HomeMy WebLinkAbout05-27-2014
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
A
COUNCIL MEETING DATE:
May 27, 2014
SUBJECT:
Action to repeal Arlington Municipal Code (AMC) chapter 20.45 regarding 172nd street
design standards
ATTACHMENTS:
- Draft Ordinance repealing AMC 20.45 regarding 172nd Street design standards
- Road cross section adopted by AMC 20.45
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $ 0
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Staff is recommending action to repeal AMC 20.45 allowing 172nd St design to move
forward based on current traffic conditions, community needs, and available funding.
HISTORY:
In 2007 the City passed an ordinance creating Arlington Municipal Code 20.45 that
specifies how 172nd Street would be designed; this code applies to 172nd Street (SR-531)
between I-5 and SR-9. In addition to adopting a road cross section, AMC 20.45 specifies
required median widths, median landscaping, lane widths, sign requirements, planter
strip widths, etc.
With recent changes to speed limits on 172nd St and Arlington’s changing commuting
needs, the community’s needs will best be served by designing a roadway that is based on
traffic loading, current environmental/drainage requirements, and available funding.
ALTERNATIVES
• Do not repeal AMC 20.45
• Remand to staff for further evaluation
RECOMMENDED MOTION:
No action at this time – discussion/workshop only.
ORDINANCE NO. 2014-XXX 1
ORDINANCE NO. 2014--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
REPEALING ARLINGTON MUNICIPAL CODE CHAPTER 20.45
REGARDING 172nd STREET DESIGN STANDARDS
WHEREAS, the City of Arlington, Washington has the authority to enact laws to regulate
development occurring within the City; and
WHEREAS, the City Council believes it is in the best interests of its citizens to repeal
previously adopted design standards along 172nd Street (State Highway 531) between Interstate 5
and State Highway 9;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code Chapter 20.45 shall be and hereby is deleted in its
entirety.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. This ordinance shall be effective five days from its adoption
and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2014.
CITY OF ARLINGTON
____________________________
Barbara Tolbert, Mayor
Attest:
_______________________________
Kristin Banfield, City Clerk
ORDINANCE NO. 2014-XXX 2
Approved as to form:
____________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
B
COUNCIL MEETING DATE:
May 27, 2014
SUBJECT:
Prairie Creek Drainage Improvement, Phase 2A
ATTACHMENTS:
- Bid Tabulation
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $ 576,932.00 (APPARENT LOW BID AMOUNT)
BUDGET CATEGORY: CERB Grant /Stormwater CIP/ Proviso
LEGAL REVIEW:
DESCRIPTION:
The City advertised for construction of the Prairie Creek Drainage Improvement Project,
Ph 2A. Bids were opened on May 13th, and the apparent low bidder is Razz Construction.
HISTORY:
The City has completed engineering analysis and designs to eliminate flooding from
Prairie Creek in the Jensen Business Park area and in the southern portion of Arlington’s
historic “Old Town” district. Last year Phase 1 of the project was constructed and this year
we are ready to construct Phase 2A of the project.
Phase 2 A was publicly bid and the City received four bids, Razz Construction is the
apparent low bidder. Staff are reviewing the Razz Construction bid to make sure they are
a qualified contractor before recommending they be awarded the contract.
ALTERNATIVES
• Reject Bids, re-advertise the project
• Remand to staff for further evaluation
RECOMMENDED MOTION:
No action at this time – discussion/workshop only.
Engineer's Estimate Razz Constr.Award Constr.Taylor's Excav.Clearcreek Contr.
Item
Qty. Unit Unit Price Bid Price Unit Price Unit Price Unit Price
A-1 1 LS $52,300 $53,500 $32,000 $50,000 $20,000
A-2 1 LS $5,000 $1,000 $1,000 $2,000 $100
A-3 1 LS $15,000 $4,000 $18,000 $12,000 $148,000
A-4 1 LS $40,000 $30,000 $23,000 $28,000 $45,000
A-5 1 LS $220,000 $294,000 $350,000 $425,000 $480,000
A-6 1 LS $10,000 $2,000 $6,000 $4,000 $7,000
A-7 1 LS $133,000 $80,000 $150,000 $38,000 $52,000
A-8 1 LS $25,000 $50,000 $10,000 $42,000 $24,000
A-9 1 LS $25,000 $20,000 $20,000 $7,000 $15,000
$525,300 $534,500 $610,000 $608,000 $791,100
52,530
577,830
Eng Estimate Razz Constr.Award Construction Taylor's Excav.Clearcreek Contr.
Item
Qty. Unit Unit Price Bid Price Unit Price Unit Price Unit Price
B-1 1 LS 25,000 15,000 23,000 29,000 17,000
B-2 1 LS 25,000 24,000 21,000 25,000 25,000
50,000 39,000 44,000 54,000 833,100
4,400 3,432 3,872 4,752 73,313
54,400 42,432 47,872 58,752 906,413
5,000
59,400
640,000 576,932 657,872 666,752
Eng Estimate Includes 10% Contingency
With calculations rounded up
Sales Tax (8.8%)
Total Schedule B Bid Amount
Total Bid Schedules A & B Amount
Storm Drain Relocation - 204th St. NE
Sediment Removal/Stream Re-grade
(204th St. NE to 74th Ave. NE)
Traffic Control
Total Schedule A Bid Amount
Planting
Contingency (10%)
Subtotal
Bidder incorrectly calculated
Prairie Creek Drainage Improvement Project - PH2A - Bid Tab
Culvert Replacement & Restoration
LT - 5/15/2014
Subtotal
Description
Schedule B - Taxable (Utilities)
Planting Zone Preparation
Schedule A - Non Taxable
Force Main Relocation - 204th St. Ave NE
Water Main Relocation - 204th St. NE
Description
Mobilization
Contract Bond Extension
Trench Excavation Safety Systems
Fish Passable Culvert - 204th St. NE
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
C
COUNCIL MEETING DATE:
May 27, 2014
SUBJECT:
Interlocal Agreement with Jamestown Networks and Master Services Agreement with
the County of Yakima for offsite Data Backups.
ATTACHMENTS:
Draft Interlocal Agreement
Draft Master Services Contract
DEPARTMENT OF ORIGIN
Information Technology
EXPENDITURES REQUESTED: $7,500 /year
BUDGET CATEGORY: Communications – City Wide
LEGAL REVIEW:
DESCRIPTION:
Jamestown Networks, which is a part of the Jamestown S’Klallam Tribe Economic
Development Authority in conjunction with Northwest Open Access Network
(NoaNet), provides a state wide fiber optic network for government agencies. The
County of Yakima offers space in their data center for offsite backup to government
agencies. Leveraging these two services will provide off site, off region data protection
in the event of a catastrophic event to the City of Arlington.
HISTORY:
Historically, the City of Arlington has kept backup tapes and appliances off site, but not
off region. By keeping data in Eastern Washington, it eliminates the risk of localized
events having an effect on the City’s data.
ALTERNATIVES
Continue to backup data off site, but not off region.
RECOMMENDED MOTION:
No action at this time.
CONFIDENTIAL 1 5/22/2014
INTER-LOCAL AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT (the "Agreement") is made and entered into effective
the 1st day of February, 2014, between City of Arlington, a City organized in Washington State, (“CITY”), and the
Jamestown S'Klallam Tribe Economic Development Authority, a political subdivision of a Federally recognized Indian
Tribe, dba Jamestown Networks (“JNET”). CITY and JNET are sometimes referred to in this Agreement as the
"Parties."
RECITALS
A. CITY wishes to obtain services (“Services”) from JNET, as follows:
Ethernet connectivity to the Yakima County data center in Yakima, WA via a service referred to in this
Agreement as “LGN Service” (see Exhibit A – Services Statement of Work”).
B. JNET uses the network infrastructure and personnel resources of Northwest Open Access Network
(“NoaNet”), a Washington nonprofit mutual corporation, which operates a statewide fiber optic network.
JNET has, by separate agreement, secured the services and personnel of NoaNet to provision and maintain
the services provided to CITY as set forth in this Agreement.
C. JNET is willing to provide the type of service CITY requires, referenced in A., above, for the consideration as
set forth in Exhibit A.
D. CITY confirms it has received permission from Snohomish County for its traffic to pass through the fiber
leased on behalf of the County by NoaNet to the County colocation facility at 3000 Rockefeller Str eet in
Everett, Washington.
E. CITY will make all arrangements, agreements and consideration with the County to use of the existing fiber.
F. JNet, through its subcontractor NoaNet, will assign a dedicated port on the NoaNet switch at the County
facility.
AGREEMENT
Now, therefore, CITY and JNET, in consideration of the mutual benefits hereunder, agree as follows:
1. PURPOSE AND SCOPE
The purpose and scope of this Agreement is to specify the terms and conditions under which CITY and
JNET will undertake the LGN Service. The details are described in Exhibit A to this Agreement.
1.1 CITY’s Obligations:
a. CITY hereby agrees to provide JNET, and its vendor NoaNet, access to CITY’s personnel
and facilities to complete the setup of LGN Service specified in the Exhibit A, which
service may only be used for lawful purposes, for the compensation set forth in that
exhibit.
b. The CITY agrees to pay JNET for the Service, as stipulated in Exhibit A to this Agreement,
in a timely manner.
1.2 JNET's Obligations:
a. JNET, through its agreement with its vendor NoaNet, agrees to operate and maintain the
facilities (“Facilities”) and Service as set forth in the Exhibit A for the compensation set
forth in that exhibit.
CONFIDENTIAL 2 5/22/2014
b. JNET agrees to provide the Service in a responsible and business-like manner, in
exchange for the compensation stated in Exhibit A to this Agreement.
1.3 Property Ownership and Disposition. The Parties shall retain their respective ownership of all of
their properties. This Agreement does not contemplate joint ownership of property and, therefore,
does not contain provisions regarding disposition of property owned by either Party.
2. TERM; TERMINATION
The initial term (“Initial Term”) of the Agreement shall be for a period of five (5) years from and after the Effective
Date. The Effective Date shall be the date on which the Service first becomes available for use by CITY.
Either Party may terminate this Agreement at the end of the Initial Term upon written notification to the other Party of
their intent to do so at least sixty (60) days prior to the expiration of the Initial Term. Should a terminating Party not
notify the other Party of their intent to terminate the Services at least sixty (60) days prior to the expiration of the
Current Term, the Services and Agreement will continue in effect for an additional one (1) year term (“Default
Extended Term”).
Upon termination of this Agreement, all JNET involvement in the provision of the Services will terminate.
3. COMPLIANCE WITH LAWS
Each Party shall comply with all applicable laws and regulations in the exercise and performance of its rights and
obligations under this Agreement.
4. FIBER OPTIC EQUIPMENT AND FACILITIES
4.1 No Representations or Warranties. EACH PARTY MAKES NO REPRESENTATIONS,
WARRANTIES, COVENANTS OR ASSURANCES: (1) WITH RESPECT TO THE DESIGN,
CONSTRUCTION, DURABILITY, SUITABILITY OR RELIABILITY OF THE EQUIPMENT OR
FACILITIES, OR ANY PART THEREOF, WHETHER EXPRESS OR IMPLIED, AND EACH
PARTY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND
ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (2) WITH RESPECT
TO THE NATURE OR ACCURACY OF THE DESCRIPTION, LOCATION OR MEASUREMENT OF
THE EQUIPMENT OR FACILITIES, OR ANY PART THEREOF; AND (4) WITH RESPECT TO
INTERRUPTION OR CONTINUATION OF THE FACILITIES AND/OR SERVICES.
4.2 Unauthorized Access/Breach. Except as provided in this Agreement, each Party is prohibited from
accessing, directly or indirectly, the other Party's equipment or facilities, or any part thereof. Any
unauthorized access by either Party of the other Party's equipment or facilities, or any part thereof,
shall constitute a material breach of this Agreement and a default by t he unauthorized Party under
this Agreement.
4.3 Approval of Design and Interconnection Specifications. Each Party shall provide, as reasonably
requested from the other Party, information relating to the proposed design and/or installation
specifications prior to modifying or making any connection to the CITY facilities or associated
equipment or facilities.
4.4 Installation. Both Parties shall mutually agree to a work schedule during which the interconnections
for the fiber optic equipment or facilities can be made. Each Party shall timely complete all such
work within the agreed upon schedule.
4.5 Cooperation and Coordination. Each Party shall cooperate with the other concerning the timing,
method or placement of its construction, installation and testi ng activities.
5. ALTERATIONS, MAINTENANCE AND REPAIRS
CONFIDENTIAL 3 5/22/2014
5.1 Scheduling/Notice. Except as set forth in Section 6.2, each Party, at its sole cost and expense, may
schedule and perform or cause to be performed scheduled alterations, maintenance and repairs on
its own fiber optic equipment or facilities, or any part thereof, at the times and in the manner as may
be established by the owner thereof. Subject to the provisions of Section 12, the Party scheduling
work shall provide two (2) weeks prior written notice to other Party identifying the time, location,
and nature of each scheduled alteration or maintenance and repair job for performance thereof
which reasonably presents a substantial risk of damage to the other Party's property or creates a
substantial likelihood of an interruption of fiber optic equipment or facilities. If fiber optic equipment
or facilities include redundant fiber pathways, work will be scheduled to include no more than one
pathway at any given time.
Each Party shall furnish on a continuing basis the current name, title, telephone number, and
personal communications device number (including facsimile transmission number, cellular
telephone number and paging device number), if any, of any representative who shall be kept
informed of maintenance schedules. The initial contacts are as follows:
Party: JNET
Address: 1033 Old Blyn Hwy, Sequim, WA 98382
Name: Ben Neff
Title: Operations Manager
Telephone Number: 360.683.2025
Facsimile Number: 360.683.9583
Email address: bneff@jamestowntribe.org
Party: CITY
Address: 238 N. Olympic Ave
Name: Bryan Terry
Title: IT Manager
Telephone Number: 360-403-4610
Facsimile Number: 360-435-4149
Email address: bterry@arlingtonwa.gov
NoaNet (JNET Vendor): NoaNet's contact regarding maintenance and repairs of the fiber optic
equipment or facilities is NoaNet's Network Operations Center (NOC)
Phone: 509-456-3611
800 Phone: 866-662-6380
Address: 422 W. Riverside, Suite 400, Spokane, WA 99201
5.2 Maintenance, Repair, and Restoration of the Cable.
5.2.1 Maintenance of Fiber Optic Equipment or Facilities.
Reserved
5.2.2 Restoration Priorities and General Requirements.
a. Each Party's obligation to maintain and repair its own fiber optic cable and
equipment, and any activity incidental thereto, shall not unreasonably conflict
with the other Party's rightful use and operation of its facilities and equipment.
b. Timely restoration is dependent upon the timely coordination and cooperation
between both Parties. Each Party will provide the other, in writing, with its
emergency contact/call-out list as soon as practicable following the effective date
of this Agreement.
5.2.3 Restoration/Repairs of the Cable.
Reserved
CONFIDENTIAL 4 5/22/2014
6. FORCE MAJEURE
6.1 As used in this Agreement, the term "Force Majeure" means acts of nature (including but not
limited to, earthquakes, fires, floods, windstorms, landslides, and ice storms), strikes, lockouts, or
other labor disputes; acts of public enemy; acts of vandalism, wars, riots, and insurrection;
epidemics; civil disturbances; explosions; train derailments; breakdown or failure of machinery or
facilities (excluding the cable and cable accessories); accidents to machinery or equipment
(excluding the cable and cable accessories), and delay in delivery of equipment, to the extent such
occurrences are beyond the reasonable control of the Parties and any other event, cause, or
condition beyond a Party's reasonable control, which, by the exercise of reasonable diligence,
prevents the Party claiming Force Majeure from performing its obligations under this Agreement.
6.2 If either Party is unable to carry out its obligations under this Agreement as a result of an event,
cause, or condition of Force Majeure, the Party claiming Force Majeure shall give notice and full
particulars of such Force Majeure in writing to the other Party within five (5) calendar days of the
beginning of the occurrence of the Force Majeure event, cause, or condition. Any obligations that
such Party is unable to perform due to an event, cause, or condition of Force Majeure shall be
suspended during the continuance of such event of Force Majeure. The Party claiming Fo rce
Majeure shall use reasonable efforts to remedy and minimize the effects of such event of Force
Majeure with all reasonable dispatch.
6.3 Neither Party shall be liable, or be considered to be in material breach or default under this
Agreement, on account of any delay in or failure of performance due to Force Majeure unless
specifically stated in this Agreement.
6.4 If Force Majeure prevents restoration within one (1) year from the event of such Force Majeure,
then either Party shall have the option to terminate this Agreement.
6.5 The obligations set forth in this section are expressly subject to the limitation of liability provisions
contained in Section 12.
7. INSURANCE
7.1 Liability Insurance. Each Party shall, at its own expense, carry and maintain the following liability
insurance coverage throughout the term of the Agreement:
7.1.1 General Liability Insurance: In the amounts of at least $1,000,000.00 per
occurrence/$2,000,000.00 aggregate.
7.1.2 Each Party shall identify the other as an additional insured under the general liability
insurance required under this Agreement. It is the sole responsibility of each Party to
provide updated insurance information, in a timely manner, including any notices of
cancellation or reduction in limits of insurance. Each Party will require that its insurer
provide at least thirty (30) days notice to the other Party regarding any changes in
insurance coverage required by this Agreement.
7.2 Property Insurance. Each Party shall carry and maintain property insurance in a form that will
provide all risk coverage for the fiber optic equipment or facilities upon or within the other Party’s
property.
7.3 Insurance Shall Not Limit Liability. Subject to the limitation of liability provisions set forth in Section
12, the insurance coverage and benefits required herein shall not be deemed to limit liability to
either Party or any third party. In the event the minimum insurance limits specified in this
Agreement are less than the maximum amount of insurance in effect at the time of claim or loss
which arises from or is connected to the Agreement, each Party affirmatively agrees that all
insurance limits available to it will be extended to the other Party as additional insured.
CONFIDENTIAL 5 5/22/2014
8. INDEMNITY, HOLD HARMLESS AND DUTY TO DEFEND
Subject to the limitation of liability provisions set forth in Section 12, each Party shall, at its sole expense, indemnify,
defend, save, and hold harmless the other Party, its officers, directors, agents, members, and employees from al l
actual or potential claims or losses, including costs and attorneys' fees at trial and on appeal, and damages or claims
for damages to property or persons, suffered by anyone whomsoever to the extent caused by any negligent or willful
act of or omission of the indemnifying Party or its subcontractors, excluding damages caused by the negligence of the
indemnified Party, its officers, directors, agents, or employees.
This indemnification includes, without limitation, any liability for injury to the person or property of either Party, its
agents, officers, employees or invitees. Both Parties specifically waive any immunity provided by Title 51 RCW,
Washington's Industrial Insurance Act. The provisions of this section shall survive the expiration or terminat ion of this
Agreement.
9. ASSIGNMENT
This Agreement cannot be assigned, transferred or any portion subcontracted by either Party hereto without the prior
written consent of the other Party, which shall not unreasonably be withheld.
10. WAIVER
The consent by CITY or JNET to any act by the other shall not be deemed to imply consent or to constitute the waiver
of a breach of any provision hereof or continuing waiver of any subsequent breach of the same or any other
provision, nor shall any custom or practice which may arise between the Parties in the administration of any part of
the provisions hereof be construed to waive or lessen the right of a Party to insist upon the performance by the other
Party in strict accordance with the provisions hereof.
11. DEFAULT AND REMEDIES FOR DEFAULT
11.1 Breach. This Agreement may be terminated upon the occurrence of a material breach and default
under this Agreement. If the Party in breach fails to cure the breach within thirty (30) days or such
longer period of time as is provided below, after receipt of notice thereof from the non -breaching
Party, or, when the cure reasonably requires more than thirty (30) days, the breaching Party fails to
commence the cure within such thirty (30) days and thereafter diligently and continuously
prosecutes such cure to completion, such action or inaction shall constitute a material breach and
default under this Agreement.
11.2 Remedies Not Exclusive. In the event of a material breach and default under this Agreement,
termination is not the exclusive remedy. Any and all other remedies available of law or equity are
expressly preserved.
12. LIMITATION OF LIABILITY
12.1 THE PARTIES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
LIQUIDATED, OR SPECIAL DAMAGES OR LOST REVENUE OR LOST PROFITS ARISING OUT
OF THIS AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF ANY
PROVISION OF THIS AGREEMENT.
12.2 SUBJECT TO SECTION 12.1, EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR ANY AND
ALL CLAIMS OR DEMANDS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL
NOT EXCEED THE TOTAL AMOUNT PAID BY THE OTHER PARTY PURSUANT TO THIS
AGREEMENT.
13. NOTICE
Except as may otherwise be provided herein, any notices, except service of process and notice of emergency which
may be given personally, telephonically, by e-mail or facsimile, shall be effective if personally served upon the other
Party or if mailed by registered or certified mail, return receipt requested, to the following addresses:
CONFIDENTIAL 6 5/22/2014
For CITY, c/o Bryan Terry, IT Manager, 238 N. Olympic Ave, Arlington WA 98223;
For JNET, c/o Douglas Sellon, Executive Director, 1033 Old Blyn Hwy, Sequim, WA 98382.
Notices mailed shall be deemed given on the date of mailing. The Parties shall notify each other in writing of any
change of address.
14. BREACH OF AGREEMENT; REMEDIES; DISPUTE RESOLUTION
If either Party fails to comply with the terms and conditions of this Agreement, the other Party may pursue such
remedies as are legally available, including, but not limited to, the immediate termination of this Agreement. In the
event that a dispute arises under this Agreement, it shall be resolved as follows: Each Party shall appoint a member
to a disputes board and be responsible for the costs of that appointee. These two members shall then select a third
member not affiliated with CITY or JNET. The three-member board shall conduct a dispute resolution hearing that
shall be informal and unrecorded. An attempt at such dispute resolution in compliance with the aforesaid process is a
prerequisite to filing of any litigation concerning the dispute. The Parties shall share equally in the cost of the third
member of the disputes board.
15. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Washington.
16. ATTORNEYS' FEES AND COSTS
In the event of litigation regarding any of the terms of this Agreement, the substantially prevailing Party shall be
entitled, in addition to other relief, to such reasonable attorneys' fees and costs as determined by the court.
17. MUTUAL NEGOTIATION AND CONSTRUCTION
17.1 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof
are deemed to have been explicitly negotiated between, and mutually drafted by, the Parties, and
the language in all parts of this Agreement shall, in all cases, be construed according to its fair
meaning and not strictly for or against either Party.
17.2 Headings. The captions and section headings hereof are inserted for convenience purposes only
and shall not be deemed to limit or expand the meaning of any section.
18. ENTIRE AGREEMENT; AMENDMENTS
This Agreement contains the entire agreement between the Parties with respect to the subjec t matter hereof and
supersedes all prior agreements or understandings among the Parties with respect thereto. This Agreement may be
amended only by an agreement in writing signed by the Parties.
19. SEVERABILITY
Should any part, term or provision of this Agreement be determined to be invalid, the remainder of this Agreement
shall not be affected, and the same shall continue in full force and effect.
20. NO THIRD PARTY RIGHTS
This Agreement shall not be construed to create rights in or grant remedies to any third Party as a beneficiary of this
Agreement.
21. TAXES
Each Party shall be responsible for its own federal, state and local taxes, assessments, fees, surcharges and other
financial impositions.
22. COMPLIANCE WITH LAWS
Each Party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and
Federal laws and regulations that apply to it.
CONFIDENTIAL 7 5/22/2014
23. RELATIONSHIP OF THE PARTIES
This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between
the Parties, or to impose any partnership obligations or liability upon either Party. No agent, employee or
representative of CITY shall be deemed to be an agent, employee, or representative of JNET for any purpose. No
agent, employee or representative for JNET shall be deemed to be an agent, employee or representative of CITY for
any purpose.
24. CONFIDENTIALITY
Each Party shall treat all information made available or disclosed to, or developed or obtained by, it as the result of or
related to this Agreement ("Confidential Information") as confidential, and shall not disclose or use Confidential
Information for the benefit of any person other than the disclosing Party; provided however, that the Party receiving
the Confidential Information shall have no obligation with respect to that portion of Confidential Information which is
disclosed by the disclosing Party to others without any restriction on use or disclosure, or which must be disclosed to
others under law. If the receiving Party receives a request for Confidential Information from a third party, the receiving
Party shall promptly notify the disclosing Party in writing of such request, and if the receiving Party in good faith
believes it is obligated to disclose the requested Confidential Information, the disclosing Party shall be given the
opportunity to seek judicial or other protection of such Confidential Information, at i ts own expense, with the
cooperation of the receiving Party.
25. SURVIVABILITY
All provisions of this Agreement regarding indemnification, representations, warranties, confidentiality, and any other
provisions that by their nature are intended to survive termination of this Agreement shall survive after its termination
or expiration, including exhibits.
26. CONTRACT ADMINISTRATORS FOR RESPECTIVE PARTIES
The initial contract administrators of the respective Parties to this Agreement shall be as follows:
For JNET, its Executive Director, or their designated representative; and
For CITY, its Mayor, or their designated representative.
27. AUTHORIZATION
Each Party hereby represents and warrants to the other that it is duly authorized to enter into and carry out the terms
of this Agreement.
28. COUNTERPARTS
This Agreement may be executed in counterparts, which together shall constitute a single agreement.
29. LIMITED WAIVER OF SOVEREIGN IMMUNITY
The parties respectively waive, relative to the enforcement of this Agreement only, by them against each other, any
claims they may have to sovereign immunity.
CONFIDENTIAL 8 5/22/2014
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first
written above.
For: CITY OF ARLINGTON For: Jamestown Networks
By: ______________________________ By: ______________________________
Barbara Tolbert, Mayor Douglas Sellon, Executive Director
List of Exhibits Attached:
Exhibit A - Services Statement of Work
CONFIDENTIAL 9 5/22/2014
EXHIBIT A
Service Order Summary
Service Description Monthly Recurring Charge (MRC) Term
Form last revised 19 Aug 2004 -1-
MASTER SERVICES AGREEMENT
Yakima County Technology Services - Secure Data Center
THIS MASTER SERVICES AGREEMENT (the “Agreement”) is made on the Effective Date below by and
between the parties written below (hereinafter collectively referred to as the “Pa rties” or individually as the “Party).
YAKIMA COUNTY TECHNOLOGY SERVICES -
“Host”)
CITY OF ARLINGTON
(“Entity”)
Effective Date July 1, 2014
Type(s) of Service
Total Contract
Amount
Table of Contents
Form last revised 19 Aug 2004 -2-
AGREEMENT
WHEREAS, Entity (i.e., corporation, not-profit or government agency) desires to have Host provide services as
set forth in the Statement of Work (“SOW”) set forth in Exhibit A attached to and under the terms and conditions of
this Agreement (the “Services”); and,
WHEREAS, Host agrees to provide Services to Entity within its Secure Data Center facility (hereinafter “SDC,”
“Site” or “Facility”).
NOW, THEREFORE, for the mutual consideration set forth herein, the adequacy of which is hereby
acknowledged, Entity and Host, intending to be legally bound, hereby agree as follows:
1. SERVICES. Host shall provide all required Services, including services commercially reasonably required
to support the Services, as set forth in Exhibit A and in accordance with this Agreement and all Exhibits,
Schedules and Attachments thereof.
2. COMPENSATION. Entity agrees to pay Host for the Services in accordance with this Agreement and all
Exhibits, Schedules and Attachments thereof and the following terms and conditions:
(a) Payments. Initial payment for Services shall be due on the first day of the month immediately
following the Effective Date of this Agreement. Unless otherwise stated in this Agreement, Entity shall make
payments to Host on a monthly basis until the Agreement or applicable Statement of Work is ter minated or
expires. Final payment shall be due no later than 30 days after termination or expiry of this Agreement or the
applicable Statement of Work. Entity may pro rate its payments for partial months, subject to the prior review and
approval of Host. Upon receipt of a notice of termination, Host shall inform Entity of the extent to which
performance of services form the purpose of establishing any final amounts due, if any.
(b) Remittance. Payment for any charges is due upon the date of the invoice or the first day of each
month as applicable. All payments must be in U.S. Dollars. Any charge that is not paid within thirty (30) days from
the date of the invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law.
Entity shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event
of a default for nonpayment of any amounts due Host. Entity shall remit all payments to: “Yakima County
Technology Services”. Entity shall make payment by Entity check, mailed to Yakima County, 128 North 2nd Street,
Yakima, WA, 98901, to the attention of Yakima County Technology Services.
(c) Transition; Refunds. Upon expiry or termination of this agreement and subject to prior approval
of Host, Entity may be eligible for a refund in part or in whole for the final month of the Agreement based on
difference in any amount paid in advance by Entity and the pro rated amount applied to the Services provided.
However, Entity will not be eligible to receive a refund for any of the following: (i) setup fees or any fees other than
the monthly or yearly recurring hosting fees; (ii) fees resulting from extra services or "add -ons" not classified as
monthly or yearly recurring fees; (iii) late cancellation; (iv) slow connection caused by Entity's network or Entity’s
network service provider, (v) problems in Services caused by Entity's ignorance; (vi) InterNIC delays; (vii)
termination for any of the causes set forth in Section 3(c); or (viii) any other reason not provided for in this Section
2(c). In addition, Entity is obligated to pay Host for any non-recurring costs incurred by Host, including but not
limited to set-up or take down of Entity’s equipment, and Host reserves the right to offset any refunds aga inst any
such costs not yet paid by Entity.
3. TERM AND TERMINATION.
(a) Term. This Agreement shall commence on the Effective Date and shall continue for a period of
no less than one (1) year, unless sooner terminated as provided herein, and will au tomatically continue on a
month to month basis thereafter unless either Party provides fifteen (15) calendar days written notice of its intent
to terminate or cancel. The term of any right or license or proprietary rights granted to Entity under this Agree ment
shall run concurrently with this Agreement or be for the full term of such proprietary rights. Either Party may
terminate this Agreement without cause upon fifteen (15) calendar days written notice.
Form last revised 19 Aug 2004 -3-
(b) Termination for Convenience. Host may terminate this Agreement at its sole discretion or any
or all services hereunder, or any portion thereof, upon fifteen (15) calendar days’ written notice to Entity.
(c) Termination for Breach. Either Party may terminate this Agreement upon fifteen (15) calenda r
days’ notice to the other Party in the event of a breach of any material provision of this Agreement by the other
Party, provided that, during the fifteen-day period, the breaching Party fails to cure such breach or, should the
breach not be curable within said fifteen-day period, the breaching Party has not initiated steps to cure such
breach. In addition, Host may immediately terminate this Agreement for any of the following causes without
possibility of cure, and in such case Host reserves the right to immediately terminate Entity’s account and
suspend or cancel Services, and for such suspension or cancellation Entity shall not be eligible to receive a
refund and may be subject to additional charges: (i) failure on the part of Entity to make payment in accordance
with Section 3 of this Agreement for a period of fifteen (15) calendar days after payment is due; (ii) interference
with the operation or security of Host’s facility or equipment or another Entity’s equipment or software; (iii)
malicious or negligent acts on the part of the Entity, its employees, agents or subcontractors, which cause harm to
Host or another Entity; (iv) any violations of security, confidentiality or proprietary rights of the Host or another
Entity on the part of the Entity, its employees, agents or subcontractors; (v) any violation of Host’s Terms of Use,
a copy of which is set forth herein under Exhibit F; the a cceptance of which constitutes an acceptance of any
fines, penalties or service charges that might arise out of violat ion of these policies; (vi) commencement of any
lawsuit or proceeding against Entity arising from or relating to its use of the Services, whether or not such suit
names Host as a party or seeks any recovery from Host; (vi) Entity becoming insolvent or fili ng for bankruptcy
protection; or (vii) assignment of this Agreement by Entity to any other entity without the prior approval of the
Host, including assignment to an agent for the purpose of receivership.
(d) Transition; Removal of Equipment. Entity or its designated agent or subcontractor shall take
down and remove from Hosts premises all of its equipment and hardware, including resident software, within one
(1) calendar week of the effective date of termination or expiry of this Agreement. Should Entity fail to remove
such equipment and hardware within this one-week period, Host may at its discretion forfeit any refunds due to
Entity. If equipment or hardware has not been removed from Host’s premises within one (1) calendar month of the
effective date of termination or expiry of this Agreement, the equipment or hardware shall be considered
abandoned and Host may at its discretion take possession of it for disposition, sale and/or disposal.
4. PROPRIETARY INFORMATION. It is understood that either Party may use its own previously developed
data, documentation, software, ideas, concepts, materials, or information, in whatever form, in performing its
services hereunder (collectively referred to as “Preexisting Works”). Insofar as such Preexisting Works were not
first produced or created solely and exclusively for performance of work or the rendition of Services under this
Agreement, but are necessary or useful for, or are used in connection with the Services, any and all right, title,
and interest in Preexisting Works shall remain the sole and exclusive property of the Party who created such
works. The Parties mutually grant a nonexclusive license to use each other’s Preexisting Works when used solely
and exclusively in combination with the Services. Neither Party shall have any other rights, whatsoever, with
respect to use of the other Party’s Preexisting Works.
(a) It is understood that in performing its services, Host may have occasion to develop new and
unique work products for use in conjunction with t he Services. The Parties agree that all such work products shall
be considered “Works Made for Hire” as defined under the U.S. Copyright Laws, and Host shall be deemed the
sole and exclusive owner of all right, title, and interest therein, including all co pyright and proprietary rights
relating thereto. All such work performed by Host and any supporting documentation therefor and, as such, shall
be owned by and for the benefit of the Host. For the purpose of this Agreement “Work Product(s)” shall mean all
data, documentation, software, ideas, concepts, materials, and information, in whatever form, first produced or
created by or for Host, which relate solely and exclusively to the performance of Services under this Agreement
(hereinafter “Work Product(s)”).
(b) As necessary for performance of the Services, Host will and hereby does assign to Entity for no
additional consideration, all right, title, and interest that it may possess in Work Products including, but not limited
to, all Host and proprietary rights relating thereto. Upon request, Host will take such steps as are reasonably
necessary to enable Entity to record such assignment.
Form last revised 19 Aug 2004 -4-
5. CONFIDENTIALITY.
The terms and conditions set forth in the Non-disclosure Agreement between the Parties included in this
Agreement under Exhibit C shall apply to this Agreement and are incorporated in this section by this reference.
6. REPRESENTATIONS AND WARRANTIES.
(a) By Host:
(i) Host has full rights to enter into and perform according to the terms of th is Agreement,
and that such performance will not violate any agreement or obligation between Host and any third party. Entity
understands that Host is currently providing one or more clients with similar Services. Provided that those
Services do not interfere or conflict with Host’s obligations under this Agreement, provision of those Services shall
not constitute a violation of this provision of the Agreement. Host reserves the right to restrict access to Host’s
facility in its own discretion.
(ii) Host has and will have full and sufficient right to assign or grant the rights and/or licenses
granted in support of Services this Agreement, and such grant(s) do not and will not infringe any patents,
copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, or similar rights of
any person or entity, nor has any claim (whether or not embodied in an action, past or present) of such
infringement been threatened or asserted, nor is such a claim pending against Host or, inso far as Host is aware,
against any entity from which Host has obtained such rights.
(iii) Host Services (A) shall be provided in a workmanlike manner and with professional
diligence and skill; (B) all website-related Services will function under standard HTML conventions; (C) all
Services will conform to the specifications and functions set forth in this Agreement; and (D) Host will perform all
work called for by this Agreement. This warranty shall extend only for the life of this Agreement. This warranty
does not cover failures in Entity-provided equipment or software, Entity’s website, Entity’s website links that
change over time, Entity’s webpages that become obsolete over time, Entity’s content that becomes outdated
over time, or other changes that do not result from any error on the part of Host.
(iv) Host will take every step to ensure that the Facility and Services are available to users on
demand. Notwithstanding same, Host is not liable for loss of internet service, internet access, or data for any
reason including, but not limited to, any unforeseen or preventable failure related to changes in the internet
infrastructure or traffic capabilities, failure or breakdown of the internet, the World Wide Web, any related
telecommunications equipment or systems, or any computer hardware or software.
(v) Host shall comply with all terms relating to Confidential Information and Entity
understands that Host may, if compelled by superceding law, disclose information to a governmental agency upon
request by that agency. In such case Host shall not be liable for any violation of the Mutual Non -disclosure
Agreement between the Parties, Sections 4 or 5 of this Agreement, or any other applicable terms and conditions
of this Agreement.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, HOST MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES PROVIDED, AND HOST SPECIFICALLY DISCLAIMS
ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PART ICULAR PURPOSE. THIS INCLUDES LOSS OF DATA,
WHETHER RESULTING FROM HARDWARE FAILURES, DELAYS ON DELIVERIES, WRONG DELIVERY, ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY HOST AND ITS EMPLOYEES, SECURITY VIOLATIONS
AND ANY OTHER CAUSE.
(b) By Entity:
(i) Entity has full rights to enter into and perform according to the terms of this Agreement,
Form last revised 19 Aug 2004 -5-
and that such performance will not violate any agreement or obligation between Entity and any third party.
(ii) Entity will, at all times relevant to this Agreement, keep any and all license agreements
with third parties relevant to the Services in force and in good standing;
(iii) Entity is the legal owner or Lessor of all equipment and hardware to be housed at Host’s
facility under this Agreement.
(iv) Entity is solely responsible for maintaining its equipment and software. Entity shall
maintain all software virus-free and to the extent possible shall incorporate all defenses, shields, programs or
other means to ensure that software remains virus-free during performance of Services.
(v) Entity and all of Entity’s data complies with all rules, requirements, obligations, laws,
statutes, international conventions on use of data, and the terms and conditions of this Agreement.
(vi) Entity and all employees, agents, and contractors of Entity shall comply with the Privacy
Policy (Exhibit E), Terms of Use (Exhibit F) and any Facilities Use Policies which may be published by the SDC
from time to time.
(vii) Entity will not permit the use or sublicense of any of Entity’s services or rights under this
Agreement.
ENTITY ACKNOWLEDGES THAT IT HAS READ AND FULLY UNDERSTANDS THE REPRESENTATIONS AND
WARRANTIES SET FORTH IN THIS SECTION 6(b).
7. INDEMNIFICATION, INSURANCE AND PROTECTION OF PROPERTY.
(a) Indemnification by Entity. Entity shall indemnify and hold harmless Yakima County, its
directors, officers, employees and agents from and against all actions, causes of action, liabilities, claims, suits,
judgments, liens, awards and damages of any kind and nature whatsoe ver for losses due to the Services,
damages due to software viruses or service interruptions due to malicious acts, property damage, personal injury
or death (including without limitation injury to or death of employees of Entity or any subcontractor there of) and
expenses, costs of litigation and counsel fees related thereto or incident to establishing the right to
indemnification, arising out of or in any way related to the Services, the performance thereof by Entity or any
subcontractor thereof or other third parties, including, without limitation, the provision of Services, personnel,
facilities, equipment, support, supervision or review. The foregoing indemnity shall apply only to the extent of the
negligence of Entity, any subcontractor thereof, or their respective employees. In no event shall Entity’s
obligations hereunder be limited to the extent of any insurance available to or provided by Entity or any
subcontractor thereof. Entity expressly waives any immunity under industrial insurance, whether ari sing out of
statute or source, to the extent of the indemnity set forth in this paragraph (a).
(b) Insurance. Entity shall comply with the Additional Terms Regarding Insurance for Work set forth
in Exhibit D.
(c) Duty to Protect Property. At all times Entity shall, and ensure that any subcontractor thereof
shall, use suitable precautions to prevent damage to Host's or other parties’ property. If any such property is
damaged by the fault or negligence of Entity or any subcontractor thereof, Entity shall, a t no cost to Host,
promptly and equitably reimburse Host or the other party for such damage or repair or otherwise make good such
property to Host’s or the other party’s satisfaction. If Entity fails to repair or otherwise make good such property,
Host or other party may do so and recover from Entity the cost thereof.
8. TAXES.
Entity shall be responsible for payment of all sales and use taxes applicable under this Agreement.
Form last revised 19 Aug 2004 -6-
9. OTHER TERMS AND CONDITIONS.
(a) Force Majeure. Neither Party will be liable for, or will be considered to be in breach of or default
under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of
any causes or conditions that are beyond such Party’s reasonable control and th at such Party is unable to
overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the
affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to
minimize the impact of the event.
(b) Relationship of the Parties. Host, in rendering performance under this Agreement, shall be
deemed an independent contractor and nothing contained herein shall constitute this arrangement to be
employment, agency, a joint venture, or a partnership.
(c) Notices. Any notice required to be given under this Agreement shall be in writing and delivered
personally to the other designated Party at the above stated address or mailed by certified, registered or Express
mail, return receipt requested or by Federal Express. Either Party may change the address to which notice or
payment is to be sent by written notice to the other Party.
(d) Governing Law; Venue; Attorney’s Fees. This Agreement shall be governed in accordance
with the laws of the State of Washington and Entity agrees that any disputes under this Agreement shall be
resolved by litigation in the U.S. Federal District Court for the Eastern District of Washington, sitting in Spokane,
Washington, unless no federal jurisdiction exists, which in such event litigation shall be brought in the State
Superior Court in Yakima, Washington. Entity agrees to accept service of process by mail, and hereby waive any
jurisdictional or venue defenses otherwise available to it. In any action to enforce any right or remedy under this
Agreement or to interpret any provision of this Agreement, the prevailing Party will be entitled to recover its costs,
including reasonable attorneys' fees.
(e) Binding Agreement. The provisions of the Agreement shall be binding upon and shall inure to
the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
(f) Assignment. Neither Party may assign this Agreement nor the rights and obligations thereunder
to any third party without the prior express written approval of the other Party, which shall not be unreasonably
withheld.
(g) Waiver. No waiver by either Party of any default shall be deemed as a waiver of prior or
subsequent default of the same of other provisions of this Agreement.
(h) Severability. If a court of competent jurisdiction hereof holds any term, clause or provision invalid
or unenforceable, such invalidity shall not affect the validity or operation of any other term, clause or provision and
such invalid term, clause or provision shall be deemed to be severed from the Agreement.
(i) Special Provisions. Certain Special Provisions are included in this Agreement under Exhibit A,
Attachment 1, and are incorporated herein by this reference and made a part hereof.
(j) Precedence. Should there be a conflict between the terms and conditions of any Special
Provision, Exhibit, SOW, Attachment or Schedule and the terms and conditions of this Agreement, the terms and
conditions of this Agreement shall take precedence.
(k) Entire Agreement. This Agreement constitutes the entire understanding of the Parties, and
revokes and supersedes all prior agreements between the Parties whether verbal or in writing and is intended as
a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties
hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other
documents that may conflict with this Agreement.
Form last revised 19 Aug 2004 -7-
IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, have each caused to be
affixed hereto by their hand their signatures on the Effective Date written below.
YAKIMA COUNTY TECHNOLOGY SERVICES ENTITY: City of ARLINGTON
By: _________________________________ by: _____________________________________
Title: Director, Technology Services Title: Mayor
03-27-04
Page 1 at Exhibit A
EXHIBIT A, A-1 and/or A-2
STATEMENT OF WORK
The City of ARLINGTON will place hardware listed in Exhibit B, into the Yakima County
SDC, Secure Data Center. The network connection to this equipment will be over the LGN,
Local Government Network.
The City of ARLINGTON will install the equipment and provide the necessary monitoring of
their computer hardware.
Yakima County to provide:
- Security
o Card key access
o Multiple cameras in the data center
o Electronic notification to on call staff when the data center is accessed
- Rack space will be provided as needed
- Replacement of drives in City of ARLINGTON equipment as needed using City of
ARLINGTON provided drives (see Fee Schedule for rates)
- The data center is designed to keep the temperature within 58 to 75 degrees and humidity
within 35 to 50% . The system will notify on call Staff when the environment is outside
of those ranges.
- Tier 2 data center which includes
o Liebert Npower 130kVA Uninterruptible Power Supply
o Auxiliary power services provided via a Caterpillar® 450 KW diesel generator
with 7 days of autonomous runtime before requiring refueling
Page 1 at Schedule 1
SCHEDULE 1 TO EXHIBIT A
FEE SCHEDULE
Description # U per U extension
Dell Powervault MD1200 2 $25 $50
Dell Powervault DL 2 $25 $50
SonicWall TZ215 1 $25 $25
Cost per month $125
Support is available from Yakima County technical staff at the rate per hour of:
Rate Time of Day
$ 85 Normal business hours, Monday – Friday, 8am – 5pm
$150 Outside of normal business hours, including holidays
Page 1 at Attachment 1
ATTACHMENT 1 TO EXHIBIT A
SPECIAL PROVISIONS
NONE
Page 2 at Exhibit B
EXHIBIT B
LIST OF EQUIPMENT AND SOFTWARE
(To Be Provided by Entity and Approved by Host)
Quantity 1, Dell Powervault MD1200, dual power supply, 2U
Quantity 1, Dell Powervault DL, dual power supply, 2U
Quantity 1, SonicWall TZ215 Network Security Appliance, 1U
Form last revised 19 Aug 2004 Page 1 at Exhibit C
EXHIBIT C
MUTUAL NON-DISCLOSURE AGREEMENT
This Mutual Non-Disclosure Agreement (the "Agreement") is made and entered into as of the
later of the two signature dates below by and between YAKIMA COUNTY TECHNOLOGY
SERVICES, a Washington State governmental entity (“Yakima”), and City of ARLINGTON, a
Washington State governmental entity ("Entity").
IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED IN THIS
AGREEMENT AND THE MUTUAL DISCLOSURE OF CONFIDENTIAL INFORMATION, THE
PARTIES HERETO AGREE AS FOLLOWS:
A. Definition of Confidential Information and Exclusions.
(1) "Confidential Information" means nonpublic information that a Party to this Agreement
(“Disclosing Party”) designates as being confidential to the Party that receives such information
(“Receiving Party”) or which, under the circumstances surrounding disclosure ought to be treated
as confidential by the Receiving Party. "Confidential Information" includes, without limitation,
information in tangible or intangible form relating to and/or including released or unreleased
Disclosing Party software or hardware products, the marketing or promotion of any Disclosing
Party product, Disclosing Party's business policies or practices, and information received from
others that Disclosing Party is obligated to treat as confidential. Except as otherwise in dicated in
this Agreement, the term “Disclosing Party” also includes all Affiliates of the Disclosing Party and,
except as otherwise indicated, the term “Receiving Party” also includes all Affiliates of the
Receiving Party. An “Affiliate” means any person, partnership, joint venture, corporation or other
form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or
indirectly, control, are controlled by, or are under common control with a party. Prior to the time
that any Confidential Information is shared with an Affiliate who has not signed this Agreement,
the Receiving Party that executed this Agreement below (the “Undersigned Receiving Party”)
shall have entered into an appropriate written agreement with that Affiliate sufficient to enable the
Disclosing Party and/or the Undersigned Receiving Party to enforce all of the provisions of this
Agreement against such Affiliate.
(2) Confidential Information shall not include any information, however designated, that:
(a) is or subsequently becomes publicly available without Receiving Party's breach of any
obligation owed Disclosing Party; (b) became known to Receiving Party prior to Disclosing Party’s
disclosure of such information to Receiving Party pursuant to the t erms of this Agreement;
(c) became known to Receiving Party from a source other than Disclosing Party other than by the
breach of an obligation of confidentiality owed to Disclosing Party; or (d) is independently
developed by Receiving Party.
B. Obligations Regarding Confidential Information
(1) Receiving Party shall:
(a) Refrain from disclosing any Confidential Information of the Disclosing Party to
third parties for five (5) years following the date that Disclosing Party first discloses such
Confidential Information to Receiving Party, except as expressly provided in Sections B(2) and
B(3) of this Agreement;
(b) Take reasonable security precautions, at least as great as the precautions it takes
to protect its own confidential information, but no less than reasonable care, to keep confidential
the Confidential Information of the Disclosing Party;
Form last revised 19 Aug 2004 Page 2 at Exhibit C
(c) Refrain from disclosing, reproducing, summarizing and/or distributing
Confidential Information of the Disclosing Party except in pursuance of Receiving Party's
business relationship with Disclosing Party, and only as otherwise provided hereunder; and
(d) Refrain from reverse engineering, decompiling or disassembling any software
code and/or pre-release hardware devices disclosed by Disclosing Party to Receiving Party under
the terms of this Agreement, except as expressly permitted by applicable law.
(2) Receiving Party may disclose Confidential Information of Disclosing Party in
accordance with a judicial or other governmental order, provided that Receiving Party either (a)
gives the undersigned Disclosing Party reasonable notice prior to such disclosure to allow
Disclosing Party a reasonable opportunity to seek a protective order or equivalent, or (b) obtains
written assurance from the applicable judicial or governmental entity that it will afford the
Confidential Information the highest level of protection afforded under applicable law or
regulation. Notwithstanding the foregoing, the Receiving Party shall not disclose any computer
source code that contains Confidential Information of the Disclosing Party in accordance with a
judicial or other governmental order unless it complies with the requirement set forth in sub -
section (a) of this Section B(2).
(3) The undersigned Receiving Party may disclose Confidential Information only to
Receiving Party's employees and consultants on a need-to-know basis. The undersigned
Receiving Party will have executed or shall execute appropriate written agreements with its
employees and consultants sufficient to enable Receiving Party to enforce all the provisions of
this Agreement.
(4) Receiving Party shall notify the undersigned Disclosing Party immediately upon
discovery of any unauthorized use or disclosure of Confidential Information or any other breach of
this Agreement by Receiving Party and its employees and consultants, and will cooperate with
Disclosing Party in every reasonable way to help Disclosing Party regain possession of the
Confidential Information and prevent its further unauthorized use or disclosure.
(5) Receiving Party shall, at Disclosing Party’s request, return all originals, copies,
reproductions and summaries of Confidential Information and all other tangible materials and
devices provided to the Receiving Party as Confidential Information, or at Disclosing Party's
option, certify destruction of the same.
C. Remedies
The parties acknowledge that monetary damages may not be a sufficient remedy for
unauthorized disclosure of Confidential Information and that Disclosing Party shall be en titled,
without waiving any other rights or remedies, to such injunctive or equitable relief as may be
deemed proper by a court of competent jurisdiction.
D. Other Terms & Conditions
(1) All Confidential Information is and shall remain the property of D isclosing Party. By
disclosing Confidential Information to Receiving Party, Disclosing Party does not grant any
express or implied right to Receiving Party to or under any patents, copyrights, trademarks, or
trade secret information except as otherwise provided herein. Disclosing Party reserves without
prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade
secrets except as otherwise provided herein.
(2) In the event that the Disclosing Party provides any computer software and/or
Form last revised 19 Aug 2004 Page 3 at Exhibit C
hardware to the Receiving Party as Confidential Information under the terms of this Agreement,
such computer software and/or hardware may only be used by the Receiving Party for evaluation
and providing Feedback (as defined in Section 5 of this Agreement) to the Disclosing Party.
Unless otherwise agreed by the Disclosing Party and the Receiving Party, all such computer
software and/or hardware is provided “AS IS” without warranty of any kind, and Receiving Party
agrees that neither Disclosing Party nor its suppliers shall be liable for any damages whatsoever
arising from or relating to Receiving Party’s use of or inability to use such software and/or
hardware.
(3) The parties agree to comply with all applicable international and nat ional laws that
apply to (a) any Confidential Information, or (b) any product (or any part thereof), process or
service that is the direct product of the Confidential Information, including the U.S. Export
Administration Regulations, as well as end-user, end-use and destination restrictions issued by
U.S. and other governments.
(4) The terms of confidentiality under this Agreement shall not be construed to limit either
the Disclosing Party or the Receiving Party’s right to independently develop or acquir e products
without use of the other party's Confidential Information. Further, the Receiving Party shall be
free to use for any purpose the residuals resulting from access to or work with the Confidential
Information of the Disclosing Party, provided that the Receiving Party shall not disclose the
Confidential Information except as expressly permitted pursuant to the terms of this Agreement.
The term "residuals" means information in intangible form, which is retained in memory by
persons who have had access to the Confidential Information, including ideas, concepts, know-
how or techniques contained therein. The Receiving Party shall not have any obligation to limit or
restrict the assignment of such persons or to pay royalties for any work resulting from t he use of
residuals. However, this sub-paragraph shall not be deemed to grant to the Receiving Party a
license under the Disclosing Party’s copyrights or patents.
(5) This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof. It shall not be modified except by a written agreement dated
subsequent to the date of this Agreement and signed by both parties. None of the provisions of
this Agreement shall be deemed to have been waived by any act or acquiesc ence on the part of
Disclosing Party, the Receiving Party, their agents, or employees, but only by an instrument in
writing signed by an authorized employee of Disclosing Party and the Receiving Party. No waiver
of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the
same provision on another occasion.
(6) If either Disclosing Party or the Receiving Party employs attorneys to enforce any
rights arising out of or relating to this Agreement, the prevailing party sha ll be entitled to recover
reasonable attorneys' fees and costs. This Agreement shall be construed and controlled by the
laws of the State of Washington, and the parties further consent to exclusive jurisdiction and
venue in the U.S. Federal Court for the Eastern District of Washington, sitting in Spokane,
Washington, unless no federal subject matter jurisdiction exists, in which case the parties consent
to the exclusive jurisdiction and venue in the Superior Court of Yakima County, Washington.
Entity waives all defenses of lack of personal jurisdiction and forum non-conveniens. Process
may be served on either party in the manner authorized by applicable law or court rule.
(7) This Agreement shall be binding upon and inure to the benefit of each party’s
respective successors and lawful assigns; provided, however, that neither party may assign this
Agreement (whether by operation of law, sale of securities or assets, merger or otherwise), in
whole or in part, without the prior written approval of the other party. Any attempted assignment
in violation of this Section shall be void.
Form last revised 19 Aug 2004 Page 4 at Exhibit C
(8) If any provision of this Agreement shall be held by a court of competent jurisdiction to
be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(9) Either party may terminate this Agreement with or without cause upon ninety (90)
days prior written notice to the other party. All sections of this Agreement relating to the rights
and obligations of the parties concerning Confidential Information disclosed during the term of the
Agreement shall survive any such termination.
(10) Host and its employees do not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, new promotions, new products or te chnologies, processes,
materials, marketing plans or new product names, any original creative artwork, samples, demos,
or other works. If Entity sends Host any such ideas or materials, Host will not consider nor treat
such ideas and materials as confidential or proprietary under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ENTITY: City of ARLINGTON YAKIMA COUNTY TECHNOLOGY SERVICES
Address: 238 N Olympic Ave 128 North 2nd Street
ARLINGTON, WA 98223 Yakima, WA 98901
By: By:
Name: Barbara Tolbert Name: George Helton
Title: Mayor Title: Director Technology Services
Date: Date:
Page 1 at Exhibit D
EXHIBIT D
INSURANCE REQUIREMENTS AND CERTIFICATE
This Exhibit “D” is a continuation of that certain MASTER SERVICE S AGREEMENT between the
Yakima County Technology Services (“Host”), and City of ARLINGTON (“Entity”), and specifies
the insurance requirements of Entity under the Agreement.
1. INSURANCE.
(a) General. Prior to the commencement of this Agreement, and throughout the
entire Term of this Agreement, Entity shall procure and maintain the insurance described below.
Such insurance shall be in a form and with insurers acceptable to Host and shall comply with the
following minimum requirements.
(b) Commercial General Liability. Entity shall obtain and maintain a commercial
general liability insurance policy with reputable insurers reasonably acceptable to Host with policy
limits of not less than $2,000,000 each occurrence for bodily injury and $2,000,000 each
occurrence for damage to property, or, alternatively, $2,000,000 combined single limit each
occurrence for bodily injury and property damage combined. The policy shall be the “occurrence”
form and shall include coverage for premises and operations, contractual liability (including
insurable contractual liability assumed in this Agreement), broad form property damage, and
products and completed operations. The policy shall name Host as an additional insured to the
extent of the contractual liability assum ed by Entity in this Agreement, and shall contain a
severability of interests provision in favor of the additional insureds.
(c) Automobile Liability. If licensed vehicles will be used by Entity during the Term
of this Agreement, and at all times when such vehicles are operated on the premises of, or on
behalf of, Host, Entity shall maintain automobile liability insurance covering all owned, rented, and
non-owned vehicles with policy limits of not less than $1,000,000 combined single limit for bodily
injury and property damage combined, or, if limits are obtained on a per person and per accident
basis, not less than $1,000,000 per person and per accident for bodily injury, and $500,000 per
accident for property damage.
(d) Workers’ Compensation. Entity shall at all times comply fully with all applicable
workers’ compensation, occupational disease, and occupational health and safety laws, statutes,
and regulations, if any. Such workers’ compensation and occupational disease requirements
shall include coverage for all employees of Entity suffering bodily injury (including death) by
accident or disease, which arises out of or in connection with the performance of this Agreement
by Entity. Except to the extent prohibited by law, Entity’s program(s) for com pliance with workers’
compensation and occupational disease laws, statutes, and regulations shall provide for a full
waiver of rights of subrogation against Host, its subsidiaries, officers, and employees.
If Entity, or any subcontractor retained by Entity, fails to effect and maintain a
program of compliance with applicable workers’ compensation and occupational disease laws,
statutes, and regulations, and Host incurs liability or fines or is required by law to provide benefits
to such employees or to obtain coverage for such employees, Entity shall indemnify Host for such
fines, payment of benefits to Entity’s or subcontractors’ employees or their heirs or legal
representatives, and/or the cost of effecting coverage on behalf of such employees. Any amou nt
owed to Host by Entity pursuant to this indemnity may be deducted from any payments owed by
Host to Entity for performance of the Agreement.
(e) Employers Liability. Entity, in addition to complying with the provisions of
Section (d) above, shall maintain coverage for employers’ liability with a policy limit of not less
than $1,000,000 per accident. In jurisdictions where commercial insurance of workers’
compensation is not permitted, this requirement may be fulfilled through addition of an
Page 2 at Exhibit D
“Employers Stop Gap Liability” endorsement to the comprehensive general liability policy required
in Section (b) above.
(f) Professional Liability/Errors & Omissions Liability. Entity shall maintain
policy limits of not less than $2,000,000 each claim. Such ins urance shall include coverage for
infringement of proprietary rights of any third party, including without limitation copyright, trade
secret and trademark infringement as related to Entity’s performance under this Agreement.
Throughout the Term of this Agreement, the Professional Liability/Errors & Omissions Liability
insurance’s retroactive coverage date will be no later than the Effective Date of this Agreement.
Upon expiration or termination of this Agreement, Entity will either maintain active policy
coverage, or an extended reporting period, providing coverage for claims first made and reported
to the insurance Entity within two years after the end of the Agreement.
(g) General Requirements Applicable to Above Coverages. The following
general requirements shall be applicable to all coverages referenced anywhere in this Section:
(1) The above-referenced insurance policies shall be primary and not
contributory to any insurance or program of self-insurance maintained by Host.
(2) Any deductible or retention in excess of $100,000 per occurrence or
accident under any of the above-required coverages shall be subject to the approval of Host prior
to the commencement of the Agreement.
(3) All deductibles and premiums associated with the above coverages shall
be the responsibility of the Entity.
(4) If, in the opinion of Host, the amount of liability coverage is not adequate
by reason of inflationary pressures or experience or the nature and content of Entity’s activities,
Entity shall increase the amount of insurance coverage as reasonably required by Host.
(5) At the request of Host, Entity shall provide to Host, or make available for
Host’s review, copies of the insurance policies required herein. Entity reserves the right to delete
certain proprietary information not directly related to the provisions of insurance coverage
required under this Agreement.
(6) The above referenced insurance limits shall not in any way limit the
liability of Entity or the liability of any Entity subcontracto r during their performance under this
Agreement. Where any subcontractor is retained by Entity as may be authorized by Host in
writing, Entity shall either require such subcontractor to assume the same insurance obligations
on behalf of Host as are required of Entity herein, or extend its insurance to cover any
subcontractor retained by Entity.
(h) Certificates of Insurance. Prior to the inception of this Agreement, Entity shall
provide to Host certificates of insurance evidencing full compliance with the insurance
requirements contained herein. Such certificates shall be kept current throughout the entire
period of the Agreement, and shall provide for at least thirty (30) days advance notice to Host if
the coverage is to be canceled or materially altered so as not to comply with the foregoing
requirements. Where such insurance is to waive rights of subrogation, the certificate shall
expressly reflect in writing the insurers’ acceptance of such requirements. Failure by Entity to
furnish certificates of insurance or failure by Host to request same shall not constitute a waiver by
Host of the insurance requirements set forth herein. In the event of such failure on the part of
Entity, Host expressly reserves the right to enforce these requirements.
Page 3 at Exhibit D
(i) Self-Assumption. Any self-insured retention, deductibles and exclusions in
coverage in the policies required under this article shall be assumed by, for the account of and at
the sole risk of Entity or the subcontractor which provides the insurance and to the extent
applicable shall be paid by such Entity or subcontractor. In no event shall the liability of Entity or
any subcontractor thereof be limited to the extent of any of the minimum limits of insurance
required herein.
2. NOTICE OF LOSS, INJURY OR DAMAGE.
In the event of any “significant” injury to persons or damage to property that occurs on the
premises of Host during the performance of this Agreement by Entity or any subcontractor
thereof, Entity shall notify Host as promptly as reasonably pra ctical after the occurrence of such
injury or damage, and shall provide adequate details to enable Host to investigate the cause of
such injury or damage. For the purposes of this provision, the term “significant” shall mean injury
to persons that results in hospital treatment of such injury, and for damage to property, any
damage or loss of property in excess of Ten Thousand and 00/100 Dollars ($10,000.00).
3. RISK OF LOSS.
Entity assumes, and shall ensure that all subcontractors thereof and their resp ective
employees assume, the risk of loss due to its actions which impact the operation of Host’s facility
or operation of other party’s equipment located in Host’s facility, or destruction of or damage to
any property of Host or other parties whether owned, hired, rented, borrowed or otherwise. Entity
waives, and shall ensure that any subcontractor thereof and their respective employees waive, all
rights of recovery against Host, its subsidiaries and their respective directors, officers, employees
and agents for any such loss, or against loss due to destruction of or damage to any property of
Entity, any subcontractor or their respective employees, unless the destruction of the property
was due to Host negligence.
Page 1 at Exhibit E
EXHIBIT E
YAKIMA COUNTY TECHNOLOGY SERVICES - SDC PRIVACY POLICY
This Exhibit “E” is a continuation of that certain MASTER SERVICES AGREEMENT between the
Yakima County Technology Services (“Host”), and City of ARLINGTON (“Entity”), and specifies
Host’s Privacy Policy under the Agreement.
1. Information About Privacy.
The Yakima County Technology Services, a governmental entity of the State of
Washington (“Host”) providing services in the Secure Data Center, is committed to protecting the
privacy of any user accessing its website and Entity contracting for hosting or colocation services
within its Secure Data Center subject to a Master Services Agreement with Host (“Services”).
User or Entity may visit most pages on Host’s website without giving any information about itself.
Sometimes, however, Host may need information to provide Services that User or Entity
requests, and this privacy statement explains data collection and use in those situations. This
privacy statement only applies to the Services provided by Host and it does not apply to other
online or offline Host sites, products or services.
2. Collection and Use of Personal Information.
2.1 Host collects certain information about User’s or Entity’s computer hardware and
software. This information may include, but not be limited to , Entity’s IP address, browser type,
operating system, domain name, access times and referring Web site addresses. This
information is used to help diagnose problems with Host’s server, to maintain quality service, and
to provide general statistics regarding use of Host’s website. Although IP addresses are logged
to track Entity’s sessions, they are not linked to anything personally identifiable, and User and
Entity shall remain anonymous.
2.2 If subscribing on-line, the site’s registration form requires User or Entity to
provide contact information (e.g. name, e-mail address, telephone number); however, the
information gathered is used only to contact User or Entity when necessary and is never shared
with any party outside of Host. Other information may be required in the formulation of a Master
Services Agreement, however that information shall be protected by the terms and conditions of
that agreement.
2.3 Host’s website may contain links to other sites. Host is not responsible for the
privacy practices or the content of other websites or Internet services providers.
2.4 Host’s website may use cookies to deliver content specific to User’s or Entity’s
interests and needs. If User or Entity chooses to not have its browser accept cookies from Host’s
website, Entity will be able to view the text on its screens; however, User or Entity will not
experience a personalized visit nor will User or Entity be able to subscribe to service offerings on
this site.
2.5 Host’s website may use outside advertising companies to display ads on its site.
These ads may contain cookies that collect information by the advertising Entity, and Host will not
have access to this information.
2.6 Any personal information collected by Host that identifies User or Entity
personally will not be shared with any third parties.
Page 2 at Exhibit E
2.7 Host’s website has security measures in place to protect the loss, misuse, and
alteration of information under Host’s control. However, Host shall not be liable for any loss,
misuse, and alteration of information that was not under its control at the time of such event.
3. Protection of Children’s Personal Information.
Host’s website is a publicly available general audience site intended for providing
information regarding services provided by Yakima Count y as well as other information related to
the region. Host will not knowingly collect any personal information from or about minors or
children. Any information unwittingly collected by Host will be treated in the same manner as set
forth under section 2 of this statement.
4. Contact Information.
Any questions about this privacy statement, the practices of this site, or dealings with this
website, please contact the Yakima County SDC, helpdesk@co.yakima.wa.us.
5. Changes to this Statement.
Host will occasionally update this privacy statement at its sole discretion. Updates will be
posted on Host’s website under the “Privacy Policy” link. Host is not required to notify User or
Entity of any such changes to this statement.
Page 1 at Exhibit F
EXHIBIT F
YAKIMA COUNTY TECHNOLOGY SERVICES - SDC TERMS OF USE
This Exhibit “F” is a continuation of that certain MASTER SERVICES AGREEMENT between the
Yakima County Technology Services (“Host”), and City of ARLINGTON (“Entity”), and specifies
Host’s Terms of Use under the Agreement.
1. Terms of Use.
1.1 The use of any website hosted by the Host, the Host’s website, or any colocation
service provided by Host subject to a Master Services Agreement for such services (the
“Services”) by Entity within Host’s Secure Data Center facility (the “SDC”) are subject to the
following terms of use (“Terms of Use”).
1.2 Host reserves the right to update these Terms of Use at any time without notice
to Entity. By using the web site, Entity agrees to all of the provisions contained or refe rred to in
these Terms of Use. Entity’s use of the web site after any changes are posted to the web site
constitutes Entity’s acceptance of the changes. The most current version of the Terms of Use
can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Web
pages. Noting however that the Terms of Use published on Host’s website may include
additional terms and conditions.
1.3 Questions or comments regarding Terms of Use should be forwarded to Host at
the following address:
helpdesk@co.yakima.wa.us
Tel: (509) 574-2000 Fax: (509) 574-2001
2. Compliance with Law.
2.1 Entity shall not post, transmit, re-transmit or store material on or through any of
Services which, in the sole judgment of Host (i) is in violation of any local, state, federal or non-
United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that
otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii)
violates the rights of any Person, including rights protected by copyright, trade secret, patent or
other intellectual property or similar laws or regulations including, but not limited to, the
installation or distribution of "pirated" or other software products that are not appropriately
licensed for use by Entity.
2.2 Entity agrees to indemnify and hold harmless Host from any claims resulting from
the use of the Services that damages Entity or any other party, except to the extent the damages
result solely from the Host’s negligence. Entity shall be responsible for determining what laws or
regulations are applicable to its use of the Services.
3. Prohibited Uses of Services.
In addition to the other requirements of these Terms of Use, Entity may only use the
Services in a manner that, in Host's sole judgment, is consistent with the purposes of such
Services. If Entity is unsure of whether any contemplated use or action is permitted, Entity must
first contact Host as provided above. By way of example, and not limit ation, uses described below
of the Services are expressly prohibited:
3.1 General Uses.
Page 2 at Exhibit F
3.1.1 Unauthorized resale of any of the Services.
3.1.2 Pornography and pornographic related merchandising are prohibited
under all Host's Services. This includes sites that include links to pornographic content
elsewhere. Further examples of unacceptable content or links include pirated software, "hacker"
programs, archives of "Warez Sites", game rooms or MUDs, Chat Rooms, IRC Bots, Egg Drop
programs, programs designed to send unsolicited advertisements (i.e. "spamware", “spyware”,
etc.) through email, pop-up ads, or other means, or any kind of illegal software or shareware.
3.1.3 Violations of the rights of any Person protected by copyright, trade
secret, patent or other intellectual property or similar laws or regulations, including, but not limited
to, the installation or distribution of "pirated" or other software products that are not appropriately
licensed for use by Entity.
3.1.4 Actions that restrict or inhibit any Person, whether a customer of Host or
otherwise, in its use or enjoyment of any of Host's Services.
3.2 System and Network Uses.
3.2.1 Upload files that contain viruses, Trojan horses, worms, timebombs,
cancelbots, corrupted files, or any other similar software or programs that may damage the
operation of another’s computer or property of another.
3.2.2 Effecting security breaches or disruptions of Internet communication.
Security breaches include, but are not limited to, accessing data of which Entity is not an intended
recipient or logging into a server or account that Entity is not expressly authorized to access. For
purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings,
packet spoofing and forged routing information.
3.2.3 Executing any form of network monitoring which will intercept data not
intended for Entity's server.
3.2.4 Circumventing user authentication or security of any host, network or
account.
3.2.5 Interfering with or denying service to any user other than Entity's host (for
example, denial of service attack).
3.2.6 Using any program/script/command, or sending messages of any kind,
designed to interfere with, or to disable, a user's terminal session, via any means, locally or via
the Internet.
3.2.7 Creating an "active" full time connection on a Host-provided account by
using artificial means involving software, programming or any other method.
3.2.8 Any attempt to circumvent or alter monitoring, bandwidth tracking or
utilization reporting, or other actions which have the effect of complicating the normal operational
procedures of Host, including but not limited to altering, removing or in any way modifying or
tampering with Host created log files.
3.2.9 Any action which Host determines, in its own judgment, will reflect poorly
on Host or negatively impact its operations.
3.2.10 Any action which Host deems to be an unacceptable use of resources,
business practice or otherwise unacceptable to Host.
Page 3 at Exhibit F
3.3 Billing Uses.
3.3.1 Furnishing false or incorrect data on the order form, contract or online
application, including fraudulent use of credit card numbers.
3.3.2 Attempting to circumvent or alter the processes any billing procedures or
procedures to measure time, bandwidth utilization, or other methods to document "use" of Host's
Services.
3.4 Mail Uses.
3.4.1 Sending unsolicited commercial email messages (UCE), including the
sending of "junk mail" or other advertising material (including, but not limited to, surveys, contests
or any duplicative or unsolicited messages) to individuals who did not specifically request such
material, who were not previous customers of Entity or with whom Entity does not have an
existing business relationship ("email spam").
3.4.2 Sending UCE referencing an email address for any domain hosted by
Host.
3.4.3 Sending UCE referencing a domain hosted by Host.
3.4.4 Sending UCE referencing an IP address hosted by Host.
3.4.5 Posting advertisements on IRC, ICQ, or any other public chat system.
3.4.6 Harassing, stalking, threatening, defaming or other abuses, whether
through language, frequency or size of messages, which violate the legal rights (such as rights of
privacy and publicity) of others.
3.4.7 Unauthorized use, or forging, of mail header information.
3.4.8 Solicitations of mail for any other E-mail address other than that of the
poster's account or service with the intent to harass or to collect replies.
3.4.9 Creating or forwarding "chain letters" or other "pyramid schemes" of any
type.
3.4.10 Use of unsolicited email originating from within Host's network or
networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by
Host, or connected via Host's network.
3.4.11 Activities deemed to be unsolicited marketing efforts or otherwise
harassing in any way.
3.5 Usenet Newsgroups Uses.
3.5.1 Posting the same or similar messages to large numbers of Usenet
newsgroup ("Newsgroup spams").
3.5.2 Posting chain letters of any type.
3.5.3 Posting encoded binary files to newsgroups not specifically named for
that purpose.
Page 4 at Exhibit F
3.5.4 Cancellation or superseding of posts other than your own.
3.5.5 Forging of header information.
3.5.6 Solicitations of mail for any other E-mail address other than that of the
poster's account or service, with intent to harass or to collect replies.
3.5.7 Use of unsolicited E-mail originating from within Host's network or
networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by
Host, or connected via Host's network.
4. Security/Software
4.1 Entity agrees to take all steps reasonable, necessary, and prudent to protect
Entity's login ID and password
4.2 Entity agrees not to attempt to undermine or cause harm to any server, software,
system or Entity of Host
4.3 Entity agrees to maintain Entity’s computing equipment responsibly, including
running virus software
4.4 Uploading a virus to a Host server will result in account term ination, service
charges and/or prosecution
4.5 Entity acknowledges that Host cannot provide technical support for any software
and/or script that the Entity installs, other than variable name changes. Entity also acknowledges
that Host does not supply technical support for browser or development tools. Host supplies
technical support for Web hosting issues only. Host shall be the sole arbiter as to what constitutes
a "Web host" issue.
5. Violation.
Any attempt to undermine or cause harm to Host server or another Entity's Web
presence is strictly prohibited. Any violation of the above Terms of Use will result in grounds for
account termination, with no refunds given; Host reserves the right to remove any account without
prior notice. Violation of these Terms of Use may result in legal action, service charges or a
combination thereof
6. Refusal of Service.
6.1 Host reserves the right to refuse or cancel service in its sole discretion with no
refunds in accordance with Section 3 of the Master Services Agreement.
6.2 Failure to follow the Terms of Use may result in immediate account termination.
7. Links to Third-Party Sites.
Host is not responsible for the contents of any linked site or any link contained in a linked
site, or any changes or updates to such sites. Host is not responsible for webcasting or any other
form of transmission received from any linked site. Host is providing links on its website only as a
convenience, and the inclusion of any link does not imply endorsement by Host of that website.
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
D
COUNCIL MEETING DATE:
May 27, 2014
SUBJECT:
April 2014 Financial Report
ATTACHMENTS:
April 2014 Financial Reports
DEPARTMENT OF ORIGIN
Finance; Contact Jim Chase – 360-403-3422
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Staff will answer any questions regarding the Financial Report.
HISTORY:
ALTERNATIVES
RECOMMENDED MOTION:
Discussion only.
April 2014 Financial Report - Jim Chase, Finance Director
For the most part, revenues during April are being received as expected. We have some areas that continue
to miss the revenue projections set during the budget process.
Building permit revenues continue to miss expectations. The real estate market has yet to fully recover in our
area, even with the continued low interest rates. We have collected just 8% of our budget in that category. At
this point in the year we should be at 33% of budget.
The City is also receiving a smaller amount of Liquor Excise Tax distribution than was anticipated and
budgeted. These are likely to continue to drop as the Legislature remains set on a path of raiding city shared
revenues for the state’s General Fund and compliance with the McCleary decision requiring additional funds
for K-12 education.
We will continue to monitor these revenues very closely and will discuss options with the Mayor and Allen
should the revenues continue to follow this pattern in May and June.
The Emergency Medical Services Fund was discussed at the April 28th workshop. EMS has received just 29.7%
of budgeted revenues to date. This fund needed interfund loans to avoid being in a negative fund balance
position in February and March. At the end of April, a portion, $20,322, of the interfund loan was repaid,
leaving a loan balance of $265,394. Additional property taxes to be received in May should be sufficient to
pay off the loan. The EMS Fund needs a year end fund balance of approximately $300,000 to avoid future
cash-flow related loans.
Over the last 4 years, the average number of transports per month has been about 175. The total amount
billed for all transports in 2013 was $1,738,240, while we collected just $948,150. This calculates to a
collection rate of 54.5%. The collection rate for 2012 was 47.9% and the rate for 2011 was 56.9%.
Collections for 2014 have been a little smaller as compared to 2013. The 2014 collection rate through April is
46.7%.
WHY IS THE COLLECTION RATE SO LOW? Roughly two-thirds of our transports are subject to a reduced fee
because of Medicare, Medicaid or other state medical programs. Medicare, Medicaid, or other state medical
programs pay ambulance transports at a flat rate, meaning increasing our transport fees will not address the
material funding issue. The City’s fee schedule (adopted by Council in 2012) does include the increase of the
EMS rates by CPI, but that too is not enough.
The majority of the transports are for Advanced Life Support -Emergent (ALS-E) and Basic Life Support -
Emergent (BLS-E) services. The current fee for a transport for an ALS-E transport in is $963.30. The current
fee for a BLS-E transport is $557.70. We also charge a fee of $16.74 per mile from the pick-up site to the
hospital. If a Medicare patient was receiving ALS-E service, we would only receive a payment of about $450
plus mileage. If the transport was for BLS-E care, we would only receive about $350 plus mileage. The
patient might also have a small patient portion to pay (less than $100). The City is required by
Medicare/Medicaid regulations to write-off the remainder. This is why our collection rates are around 50%.
It takes several months for the EMS transport payment process to take place. We contract with a specialized
EMS billing company, System Design (SD), to oversee the entire billing process. After a transport, the data
collected by our paramedics is transmitted electronically to SD. SD can then electronically bill the insurance
companies, Medicare and Medicaid and all other potential payers. A bill is mailed to the patient if no
insurance information was provided. It could be several weeks or several months to receive a payment for a
transport. SD will bill the patient for their portion if there is still a balance due. Balances remaining unpaid,
after collections efforts by SD, are forwarded to a collection company for further collection efforts. A patient
can request additional consideration if they are below a certain income threshold (i.e., the Federal Poverty
Level).
Obviously, staff needs to do more exploration into possible revenue sources to solve the material funding
issue we have in the Emergency Medical Services Fund.
Following this page are the operating statements for each fund as well as the revenue charts.
General Fund Revenue Charts
Property Taxes
2009 2010 2011 2012 2013 2014
Jan 9,953$ 10,730$ 43,863$ 13,735$ 17,528$ 13,051$ Jan
Feb 6,463 4,965 6,939 8,731 11,473 20,864 Feb
March 47,312 50,930 36,300 69,232 49,570 26,373 March
April 89,039 180,793 121,892 213,717 203,950 338,280 April
May 1,006,203 874,964 1,021,034 935,094 988,890 - May
June (15,120) 56,580 24,760 21,831 26,875 - June
July 14,530 12,989 8,241 23,700 16,701 - July
Aug 7,679 (68,052) 9,547 4,589 16,062 - August
Sept 44,029 18,000 37,485 40,360 12,664 - Sept
Oct 79,762 94,000 318,247 157,685 182,363 - October
Nov 894,923 878,989 743,089 886,365 913,874 - Nov
Dec 8,876 50,453 17,201 35,571 21,448 - Dec
2,193,649 2,165,341 2,388,598 2,410,610 2,461,398 398,568
2014 Budget 2,500,000
15.94%
Retail Sales Taxes - 1%
2009 2010 2011 2012 2013 2014
Jan 221,227$ 226,180$ 231,247$ 248,861$ 250,760$ 269,131$ Jan
Feb 280,181 271,533 327,957 285,164 307,572 315,250 Feb
March 224,708 200,501 198,195 219,727 204,765 242,354 March
April 206,233 240,071 236,714 234,622 237,322 244,563 April
May 240,634 258,531 276,830 270,011 286,357 - May
June 236,531 252,005 244,488 242,401 291,441 - June
July 251,301 252,678 250,540 265,711 279,283 - July
August 302,202 284,617 277,164 265,845 299,857 - August
Sept 287,843 256,168 250,027 251,684 284,347 - Sept
October 241,080 250,811 247,503 270,521 289,400 - October
Nov 276,283 270,709 250,547 280,060 283,972 - Nov
Dec 237,530 211,020 242,434 252,952 264,547 - Dec
3,005,753 2,974,824 3,033,646 3,087,559 3,279,623 1,071,299
2014 Budget 3,200,000
2007 Total was 4,012,997 33.48%
2008 Total was 3,496,118
Snoh. Co. Criminal Justice Sales Tax - 0.1%
2009 2010 2011 2012 2013 2014
Jan 17,595$ 17,577$ 18,911$ 18,796$ 20,472$ 22,137$ Jan
Feb 23,312 23,396 23,935 24,853 26,163 27,956 Feb
March 16,671 15,746 16,203 16,396 18,838 20,165 March
April 16,111 16,622 15,930 17,518 18,252 19,843 April
May 18,775 18,464 18,149 19,753 21,828 - May
June 16,809 16,923 19,007 18,864 19,858 - June
July 17,565 17,595 18,988 19,693 21,119 - July
Aug 20,156 20,382 20,627 20,735 22,504 - August
Sept 18,447 19,363 19,160 20,877 22,602 - Sept
Oct 18,646 18,608 19,420 21,149 22,886 - October
Nov 19,417 20,368 20,146 22,012 23,632 - Nov
Dec 17,356 18,100 18,477 20,247 21,650 - Dec
220,861 223,144 228,953 240,894 259,805 90,101
2014 Budget 260,000
34.65%
$850,000
$900,000
$950,000
$1,000,000
$1,050,000
$1,100,000
2009 2010 2011 2012 2013 2014
Retail Sales Tax - 1%
$0
$20,000
$40,000
$60,000
$80,000
$100,000
2009 2010 2011 2012 2013 2014
Crim. Justice Sales Tax
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2009 2010 2011 2012 2013 2014
Property Taxes
2
Streamlined Sales Tax Mitigation Payments
2009 2010 2011 2012 2013 2014
Jan -$ -$ -$ -$ -$ -$ Jan
Feb - - - - - - Feb
March 32,850 29,743 25,024 25,377 23,888 24,876 March
April - - - - - - April
May - - - - - - May
June 14,024 29,860 25,161 21,824 23,603 - June
July - - - - - - July
Aug - - - - - - August
Sept 23,290 29,672 25,321 24,388 24,848 - Sept
Oct - - - - - - October
Nov - - - - - - Nov
Dec 29,911 25,000 25,266 24,403 24,971 - Dec
100,074 114,275 100,771 95,992 97,310 24,876
2014 Budget 95,000
26.19%
Utility Tax - Water
2009 2010 2011 2012 2013 2014
Jan 12,919$ 13,013$ 15,779$ 16,437$ 15,712$ 17,366$ Jan
Feb 10,737 13,288 15,103 16,565 15,734 14,380 Feb
March 14,718 15,760 16,090 14,824 14,469 15,900 March
April 12,023 15,815 16,578 15,535 16,293 14,732 April
May 13,328 18,173 15,477 15,627 15,891 - May
June 12,398 19,322 15,690 15,025 15,062 - June
July 13,207 18,713 15,706 16,427 16,341 - July
Aug 15,319 19,145 16,400 16,612 17,941 - August
Sept 16,481 18,250 18,282 18,174 20,613 - Sept
Oct 16,890 15,748 19,126 19,380 18,538 - October
Nov 18,323 16,826 15,220 16,455 15,745 - Nov
Dec 16,399 16,765 14,820 16,317 16,274 - Dec
172,744 200,818 194,271 197,378 198,613 62,378
2014 Budget 209,100 Tax is currently at 5% of gross revenues.
29.83%
Utility Tax - Sewer
2009 2010 2011 2012 2013 2014
Jan 15,610$ 15,073$ 18,513$ 20,707$ 22,301$ 24,441$ Jan
Feb 10,737 15,058 17,132 20,725 21,327 20,813 Feb
March 17,565 17,034 20,022 21,603 22,450 23,951 March
April 13,377 18,369 18,484 19,030 23,445 21,567 April
May 16,063 19,702 20,239 21,424 23,664 - May
June 13,970 23,506 18,908 21,994 21,804 - June
July 16,063 18,734 19,883 21,987 24,262 - July
Aug 15,480 17,617 19,567 22,954 21,466 - August
Sept 16,445 18,174 19,746 21,957 24,269 - Sept
Oct 14,719 16,143 21,101 22,633 23,241 - October
Nov 16,854 18,069 18,874 22,016 22,321 - Nov
Dec 15,368 18,097 20,577 22,210 24,229 - Dec
182,252 215,576 233,046 259,240 274,779 90,772
2014 Budget 275,400 Tax is currently at 5% of gross revenues.
32.96%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
2009 2010 2011 2012 2013 2014
Streamlined Sales Tax
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
2009 2010 2011 2012 2013 2014
Utility Tax - Water
$0
$20,000
$40,000
$60,000
$80,000
$100,000
2009 2010 2011 2012 2013 2014
Utility Tax - Sewer
3
Utility Tax - Natural Gas
2009 2010 2011 2012 2013 2014
Jan 76,095$ -$ 36,179$ 35,573$ 26,378$ 37,322$ Jan
Feb - 78,413 41,081 33,778 32,351 41,502 Feb
March - - 30,449 29,154 30,760 39,463 March
April 154,007 94,519 39,426 32,759 27,275 31,323 April
May - - 25,634 24,199 20,087 - May
June - - 23,779 15,727 16,081 - June
July 67,871 - 13,874 11,422 9,893 - July
Aug - 62,496 9,629 9,355 7,694 - August
Sept - - 8,946 7,886 6,282 - Sept
Oct 17,739 31,198 8,717 7,252 6,215 - October
Nov 8,348 12,042 12,464 11,960 12,981 - Nov
Dec - 21,772 22,809 18,929 18,820 - Dec
324,061 300,440 272,987 237,994 214,817 149,610
2014 Budget 260,000 Tax is currently at 6% of gross revenues.
57.54%To raise this tax over 6%, a public vote is needed.
Utility Tax - Cable TV
2009 2010 2011 2012 2013 2014
Jan -$ 57,070$ 19,754 20,349$ 28,936$ -$ Jan
Feb 54,091 - 20,393 - 28,669 60,794 Feb
March - - 20,296 40,313 28,387 29,935 March
April - - 19,945 20,432 - 30,620 April
May 53,136 56,981 20,130 20,416 58,132 - May
June - - 19,714 20,436 28,908 - June
July 53,857 59,413 19,761 49,691 29,195 - July
Aug - - 20,146 - - - August
Sept - - 19,641 58,417 58,179 - Sept
Oct 55,308 59,514 19,687 - 31,533 - October
Nov - 20,979 20,862 58,231 29,938 - Nov
Dec - 20,345 20,360 27,961 30,654 - Dec
216,392 274,302 240,689 316,246 352,531 121,349
2014 Budget 345,000 Tax is currently at 8% of gross revenues.
35.17%
Utility Tax - Telephone
2009 2010 2011 2012 2013 2014
Jan 88,965$ 86,694$ 49,514$ 48,104$ 48,733$ 41,935$ Jan
Feb 37,525 30,381 47,162 46,413 46,420 49,795 Feb
March 35,359 39,877 47,001 45,922 44,971 43,391 March
April 86,993 88,806 49,593 47,991 49,639 45,166 April
May 36,626 38,157 48,868 44,896 43,514 - May
June 36,283 39,605 47,980 45,113 46,181 - June
July 85,034 84,164 49,151 47,858 44,795 - July
Aug 38,005 29,395 47,501 46,408 43,252 - August
Sept 36,847 30,590 48,418 47,018 48,896 - Sept
Oct 84,934 91,407 48,145 46,568 45,845 - October
Nov 37,066 49,004 46,999 47,039 44,276 - Nov
Dec 35,740 51,966 47,294 46,622 44,780 - Dec
639,376 660,046 577,626 559,952 551,302 180,287
2014 Budget 560,000 Tax currently at 6% of gross revenues.
32.19%To raise this tax over 6%, a public vote is needed.
$0
$50,000
$100,000
$150,000
$200,000
$250,000
2009 2010 2011 2012 2013 2014
Utility Tax - Nat. Gas
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
2009 2010 2011 2012 2013 2014
Utility Tax - Cable TV
$0
$50,000
$100,000
$150,000
$200,000
$250,000
2009 2010 2011 2012 2013 2014
Utility Tax - Telephone
4
Utility Tax - Electricity
2009 2010 2011 2012 2013 2014
Jan 85,254$ 89,193$ 85,675$ 90,775$ 103,172$ 114,147$ Jan
Feb 45,564 47,266 45,924 52,732 67,082 71,787 Feb
March 88,361 84,004 85,151 91,009 112,114 119,424 March
April 46,327 49,177 52,944 54,791 62,768 67,965 April
May 74,454 73,938 78,401 95,590 94,693 - May
June 35,509 38,623 42,306 49,079 49,929 - June
July 63,927 62,864 66,531 80,553 77,961 - July
Aug 32,027 35,312 33,892 45,026 48,437 - August
Sept 61,434 61,005 66,854 70,885 82,008 - Sept
Oct 33,812 34,659 30,989 49,563 42,735 - October
Nov 68,237 68,018 70,805 87,318 92,901 - Nov
Dec 33,372 44,113 39,772 45,967 45,579 - Dec
668,279 688,172 699,244 813,288 879,379 373,323
2014 Budget 890,000 Tax is currently at 6% of gross revenues.
41.95%To raise this tax over 6%, a public vote is needed.
Utility Tax - Solid Waste (Garbage)
2009 2010 2011 2012 2013 2014
Jan 8,266$ 9,204$ 10,912$ 10,959$ 20,047$ 20,913$ Jan
Feb 8,165 8,907 10,495 10,516 - 20,757 Feb
March 8,696 9,912 10,794 11,108 39,805 21,221 March
April 9,914 9,901 10,148 10,678 19,544 20,799 April
May 10,282 10,132 10,848 11,279 20,758 - May
June 9,786 10,013 10,104 10,929 20,056 - June
July 10,497 10,452 10,781 11,397 20,321 - July
Aug 10,088 9,906 9,984 18,774 20,500 - August
Sept 10,936 10,477 10,419 46,317 20,762 - Sept
Oct 9,556 9,959 10,586 19,156 20,655 - October
Nov 9,912 10,754 11,150 21,807 21,346 - Nov
Dec 9,929 10,178 10,479 19,927 22,002 - Dec
116,028 119,795 126,700 202,847 245,796 83,690
2014 Budget 240,000 Tax is currently at 8% of gross revenues.
34.87%
Gambling Taxes
2009 2010 2011 2012 2013 2014
Jan 1,665$ 2,141$ 9,892$ 10,232$ 11,104$ 4,485$ Jan
Feb 38,202 26,034 4,270 9,479 3,156 3,928 Feb
March - - 12,809 9,781 3,109 5,167 March
April 4,988 5,619 7,503 12,224 2,930 4,776 April
May 43,661 22,153 5,894 10,528 4,974 - May
June - - 8,238 9,011 3,543 - June
July 2,020 2,081 8,521 7,626 5,504 - July
Aug 49,602 26,093 7,435 10,036 2,177 - August
Sept - 1,580 6,790 8,374 3,694 - Sept
Oct 1,787 22,631 7,404 8,389 5,570 - October
Nov 39,154 9,846 7,689 10,799 4,335 - Nov
Dec - 9,517 8,479 9,354 4,837 - Dec
181,077 127,695 94,924 115,833 54,933 18,356
2014 Budget 40,000 Tax on Pull tabs is 5% of gross receipts.
45.89%Tax on card games is 9% in 2014 and will increase 1%
per year and max at 12%.
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2009 2010 2011 2012 2013 2014
Utility Tax - Electricity
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
2009 2010 2011 2012 2013 2014
Utility Tax - Garbage
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
2009 2010 2011 2012 2013 2014
Gambling Taxes
5
Cable TV Franchise Fees
2009 2010 2011 2012 2013 2014
Jan 704$ 45,192$ 48,268$ 48,935$ 18,224$ -$ Jan
Feb - - - - 16,488 38,906 Feb
March - - - - 16,324 17,192 March
April 1,205 411 47,913 48,344 1,490 17,624 April
May - 44,678 - - 33,481 - May
June 11,900 - - 33,896 16,642 - June
July 14,364 48,158 47,913 23,436 18,361 - July
Aug - - - 16,402 - - August
Sept - - - 16,052 33,441 - Sept
Oct 44,951 47,041 47,707 3,771 19,807 - October
Nov - - - 33,622 17,243 - Nov
Dec - - - 14,235 17,644 - Dec
73,124 185,480 191,801 238,693 209,145 73,722
2014 Budget 205,000 Tax is 5% of gross revenues.
35.96%
Building Permits
2009 2010 2011 2012 2013 2014
Jan 21,462$ 82,320$ 9,672$ 52,758$ 6,763$ 923$ Jan
Feb 21,621 1,380 5,597 45,748 6,304 10,535 Feb
March 34,857 12,071 52,830 50,294 13,513 6,366 March
April 9,617 5,181 8,303 10,982 17,948 6,246 April
May 3,742 1,206 5,445 11,055 79,689 - May
June 7,216 4,784 4,461 19,105 12,034 - June
July 12,029 7,256 15,101 39,249 4,929 - July
Aug 9,805 6,351 14,043 38,617 4,944 - August
Sept 7,988 2,072 16,702 36,642 21,237 - Sept
Oct 3,603 10,989 50,782 23,863 16,112 - October
Nov 6,569 10,118 56,511 6,297 3,945 - Nov
Dec 9,594 8,687 15,540 8,400 5,651 - Dec
148,103 152,415 254,987 343,010 193,069 24,070
2014 Budget 300,000
2007 Total was 346,953 8.02%
2008 Total was 307,424
Liquor Excise Taxes
2009 2010 2011 2012 2013 2014
Jan 20,240$ 21,047$ 20,972$ 21,133$ -$ 12,113$ Jan
Feb - - - - - - Feb
March - - - - - - March
April 21,914 22,553 22,886 23,235 - 5,600 April
May - - - - - - May
June - - - - - - June
July 19,542 20,196 21,077 21,738 - - July
Aug - - - - - - August
Sept - - - - - - Sept
Oct 21,721 21,541 22,244 - 12,050 - October
Nov - - - - - - Nov
Dec - - - - - - Dec
83,417 85,337 87,179 66,106 12,050 17,713
2014 Budget 40,000
44.28%
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
2009 2010 2011 2012 2013 2014
Building Permits
$0
$20,000
$40,000
$60,000
$80,000
$100,000
2009 2010 2011 2012 2013 2014
Cable Franchise Fees
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
2009 2010 2011 2012 2013 2014
Liquor Excise Tax
6
Liquor Profits
2009 2010 2011 2012 2013 2014
Jan -$ -$ -$ -$ -$ -$ Jan
Feb - - - - - - Feb
March 28,271 39,961 33,151 23,858 40,428 40,633 March
April - - - - - - April
May - - - - - - May
June 29,750 31,625 37,009 73,882 40,416 - June
July - - - - - - July
Aug - - - - - - August
Sept 34,486 33,192 25,535 40,674 40,427 - Sept
Oct - - - - - - October
Nov - - - - - - Nov
Dec 24,930 32,982 29,280 40,660 40,423 - Dec
117,437 137,760 124,975 179,074 161,694 40,633
2014 Budget 155,000
26.21%
Traffic Infractions
2009 2010 2011 2012 2013 2014
Jan 21,068 24,910 24,336 20,217 15,782 18,009$ Jan
Feb 20,599 31,691 22,741 16,844 21,485 17,749 Feb
March 26,005 26,876 21,711 24,490 17,436 17,508 March
April 25,855 34,754 29,060 24,522 22,793 25,526 April
May 22,540 31,967 20,085 18,988 21,143 - May
June 27,289 25,789 22,028 22,774 14,513 - June
July 21,091 28,503 21,780 21,702 11,950 - July
Aug 30,197 24,379 19,147 21,814 16,910 - August
Sept 28,098 23,818 20,860 23,095 17,762 - Sept
Oct 28,358 22,846 22,151 19,022 14,578 - October
Nov 24,580 28,175 22,401 18,531 15,686 - Nov
Dec 23,285 22,548 20,459 19,821 9,514 - Dec
298,965$ 326,256$ 266,759$ 251,820 199,552 78,792
2014 Budget 320,200
24.61%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
2009 2010 2011 2012 2013 2014
Liquor Profits
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
2009 2010 2011 2012 2013 2014
Fines & Forfeitures
7
Other Funds Revenue Charts
Street Fund
Motor Vehicle Fuel Taxes
2009 2010 2011 2012 2013 2014
Jan 29,365$ 29,365$ 28,999$ 26,401$ 29,006$ 29,968$ Jan
Feb 25,560 31,059 29,651 31,775 29,032 30,543 Feb
March 29,880 28,088 29,230 26,930 29,003 29,588 March
April 28,049 27,051 28,331 28,741 26,956 26,218 April
May 30,897 31,140 32,958 30,583 31,095 - May
June 29,937 30,446 30,897 28,815 30,115 - June
July 33,359 32,377 31,626 31,834 33,270 - July
Aug 32,554 31,621 33,033 31,981 30,860 - August
Sept 34,329 34,057 30,629 32,675 34,562 - Sept
Oct 33,887 33,710 34,751 34,224 38,816 - October
Nov 31,514 31,670 31,765 30,509 26,508 - Nov
Dec 32,226 32,441 32,080 32,364 32,639 - Dec
371,557 373,025 373,950 366,833 371,862 116,317
2014 Budget 380,000
30.61%
Emergency Medical Services Fund
Ambulance Transport Fees
2009 2010 2011 2012 2013 2014
Jan 48,382$ 62,999$ 71,482$ 50,563$ 120,025$ 56,024$ Jan
Feb 40,721 72,652 65,114 46,148 94,156 47,811 Feb
March 39,041 78,115 71,991 57,465 67,761 93,481 March
April 63,533 71,986 67,123 71,528 98,736 92,429 April
May 45,237 65,024 78,858 65,711 78,850 - May
June 52,574 58,261 59,627 54,976 67,994 - June
July 47,741 55,550 66,288 83,368 86,256 - July
Aug 56,235 67,303 64,907 58,235 59,020 - August
Sept 56,512 57,123 56,753 65,913 73,762 - Sept
Oct 58,141 68,644 97,429 83,831 79,623 - October
Nov 41,371 45,428 64,636 65,494 61,295 - Nov
Dec 99,207 62,757 49,362 63,072 60,673 - Dec
648,695$ 765,842$ 813,570$ 766,304 948,151 289,745
2014 Budget 975,500
29.70%
$100,000
$105,000
$110,000
$115,000
$120,000
2009 2010 2011 2012 2013 2014
Motor Vehicle Fuel Taxes
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2009 2010 2011 2012 2013 2014
Ambulance Transport Fees
8
GENERAL FUND OPERATING STATEMENT
THROUGH APRIL 2014
YTD % OF YTD TOTAL % OF
2014 2014 ANNUAL 2013 2013 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES
TAXES:
-PROPERTY 398,568$ 2,500,000$ 15.94%282,521$ 2,464,431$ 11.46%
-SALES - 1% City 1,071,299 3,200,000 33.48%1,000,419 3,279,622 30.50%
-SALES - 0.1% SnoCo Crim Just.90,101 260,000 34.65%83,725 259,804 32.23%
-UTILITY 1,081,711 2,831,100 38.21%986,047 2,768,899 35.61%
-LEASEHOLD EXCISE 21,276 120,000 17.73%22,873 124,497 18.37%
-GAMBLING 18,356 40,000 45.89%20,299 54,933 36.95%
LICENSES & PERMITS 115,574 596,800 19.37%121,347 498,397 24.35%
INTERGOV REVENUE 116,865 540,992 21.60%193,969 516,040 37.59%
CHARGES FOR SERVICES 691,395 2,228,588 31.02%731,870 2,409,063 30.38%
FINES & FORFEITURES 78,792 320,200 24.61%77,496 199,553 38.83%
MISC REVENUE 74,598 18,750 397.86%3,503 37,241 9.41%
OTHER FIN SOURCES - 70,100 0.00%4,004 27,630 14.49%
NON-REVENUES 44,530 259,000 17.19%60,747 138,204 43.95%
TOTAL REVENUES 3,803,065 12,985,530 29.29%3,588,820 12,778,314 28.09%
BEGINNING CASH BALANCE 505,494 500,000 377,749 377,749
TOTAL SOURCES 4,308,559 13,485,530 3,966,569 13,156,063
EXPENDITURES
LEGISLATIVE 45,854 122,145 37.54%47,209 120,918 39.04%
EXECUTIVE 322,057 773,381 41.64%255,941 794,251 32.22%
FINANCE 267,906 822,871 32.56%260,372 812,986 32.03%
LEGAL 67,192 70,000 95.99%19,607 102,912 19.05%
INFORMATION TECHNOLOGY 186,763 388,312 48.10%161,572 344,173 46.94%
MISC - DUES & ASSESSMENTS 178,170 277,396 64.23%180,540 294,771 61.25%
LAW ENFORCEMENT 1,524,210 5,069,852 30.06%1,513,572 4,808,042 31.48%
FIRE CONTROL 865,275 2,464,645 35.11%791,583 2,418,813 32.73%
RECYCLING 8,168 20,000 40.84%3,143 5,599 0.00%
COMMUNITY DEVELOPMENT 268,412 738,007 36.37%289,381 878,091 32.96%
LIBRARY SERVICES 12,000 36,200 33.15%12,695 36,696 34.60%
NON-EXPENDITURES 35,253 259,000 13.61%44,169 148,220 29.80%
DEBT SERVICE - 872,720 0.00%- 876,847 0.00%
INTERFUND TRANSACTIONS 296,173 1,071,001 27.65%341,000 1,008,250 33.82%
TOTAL EXPENSES 4,077,433 12,985,530 31.40%3,920,784 12,650,569 30.99%
ENDING FUND BALANCE 500,000 505,494
TOTAL EXPEND & FUND BALANCE 13,485,530$ 13,156,063$
AVAILABLE CASH BALANCE 231,126$ 45,785$
Percentage of budget allocated to April 33.33%
9
OTHER FUNDS OPERATING STATEMENTS YTD
APRIL BUDGET
FUND NAME 2014 2014 %
FUND 004 GENERAL MANDATORY RESERVE FUND
This fund will be used to accumulate a reserve amount for the General Fund in accordance with the City's Financial Policy.
Begin Fund Balance -$ -$
YTD Revenues -Transfers-in- General Fund 12,500 50,000 25.0%
YTD Expenditures - - 0.0%
End Fund Balance 12,500$ 50,000$
SPECIAL REVENUE FUNDS (100 - 199)
- to account for the proceeds of specific revenue sources (other than for major capital projects) that are legally restricted to
expenditurse for specified purposes. These funds cannot be used for General Fund purposes.
The General Fund can be reimbursed for services provided to these funds (utility Billing and collection, Acctg. And Admin.,
payroll, personnel, Information Technoloy, etc.)
FUND 101 STREET MAINTENANCE FUND
This fund is responsible for maintaining all public streets and roadways (patching, paving and sealing of roads, sidewalk
repair and maint., and other roadway functions including sweeping and snow removal)
Begin Fund Balance 79,241$ 77,000$
MV Fuel Taxes 116,317 380,000 30.6%
Interfund Transfers 108,336 460,000 23.6%
Misc. Revenues 7,415 27,200 27.3%
YTD Revenues 232,068 867,200 26.8%
Salaries & Wages 119,808 348,509 34.4%
Personnel Benefits 47,808 146,310 32.7%
Supplies 4,836 47,525 10.2%
Other Services & Charges 63,589 281,100 22.6%
Intergov Serv & Taxes 1,889 6,000 31.5%
Interfnd Payment for Svcs 36,664 110,000 33.3%
YTD Expenditures 274,594 939,444 29.2%
Ending Fund Balance 36,715$ 4,756$
FUND 104 PROGRAM DEVELOPMENT FUND
This fund is dedicated to the purchase of public safety vehicles and equipment from a donation from the Stillaguamish Tribe
received at the beginning of 2012.
Begin Fund Balance 136,421$ 148,000$
YTD Revenues - Interest Income - 100 0.0%
YTD Police Expenditures 9,202 - 0.0%
YTD Fire Expenditures 5,600 - 0.0%
YTD Expenditures 14,802 -
End Fund Balance 121,619$ 148,100$
FUND 107 GROWTH MANAGEMENT FUND
This fund is used to track mitigation fees paid to the City for new construction impacts. These funds must be used within 6 years
of receipt and expended for improvements relating to growth and infrastructure needs as a direct result of growth.
Begin Fund Balance 1,829,337$ 1,315,000$
Mitigation Fees 8,605 220,000 3.9%
Interest Income 2,509 40,000 6.3%
Loan Repayment-EMS 20,322 -
YTD Revenues 31,436 260,000 12.1%
YTD Expenditures 299,362 500,000 59.9%
End Fund Balance 1,561,411$ 1,075,000$ 10
YTD
APRIL BUDGET
SPECIAL REVENUE FUNDS - Cont.FUND NAME 2014 2014 %
FUND 108 EMERGENCY MEDICAL SERVICES FUND
The EMS Fund is responsible for providing medical care for emergency calls that have a high potential for acute trauma or
loss of life and emergency medical coverage for special events. The majority of the revenue in this fund are from the 50 cent
EMS property tax levy and the levies from Fire Dist. No. 21, 24 and 25, and from transport fees.
The other fire districts contract with us to help with EMS services in their areas.
Begin Fund Balance 137,651$ 100,000$
Property Taxes Arlington 185,680 912,000 20.4%
Property Taxes FD #24 - Darrington - 83,000 0.0%
Property Taxes FD #21 - Arlington Rural - 385,756 0.0%
Property Taxes FD #25 - Oso - 46,000 0.0%
Intergovernmental Grants - 1,600 0.0%
Transport Fees 289,745 975,500 29.7%
Interfund Payments-Airport 42,700 128,100 33.3%
Other Misc.544 82,800 0.7%
Interfund Loan 285,716 - 0.0%
YTD Revenues 804,385 2,614,756 30.8%
Salaries & Wages 569,793 1,661,332 34.3%
Personnel Benefits 141,929 440,913 32.2%
Supplies 21,890 77,400 28.3%
Other Services & Charges 88,893 253,550 35.1%
Intergov Serv & Taxes 8,282 9,600 86.3%
Debt Repayment 20,365 - 0.0%
Capital Outlays 2,872 4,000 71.8%
Interfnd Payment for Svcs 88,012 259,600 33.9%
YTD Expenditures 942,036 2,706,395 34.8%
End Fund Balance -$ 8,361$
FUND 109 STREAM COORIDOR RESTORATION FUND
This fund is used for capital improvements to streams within the City.
Begin Fund Balance 37,899$ 24,000$
YTD Revenues - Stilly Tribe/Int. Income 478 250 191.2%
YTD Expenditures - 7,000 0.0%
End Fund Balance 38,377$ 17,250$
FUND 114 LODGING TAX FUND
The City collects a 2% tax on lodging stays. This moneys in this fund is then used to promote tourism in and around the City.
The Lodging Tax Advisory Committee makes a recommendation to the City Council for the distribution of funds to local non-profit
and marketing organizations, following a competetive grant process.
Begin Fund Balance 59,715$ 35,000$
Hotel/Motel Tax 22,655 75,000 30.2%
Interest Income 79 1,000 7.9%
YTD Revenues 22,734 76,000 29.9%
YTD Expenditures 27,285 84,000 32.5%
End Fund Balance 55,164$ 27,000$
11
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APRIL BUDGET
SPECIAL REVENUE FUNDS - Cont.FUND NAME 2014 2014 %
FUND 116 CEMETERY OPERATIONS FUND
This Fund provides for the operation and maintenance of the Arlington Cemetery.
Services provided include internment services, and maintenance of the landscape and the various structures.
Begin Fund Balance 58,086$ 68,000$
Charges for Services 91,990 196,000 46.9%
Misc 83 575 14.4%
Non-Revenues 4,971 9,000 55.2%
Transfer In - 100 0.0%
YTD Revenues 97,044 205,675 47.2%
Salaries & Wages 33,226 100,700 33.0%
Personnel Benefits 15,095 46,612 32.4%
Supplies 14,140 24,700 57.2%
Other Services & Charges 7,500 24,000 31.3%
Intergov Serv & Taxes 4,990 10,000 49.9%
Capital Outlays - 575 0.0%
Interfnd Payment for Svcs 13,955 34,375 40.6%
Interfund Transfers/to Cap Improv - 10,000 0.0%
YTD Expenditures 88,906 250,962 35.4%
End Fund Balance 66,224$ 22,713$
DEBT SERVICE FUNDS (200 - 299)
- to account for the accumulation of resources for, and the payment of, general long-term debt
FUND 212 LOCAL IMPROVEMENT DISTRICT #21 FUND
This Fund is used to collect the remaining outstanding local improvement district property assessments.
Begin Fund Balance 105,093$ 5,000$
YTD Revenues - Assessment Collections/Interest 73,695 57,100 129.1%
YTD Expenditures - 60,000 0.0%
End Fund Balance 178,788$ 2,100$
CAPITAL PROJECTS FUNDS (300 - 399)
- to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those
financed by proprietary funds and trust funds).
These funds cannot be transferred and used for General Fund purposes.
FUND 303 REAL ESTATE EXCISE TAX 1 FUND (FIRST 1/4% TAX)
This fund is used to collect the first 1/4% of real estate excise tax on property sales and can be used for capital projects within
the City, maintenance, and for debt service.
Begin Fund Balance 138,267$ 110,000$
REET Tax Collections 54,741 251,000 21.8%
Interest Income 172 2,000 8.6%
YTD Revenues 54,913 253,000 21.7%
800 Mhz Radio Maintenance 67,638 60,000 112.7%
Debt Service 24,000 123,600 19.4%
Transfer to Street Fund 20,000 60,000 33.3%
Capital Expenditures 2,500 - 0.0%
114,138 243,600 46.9%
End Fund Balance 79,042$ 119,400$
12
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APRIL BUDGET
CAP. PROJECT FUNDS - cont.FUND NAME 2014 2014 %
FUND 304 REAL ESTATE EXCISE TAX 2 FUND (SECOND 1/4% TAX)
This fund is used to collect the second 1/4% of real estate excise tax on property sales and can be used for capital projects
within the City and for debt service.
Begin Fund Balance 13,245$ 1,000$
REET Tax Collections 54,741 286,000 19.1%
Interest Income 27 100 27.0%
YTD Revenues 54,768 286,100 19.1%
Debt Service Costs - 285,600 0.0%
End Fund Balance 68,013$ 1,500$
FUND 305 CAPITAL FACILITIES/BUILDING FUND
This fund is used to fund future building needs.
Begin Fund Balance 4$ 1,800$
Transf In from REET1 & General Fund 24,000 72,000 33.3%
Misc Revenue 100 0.0%
YTD Revenues 24,000 72,100 33.3%
YTD Expenditures 24,000 72,000 33.3%
End Fund Balance 4$ 1,900$
FUND 310 TRANSPORTATION IMPROVEMENT FUND
This fund accounts for all transporation related capital improvements (not including the TBD projects)
Begin Fund Balance 3,655$ 140,000$
Grant Receipts 1,457,543 3,683,109 39.6%
Misc. Revenues 4,007 12,400 32.3%
Transfers-In-Growth Fund 13,646 500,000 2.7%
YTD Revenues 1,475,196 4,195,509 35.2%
YTD Expenditures 1,478,849 4,144,958 35.7%
End Fund Balance 2$ 190,551$
FUND 311 PARKS IMPROVEMENT FUND
This fund is to account for all Parks related capital improvement projects.
Begin Fund Balance 156,634$ 180,000$
YTD Revenues - Haller Park Donations/Interest Inc.3,276 26,100 12.6%
Country Charm Park Debt - Interest 50,667 152,000 33.3%
Haller Playground 17,521 25,000 70.1%
YTD Expenditures 68,188 177,000 38.5%
End Fund Balance 91,722$ 29,100$
13
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APRIL BUDGET
FUND NAME 2014 2014 %
FUND 312 LIBRARY CAPITAL IMPROVEMENT FUND
This fund is used to account for any improvments made at the Arlington Library.
Begin Fund Balance 13,693$ 14,000$
YTD Revenues - Interest Income 19 200 9.5%
YTD Expenditures - - 0.0%
End Fund Balance 13,712$ 14,200$
FUND 316 CEMETERY CAPITAL IMPROVEMENT FUND
This fund is used to account for any improvments made at the Arlington Cemetery.
Begin Fund Balance 5,607$ 13,500$
YTD Revenues - Transf. In-Cemetery Fund/Interest Inc.8 10,100 0.1%
YTD Expenditures - - 0.0%
End Fund Balance 5,615$ 23,600$
ENTERPRISE FUNDS (400 - 499)
- an enterprise fund may be used to report activity for which a fee is charged to external users for goods or services.
An enterprise fund is also required for any activity whose principal revenue sources meet any of the following criteria -
- Debt backed solely by fees and charges
- Legal requirement to recover costs
- Policy decision to recover costs
These funds cannot be transferred and used for General Fund purposes.
FUND 401 WATER/SEWER FUND
The Water Division's responsibility is to provide clean, clear, potable water to utility customers, to maintain a high quality
and deliver the product economically and plentifully to the customers.
Begin Fund Balance-Unreserved-Water 2,003,693$ 1,895,000$
Charges for Services 1,218,020 3,666,650 33.2%
Fines & Penalties 23,770 70,000 34.0%
Miscellaneous-Int. Income 5,112 17,500 29.2%
Non-Revenues 824 1,000 82.4%
YTD Revenues-Water 1,247,726 3,755,150 33.2%
Salaries & Wages 246,873 747,148 33.0%
Personnel Benefits 90,171 291,468 30.9%
Supplies 44,327 172,500 25.7%
Other Services & Charges 117,445 322,600 36.4%
Intergov Serv & Taxes 124,865 378,800 33.0%
Debt Service - 93,530 0.0%
Interfund Payment for Services 260,707 782,115 33.3%
Interfund Transfers - 701,700 0.0%
YTD Expenditures-Water 884,388 3,489,861 25.3%
End Fund Balance-Unreserved-Water 2,367,031$ 2,160,289$
14
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ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 %
The Wastewater or Sewer Division is charged with treating industial and domestic wastes. Sewer maintenance insures that the
system is leak and seepage proof, unblocked by sand, grease, or roots, and properly graded to move wasts efficiently to the treatment
plant after which the treated water can be sent back to the Stilliguamish River cleaner than when it was originally taken out.
Begin Fund Balance-Unreserved - Sewer 1,514,307$ 1,050,000$
Charges for Services 1,802,079 5,403,600 33.3%
Fines & Penalties 9,548 30,000 31.8%
Miscellaneous-Interest Income 3,896 13,000 30.0%
YTD Revenues-Sewer 1,815,523 5,446,600 33.3%
Salaries & Wages 208,544 596,016 35.0%
Personnel Benefits 59,278 236,169 25.1%
Supplies 65,458 263,500 24.8%
Other Services & Charges 204,367 526,350 38.8%
Intergov Serv & Taxes 125,852 343,100 36.7%
Non-Expenditures - 1,000 0.0%
Debt Service 511,349 2,658,396 19.2%
Interfund Payment for Services 273,941 819,590 33.4%
Interfund Transfers - 101,700 0.0%
YTD Expenditures-Sewer 1,448,789 5,545,821 26.1%
End Fund Balance-Unreserved-Sewer 1,881,041$ 950,779$
FUND 402 AIRPORT FUND
The operation of the Airport Fund includes airport land facility management and maintanance; aviation, industrial and
commercial development; security and administrative services; and airport planning.
Begin Fund Balance 726,139$ 400,000$
Rental Income 1,640,805 2,897,916 56.6%
Intergov. Revenues 4,950 45,000 11.0%
Other Misc Revenues 7,901 23,000 34.4%
Non-Revenues 217,543 394,139 55.2%
TYD Revenues 1,871,199 3,360,055 55.7%
Salaries & Wages 93,998 266,094 35.3%
Personnel Benefits 29,790 110,668 26.9%
Supplies 8,217 31,450 26.1%
Other Services & Charges 73,072 221,481 33.0%
Intergov Serv & Taxes 77 800 9.6%
Non-Expenditures 180,928 382,139 47.3%
Capital Outlays 100,712 781,000 12.9%
Debt Service 17,551 120,520 14.6%
Interfund Payment for Services 507,818 1,543,642 32.9%
Interfund Transfers 281,668 293,368 96.0%
YTD Expenditures 1,293,831 3,751,162 34.5%
End Fund Balance 1,303,507$ 8,893$
15
YTD
APRIL BUDGET
ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 %
FUND 405 WATER CAPITAL IMPROVEMENT FUND
This fund is used to account for major capital projects constructed by the Water division. All revenues from new connection fees
are receipted into this fund as well as a small portion of the monthly utility rate.
Begin Fund Balance 4,641,426$ 5,100,000$
Interst Income 5,866 30,000 19.6%
Water Connection Fees 38,700 86,000 45.0%
Loan Repaymt-Stormwater - 50,000 0.0%
Transfer-In-Water Fund - 700,000 0.0%
YTD Revenues 44,566 866,000 5.1%
YTD Expenditures 531,871 1,227,000 43.3%
End Fund Balance 4,154,121$ 4,739,000$
FUND 406 SEWER CAPITAL IMPROVEMENT FUND
This fund is used to account for major capital projects constructed by the Sewer division. All revenues from new connection fees
are receipted into this fund as well as a small portion of the monthly utility rate.
Begin Fund Balance 3,570,011$ 2,490,000$
Interest Income 4,732 15,000 31.5%
Sewer Connection Fees 58,800 168,000 35.0%
Non-Revenues 838 - 0.0%
Transfer-In-Sewer Fund - 100,000 0.0%
YTD Revenues 64,370 283,000 22.7%
YTD Expenditures 532,460 1,335,000 39.9%
End Fund Balance 3,101,921$ 1,438,000$
FUND 407 PUBLIC WORKS-UTILITIES ADMINISTRATION FUND
This fund is responsible for the management of the three utilities - Water, Sewer and Storm water.
This includes financial management, regulatory compliance and personnel management.
Begin Fund Balance 127,858$ 120,000$
Charges for Services 277,512 832,560 33.3%
Misc. Revenue 303 1,600 18.9%
YTD Revenues 277,815 834,160 33.3%
Salaries & Wages 164,120 497,969 33.0%
Personnel Benefits 66,013 204,304 32.3%
Supplies 2,744 6,500 42.2%
Other Services & Charges 14,332 101,940 14.1%
Interfund Payment for Services 14,809 - 0.0%
Capital Outlays - 6,000 0.0%
YTD Expenditures 262,018 816,713 32.1%
End Fund Balance 143,655$ 137,447$
16
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APRIL BUDGET
ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 %
FUND 409 STORM WATER CAPITAL IMPROVEMENT FUND
This fund is used to fund any major capital projects constructed by the Storm Water Utility.
Begin Fund Balance 160,531$ 43,000$
Grant Revenues 494,979 2,051,000 24.1%
Interest Income 307 100 307.0%
Transfers-In-Stormwater Fund - 160,000 0.0%
YTD Revenues 495,286 2,211,100 22.4%
YTD Expenditures 60,226 2,216,000 2.7%
End Fund Balance 595,591$ 38,100$
FUND 410 AIRPORT RESERVE FUND
This fund is used to fund emergency repairs and large capital projects at the Municipal Airport.
Begin Fund Balance 342,314$ 345,346$
Interest Income 532 500 106.4%
Transfers-In-Airport Fund 281,668 281,668 100.0%
YTD Revenues 282,200 282,168 100.0%
YTD Expenditures - 195,000 0.0%
End Fund Balance 624,514$ 432,514$
FUND 411 WATER/SEWER BOND RESERVE FUND
The legal requirements in Bond and Loan documents required the City hold an amount in reserve that totals the smaller of
1) the maximum annual debt service of the W/S Revenue Bonds and Loans
2) 125% of the annual debt service of the utility, or
3) 10% of the stated principal amount of the bonds
The current amount in this fund is sufficient to satisfy the reserve requirement.
Investment Interest is going to the Water/Sewer Funds.
Begin Fund Balance 1,501,946$ 679,000$
YTD Revenues - - 0.0%
YTD Expenditures - - 0.0%
End Fund Balance 1,501,946$ 679,000$
17
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APRIL BUDGET
ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 %
FUND 412 STORM WATER MANAGEMENT FUND
This fund was created to administer, amange, develop, operate and maintain the City's Storm Water Management Plan. This is our
communities effort to provide flood management and water quality protection. The Plan includes building and maintaining the
storm water systems, providing errosion control, and creating public awareness programs that help to protect our water quality.
Begin Fund Balance 245,834$ 120,000$
Charges for Sevices 305,345 775,000 39.4%
Misc revenue 1,387 53,000 2.6%
YTD Revenues 306,732 828,000 37.0%
Salaries & Wages 54,555 164,649 33.1%
Personnel Benefits 20,261 64,899 31.2%
Supplies 688 15,000 4.6%
Other Services & Charges 21,298 84,600 25.2%
Intergov Serv & Taxes 18,628 159,500 11.7%
Interfund Payment for Services 40,864 - 0.0%
Debt Service - 51,500 0.0%
Interfund Transfers 38,336 275,000 13.9%
YTD Expenditures 194,630 815,148 23.9%
End Fund Balance 357,936$ 132,852$
FUND 413 AIRPORT CAPITAL IMPROVEMENT (FAA) FUND
This fund accounts for capital improvements at the Airport that are eligible for, and receive grant funding from the Federal
Aviation Administration (FAA).
Begin Fund Balance 499,066$ 371,500$
Grant Receipts 605,809 367,735 164.7%
Interest Income 1,195 1,000 119.5%
Interfund Loan Payment 24,000 70,000 34.3%
631,004 438,735 143.8%
YTD Expenditures 674,918 650,500 103.8%
End Fund Balance 455,152$ 159,735$
18
YTD
APRIL BUDGET
FUND NAME 2014 2014 %
INTERNAL SERVICE FUNDS (500 - 599)
- to account for the financing of goods and or services provided by one department or agency or to other departments or agencies
of the governmental unit, or to other governmental units, on a cost-reimbursement basis.
FUND 501 EQUIPMENT RENTAL - MAINT & OPERATIONS FUND
This fund pays for all fleet expenditures (the majority being Fuel and Repairs and Maintenance) for all city vehicles and equipment.
The fleet ranges from Police and Fire vehicles and automobiles, utility vehicles and heavy construction equipment, and parks
vehicles and maintenance equipment.
Begin Fund Balance 121$ 4,000$
Rental Fees 180,726 524,290 34.5%
Misc revenue 980 - 0.0%
YTD Revenues 181,706 524,290 34.7%
Operating Supplies 2,205 6,300 35.0%
Fuel 53,078 225,000 23.6%
Other services/Charges 46,117 95,172 48.5%
Vehicle Repairs & Maint.Police 8,838 52,000 17.0%
Vehicle Repairs & Maint.Fire 9,933 52,800 18.8%
Vehicle Repairs & Maint.EMS 13,748 33,000 41.7%
Vehicle Repairs & Maint.Other 13,435 37,200 36.1%
Interfund Payment for Services 6,546 20,500 31.9%
YTD Expenditures 153,900 521,972 29.5%
End Fund Balance 27,927$ 6,318$
FUND 503 EQUIPMENT RENTAL REPLACEMENT FUND
This fund is used to account for the accumulation of resources for the future replacement of vehicles and equipment when the
useful lives of those vehicles and equipment is nearing the end.
Begin Fund Balance 1,193,577$ 1,325,000$
Rental Fees 75,788 415,810 18.2%
Interest Income 1,638 8,000 20.5%
YTD Revenues 77,426 423,810 18.3%
YTD Expenditures 177,303 384,900 46.1%
End Fund Balance 1,093,700$ 1,363,910$
19
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APRIL BUDGET
INTERNAL SERVICE FUNDS - cont.FUND NAME 2014 2014 %
FUND 504 PUBLIC WORKS GROUNDS & FACILITIES MAINTENANCE & OPERATIONS FUND
This fund is responsible for the maintenance and operations of the airport, cemetery, parks and public areas, and
all City owned facilities.
Begin Fund Balance 9,106$ 8,000$
Other Misc. Revenues - General Fund Support 245,673 737,001 33.3%
Other Misc. Revenues - Airport Support 127,662 362,062 35.3%
Other Misc. Revenues - Utility Fund Support 4,000 12,000 33.3%
Other Misc. Revenues - Cemetery Support 2,500 7,500 33.3%
Other Misc. Revenues - Building Rental Income 6,660 17,300 38.5%
Charges for Services - Ball Field Use 5,746 8,300 69.2%
Interest Income 23 1,000 2.3%
Non-Revenues - 29,000 0.0%
392,264 1,174,163 33.4%
Salaries & Wages 132,099 539,523 24.5%
Personnel Benefits 46,459 199,715 23.3%
Supplies 18,908 55,350 34.2%
Other services/Charges 105,408 289,975 36.4%
Interfund Payment for Services 39,719 87,600 45.3%
Capital Expenditures 692 - 0.0%
Interfund Transfers - 1,500 0.0%
YTD Expenditures 343,285 1,173,663 29.2%
End Fund Balance 58,085$ 8,500$
PRIVATE PURPOSE TRUST FUNDS (620 - 629)
- to report all trust arangements under which principal and interest benefit individualS, private organizations and other
governments.
FUND 622 CEMETERY PRE-NEED TRUST FUND
This funds is used to account for dollars where individuals have pre-paid for their items needed at the time of burial.
Begin Fund Balance 20,356$ 16,000$
Sale of Liner/Vaults 2,090 10,000 20.9%
Interest Income 29 200 14.5%
2,119 10,200 20.8%
YTD Expenditures - 10,100 0.0%
End Fund Balance 22,475$ 16,100$
20
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APRIL BUDGET
FUND NAME 2014 2014 %
AGENCY FUNDS (630 - 699)
- used to account for assets held by a government as an agent for individuals, private organizations, other governments,
and/or funds.
FUND 630 ARLINGTON TRANSPORTATION BENEFIT DISTRICT (TBD)
The TBD began receiving sales tax revenues in March 2014 to be used to fund street improvments.
This is a separate entity from the City and will be audited separately by the State Auditor's Office.
Begin Fund Balance -$ -$
Sales Tax 112,700 600,000 18.8%
Interest Income - 500 0.0%
YTD Revenues 112,700 600,500 18.8%
YTD Expenditures 14,647 468,500 3.1%
End Fund Balance 98,053$ 132,000$
PERMANENT FUNDS ( 700-799)
- to report resources that are resticted to the extent that only earnings (interest), not principal, can be used to support the local
government's applicable program.
FUND 702 CEMETERY ENDOWMENT FUND
The Cemetery collects a perpetual care fee for each plot sold, either at the time of need or on a pre-need sale. Those funds are held
in this fund and the interest earned can be transferred to the Cemetery Fund, if needed, to help cover the costs of maintaining
the grounds of the Cemetery into perpetuity.
Begin Fund Balance 227,745$ 220,000$
Endowed Care Funds 8,099 12,000 67.5%
Interest Income 320 1,500 21.3%
YTD Revenues 8,419 13,500 62.4%
YTD Expenditures - 2,500 0.0%
End Fund Balance 236,164$ 231,000$
21