area whose
preliminary boundaries are enclosed with this notice, you or your heirs and assigns may be obligated to pay
under certain circumstances, a pro rata share of construction and contract administration costs of a certain
water or sewer utility improvement project. The proposed amount of such pro rata share or assessment is
also enclosed with this notice. You, or your heirs and assigns, may have to pay such share, if any
development permits are issued to connect your property to said water or sewer improvement within
twenty (20) years of the date the agreement establishing such area is recorded with the Snohomish County
Auditor. After such agreement is recorded it shall be binding on all owners of record within the
reimbursement area who are not a party to the contract.
Dated: _ _.
Subsequent to the recording of a Utility Reimbursement Agreement the city shall not, during the term of a
reimbursement agreement, permit connection of any property within the reimbursement area to any sewer or
water facility constructed pursuant to the reimbursement agreement, unless the share of the costs of such
facilities required by the recorded agreement is first paid to the city in the amount of $13,863.
Comments shall be received within twenty (20) days of the date above and directed to Ryan Morrison at
utilities@arlingtonwa.gov or mailed to 154 W. Cox Street, Arlington, WA 98223. For further information, view
the Arlington Municipal Code (AMC) 13.24 Utility Reimbursement Agreements.
Sincerely,
City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: November 8, 2021 SUBJECT: Washington Economic Development Finance Authority (WEDFA) Economic Development Revenue Bonds: Mura Cascade ELP, LLC Project ATTACHMENTS: Letter from WEDFA and Resolution DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Mura Cascade ELP, LLC (“Mura”) is planning to construct, install, and operate a facility that extracts high grade and valuable chemicals (oils, waxes and naphtha), through a proprietary process, converting approximately 130,000 tons per year, of plastic waste feedstock. The facility is to be located on Lots 5, 6 and 7 in the Gayteway Business Park, adjacent to and immediately east of 7301 197th Pl NE in Arlington. Mura intends to finance this project through the use of nonrecourse economic development revenue bonds issued by the Washington Economic Development Finance Authority (WEDFA). The only purpose of this resolution is to approve Mura Cascade’s use of WEDFA financing for this project.
It is the policy of WEDFA only to issue bonds in support of projects which would be welcomed by the local community. As part of the issuance process, therefore, it would like the City of Arlington City Council, as the planning jurisdiction, to consider passage of a Planning Jurisdiction Approval Resolution. ALTERNATIVES: Remand back to staff for additional information.RECOMMENDED MOTION: Workshop; discussion only. At the November 15, 2021 Council meeting, the recommended motion will be, “I move to approve the resolution approving the action of WEFDA, and authorize the Mayor to sign it.”
October 11, 2021
Mayor Barb Tolbert
City of Arlington
238 N Olympic Avenue
Arlington, WA 98223
btolbert@arlingtonwa.gov
Re: Washington Economic Development Finance Authority Economic Development Revenue Bonds:
Mura Cascade ELP, LLC Project
Dear Mayor Tolbert:
Mura Cascade ELP, LLC (“Mura”) is planning to construct, install, and operate a chemical manufacturing
plant using plastic waste feedstock, to be located in Lots 5, 6 and 7 in the Gayteway Business Park adjacent
to and immediately east of 7301 197th Pl NE in Arlington. Mura intends to finance this project through
the use of nonrecourse economic development revenue bonds issued by the Washington Economic
Development Finance Authority (WEDFA).
It is the policy of WEDFA only to issue bonds in support of projects which would be welcomed by the local
community. As part of the issuance process, therefore, we would like the City of Arlington City Council,
as the planning jurisdiction, to consider passage of a Planning Jurisdiction Approval Resolution, in the form
substantially as attached.
We wish to emphasize that the only purpose of this resolution is to approve Mura Cascade’s use of WEDFA
financing for this project. It does not supplement or replace any portion of the normal permitting process.
There is no liability against the City of Arlington created by issuance of WEDFA's bonds or adoption of this
resolution.
We are planning to issue the bonds in the upcoming months. It would greatly assist our timing if the City
Council could consider this approval at the November 1st meeting; or, if November 1st is not possible, at
the November 15th Council meeting. I would appreciate it if your office could send me a copy of the
approved resolution should the City Council look on our request favorably.
Jon Cozens of Mura would be happy to provide you with any further information that you might find
helpful regarding the project. His telephone number is (908) 229-1370. Rodney Wendt, Executive
Director of WEDFA, would also be happy to attend the City Council meeting to answer questions from the
Council.
Please let me know how we can work together to facilitate this process. If you have any questions, please
do not hesitate to give me a call. My telephone number is 206-287-4447, and I can also be reached by
email at molly.abbey@wshfc.org.
Sincerely yours,
Molly Abbey
Program Administrator
cc: Jon Cozens, Mura Cascade ELP, LLC
Rodney Wendt, WEDFA
Encls.
1
RESOLUTION NO. 2021 – XXX
A RESOLUTION OF THE CITY OF ARLINGTON CITY COUNCIL APPROVING THE ACTION OF THE
STATE OF WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND THE ISSUANCE
OF NON-RECOURSE REVENUE BONDS TO FINANCE AN ECONOMIC DEVELOPMENT FACILITY FOR
USE BY MURA CASCADE ELP. LLC (the "COMPANY"), AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATING THERETO
WHEREAS, on June 16, 2021, the Washington Economic Development Finance Authority
(“WEDFA”) had presented to it Resolution No. W-2021-06 (the "Resolution"), a copy of which is
attached hereto as Exhibit A, relating to the issuance of non-recourse revenue bonds, the
proceeds of which would be loaned to the Company or its affiliates for, among other projects,
the acquisition, construction and installation of a chemical manufacturing facility using plastic
waste located in Arlington, Washington (the "Project"), all as authorized by the Economic
Development Finance Authority Act of 1989, R.C.W. Title 43, Chapter 163, as amended (the
"Act"); and
WHEREAS, on June 16, 2021, WEDFA unanimously approved the Resolution; and
WHEREAS, it is the policy of WEDFA not to issue revenue bonds except upon the approval of
the county, city or town within whose planning jurisdiction the proposed economic development
facility lies; and
WHEREAS, the Project lies within the boundaries of the City of Arlington,
Washington; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND
ORDERED as follows:
Section 1: The City of Arlington City Council (the “City”), pursuant to the request of the
WEDFA, does hereby approve the issuance of non-recourse revenue bonds (the "Bonds") by
WEDFA, for the purposes provided in the Act. However, such approval shall not waive or modify
any of the permitting requirements applicable to this project.
Section 2: The proceeds of the Bonds are to be lent to the Company, pursuant to a loan
agreement or other appropriate financing agreement, and used for the purpose of acquiring,
constructing and equipping the Project, including the necessary appurtenances, located within
the boundaries of the City and to pay certain costs of issuance of the Bonds.
Section 3: The Bonds shall not constitute an obligation of the State of Washington or of the
City, and no tax funds or revenues of the State of Washington or of the City shall be used to pay
the principal of or interest on the Bonds. Neither the faith and credit nor any taxing power of the
State of Washington or of the City shall be pledged to pay the principal or interest on the Bonds.
2
Section 4: This Resolution is intended to constitute approval of the issuance of revenue bonds
within the meaning of the policy of WEDFA.
Section 5: Upon passage and approval of this Resolution, it shall take effect immediately.
PASSED by the City Council and APPROVED by the Mayor this 15th day of November, 2021.
CITY OF ARLINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
3
Exhibit A
WEDFA Resolution
Resolution No. W-2021-06 Page 1 of 6 June 16, 2021
RESOLUTION NO. W-2021-06
A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE
ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE
BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO
EXCEED $165,000,000 AND AUTHORIZING THE EXECUTION OF AN
INDEMNIFICATION AND COMPENSATION AGREEMENT BY AND
BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE
AUTHORITY AND MURA CASCADE ELP, LLC OR ITS SUCCESSOR OR
ASSIGNS (the "Company").
WHEREAS, the Washington Economic Development Finance Authority (the
"Issuer") is a duly organized and existing instrumentality of the State of Washington
authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the
"Act") to issue nonrecourse economic development revenue bonds for the purpose of
carrying into effect the construction of improvements and the acquisition of personal
properties and provide working capital suitable for use by any industry, and to loan its
moneys when necessary or convenient to carry out its powers under the Act; and
WHEREAS, the Company has informed the Issuer that it wishes to acquire and
construct a facility for chemical manufacturing using plastic waste located in Arlington,
Snohomish County, Washington, as more fully described in Exhibit A attached hereto
and incorporated herein (the "Site"), all of which are located within the territorial limits
of the State of Washington, and the Company has requested the Issuer to issue
nonrecourse economic development revenue bonds (the "Bonds") in a maximum amount
not to exceed $165,000,000 pursuant to the Act to carry into effect the acquisition and
equipping of real and personal property and provision of working capital at the Site to be
used in the solid waste disposal activities and manufacturing facilities of the Company, as
more fully described in Exhibit A hereto (the "Project"), and to loan the proceeds of the
Bonds to finance the improvement, equipping, and installation of the Project and to
reimburse the Borrower for costs of the Project; and
WHEREAS, a form of agreement designated as an "Indemnification and
Compensation Agreement," on file with the Issuer, has been prepared setting forth the
respective agreements and undertaking of the Issuer and the Company with respect to the
Bonds and the Project; and
WHEREAS, it is considered necessary and desirable for the best interest of the
Issuer that the Indemnification and Compensation Agreement be executed for and on the
behalf of the Issuer; and
Resolution No. W-2021-06 Page 2 of 6 June 16, 2021
WHEREAS, the Indemnification and Compensation Agreement requires the
Company to pay all reasonable and necessary costs incurred by the Issuer in connection
with the Bonds and/or in connection with the Project; and
WHEREAS, the Issuer finds that the Project constitutes the development and
improvement of economic development facilities under the Act; and
NOW THEREFORE, be it resolved by the Issuer as follows:
Section 1. It is hereby determined that (a) the acquisition, construction and
installation of the Project and its operation as an economic development facility; (b) the
issuance of the bonds of the Issuer in one or more series and in a maximum amount not to
exceed $165,000,000, to finance costs of the Project, such total costs to be financed by
the Bonds presently estimated to be approximately $165,000,000; and (c) the execution
and delivery of such contracts and agreements with the Issuer as are necessary to provide
for the payment by the Issuer of amounts sufficient to pay the principal of, premium, if
any, and interest on the Bonds, together with certain costs of the Issuer, will all be in
furtherance of the Act.
Section 2. The Borrower has indicated that it will incur and pay from its own
funds, expenses relating to the Project prior to the issuance of the Bonds and expects to
reimburse those expenditures with proceeds of the Bonds. This resolution constitutes an
affirmative official action and declaration of official intent to reimburse the Borrower for
Project expenditures within the meaning and subject to the conditions of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations.
Section 3. Subject to the conditions listed in Section 4 below, including such
other conditions as in the judgement of the Issuer and bond counsel are necessary to
insure the validity of the Bonds and the tax-exempt or taxable status of the Bonds, it is
the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to
the provisions of the Act. Nothing in this resolution shall be construed as legally binding
the Issuer to authorize, issue, or sell the Bonds.
Section 4. The authorization, issuance, and sale of the Bonds by the Issuer are
subject to the following conditions:
(a) the Company shall have caused to be issued an irrevocable letter of credit (the
"Letter of Credit") by an investment-grade rated commercial bank, acceptable to the
Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or
shall have secured a bond purchase agreement (the "Bond Purchase Agreement") from an
Accredited Investor, as such term is defined in 17 CFR 230.501(a), or qualified
institutional buyers, in each case acceptable to the Issuer, for the purchase of the Bonds;
(b) the Company shall enter into such contracts and loan agreements with the
Issuer as shall be necessary to secure payment of the principal of, premium, if any, and
interest on the Bonds as when the same shall come due and payable;
Resolution No. W-2021-06 Page 3 of 6 June 16, 2021
(c) on or before two (2) years from the date hereof (or such later date as shall be
mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall
have agreed to mutually acceptable terms and conditions of the contracts and agreements
referred to in paragraph (b) of this Section 4;
(d) the Issuer shall have received an opinion of bond counsel that, with certain
customary exceptions, such of the Bonds which it is intended shall be issued as tax-
exempt obligations may be so issued pursuant to the provisions of the Internal Revenue
Code of 1986;
(e) if required, the Issuer shall have received an allocation of the State ceiling on
private activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in
an amount equal to the aggregate face amount of such of the Bonds as shall be issued as
tax-exempt obligations, and shall have allocated such amount to the Bonds;
(f) the Issuer shall have received evidence that the county, city, or town within
whose planning jurisdiction the Project lies has approved the Project and the Bonds or
such other evidence satisfactory to the Issuer that the Project will be welcomed by the
community in which the Project will be located; and
(g) such other conditions as in the judgement of the Issuer and bond counsel are
necessary to ensure the validity of the Bonds and the tax-exempt status of such of the
Bonds as shall be issued as tax-exempt obligations.
Section 5. The proper officials of the Issuer are hereby authorized to take
such further action as is necessary to carry out the intent and purposes hereof under the
terms and conditions stated herein and in compliance with the applicable provisions of
law.
Section 6. That it is deemed necessary and advisable that the Indemnification
and Compensation Agreement be approved and executed for and on behalf of the Issuer.
Section 7. That an Indemnification and Compensation Agreement by and
between the Issuer and the Company be, and the same is hereby, approved and authorized
and the Chair of the Issuer is hereby authorized to execute the Indemnification and
Compensation Agreement on behalf of the Issuer.
Section 8. Each Bond, when and if issued, shall substantially state the
following language on the face thereof:
THE OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE
DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY
MUNICIPALITY, OR OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL
CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF
Resolution No. W-2021-06 Page 4 of 6 June 16, 2021
WASHINGTON, OR TO PLEDGE ANY OR ALL OF THE FAITH AND CREDIT OF
ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE
ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION,
QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE
STATE OF WASHINGTON IS OBLIGATED TO PAY THE PRINCIPAL OR THE
INTEREST THEREON. NO TAX FUNDS OR GOVERNMENTAL REVENUE MAY
BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY
OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUNICIPAL
CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR
AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR
OF THE INTEREST ON THE BONDS.
Section 9. This Resolution shall be effective after its adoption.
ADOPTED by the Washington Economic Development Finance Authority this
16th day of June, 2021.
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
Resolution No. W-2021-06 Page 5 of 6 June 16, 2021
EXHIBIT A
DESCRIPTION OF PROJECT AND SITE
The Project will consist of:
Acquisition, construction and equipping of a chemical manufacturing plant using plastic
waste, located near 19620 67th Ave NE, Arlington, Snohomish County, 98223.
City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: November 8, 2021 SUBJECT: Land Acknowledgement ATTACHMENTS: Memo from Council Member Mike Hopson, Memo from Mayor Tolbert to City Administrator Paul Ellis, and draft Proclamation DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: At the October 11, 2021 Council meeting, Council Member Hopson requested that the Council read a land acknowledgement at each Council meeting. Council requested we contact the Stillaguamish Tribe of Indians to get their feedback. Speaking to the current and former Tribal Chair, they concurred that the statement from the City is appreciated. They also stated their desire for the acknowledgement to create more unity than division. The Tribe suggested an annual proclamation might be a better more unifying approach to the acknowledgement. Having a plaque engraved and on display in Council chambers would be an additional way to honor the Tribe. HISTORY: The City of Arlington and Stillaguamish Tribe of Indians have had a government-to-government relationship for many years. The two organizations work well together, and believe it is important that we mutually respect each other. ALTERNATIVES:
RECOMMENDED MOTION: Workshop; discussion only. At the November 15, 2021 Council meeting, the recommended motion will be, “I move to support a yearly proclamation of land acknowledgement to the Stillaguamish Tribe of Indians, and authorize a plaque to be made and displayed in Council Chambers.”
Land Acknowledgement
Mike Hopson,
October 12, 2021
Monday, October 11th, is traditionally recognized as Columbus Day, and now also as Indigenous Peoples
Day. I propose that from this date forward the Arlington City Council begins its meetings with both the
Pledge of Allegiance and a statement of Land Acknowledgement.
A land acknowledgement shares a commitment to honoring Native communities, educates all
within a community in local history, and can demonstrate a sustained commitment to building
authentic community relationships to advance equity for all.
By honoring those who inhabited the land before us, we help to build understanding around the
history of our land and its indigenous people, as well as set the tone for honoring all people who
have been historically marginalized or underserved.
Dr. Chris Sweating, Arlington Public Schools
Statement of Land Acknowledgement
We honor the first peoples of these lands by acknowledging that the area in which we gather is within
the traditional territory of the Stillaguamish Tribe of Indians. The Stillaguamish people have inhabited
these lands and waters since time immemorial and their ancestors have remained in this territory to this
day. The Stillaguamish people have continued to practice the traditional way of their ancestors of
fishing, hunting, and gathering. The Stillaguamish Tribe has had these lands and cultural traditions
passed on to them by their ancestors who believed that everything has a spirit and that they are
caretakers of these lands and waters.
MEMO City of Arlington Administration
To: Paul Ellis, City Administrator
From: Barb Tolbert, Mayor
Date: November 3, 2021
Subject: Land Acknowledgement
At the October 11, 2021 Council meeting, Councilmember Hopson requested that the Council
read a land acknowledgement at each Council meeting. Council requested we contact the
Stillaguamish tribe to get their feedback.
Speaking to the current and former Tribal Chair, they concurred that the statement from the
City is appreciated. They also stated their desire for the acknowledgement to create more unity
than division. The Tribe suggested an annual proclamation might be a better more unifying
approach to the acknowledgement.
They thought it would be a nice recognition because the lands of Arlington were their
homeland. In our conversation, they recognized the best way to honor the territory, villages
and gravesites, as well as the treaty, is to continue to work with them in our government-to-
government relationship, and educate the public on the Tribes story. It would be advisable to
highlight how much we do together, and to show we are a great community, and that this area
is all of our homeland now. We can be a strong community by knowing and respecting each
other. Having a plaque engraved and on display in Council chambers would be an additional
way to honor the Tribe.
With those conversations in mind, here is a sample of a land acknowledgement proclamation
that honors the conversations:
We honor the first peoples of these lands by acknowledging that the area in which we gather is
within the traditional territory of the Stillaguamish Tribe of Indians. The Stillaguamish people
have inhabited these lands and waters since time immemorial, and their ancestors remain in
this territory to this day. The Stillaguamish Tribe have held these lands and have cultural
traditions passed on to them by their ancestors, who believed they are caretakers of lands and
waters. The Stillaguamish continue to be leading contributors to the areas natural resource
preservation, social outreach programs, and are active contributors to building Arlington’s
future.
PROCLAMATION
We honor the first peoples of these lands by acknowledging that the area in which we gather is within the traditional territory of the Stillaguamish Tribe of Indians. The Stillaguamish people have inhabited these lands and waters since time immemorial, and their ancestors remain in this territory to this day. The Stillaguamish Tribe have held these lands and have cultural traditions passed on to them by their ancestors, who believed they are caretakers of lands and waters. The Stillaguamish Tribe continues to be leading contributors to the areas natural resource preservation, social outreach programs, and are active contributors to building Arlington’s future. NOW, THEREFORE, Barbara Tolbert, Mayor of Arlington, does hereby proclaim October 10, 2022 as
INDIGENOUS PEOPLES DAY And encourages all residents to recognize the Stillaguamish Tribe of Indians as the original inhabitants of Arlington.
_________________________________ ____________________ Barbara Tolbert, Mayor Date