HomeMy WebLinkAbout02-09-2015 Council Workshop
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Deana
APPROVAL OF THE AGENDA
Mayor Pro Tem Chris Raezer
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. Professional Services Agreement - Shockey Planning Group ATTACHMENT A
Staff Presentation: Marc Hayes
Council Liaison: Marilyn Oertle
2. Ordinance Amending AMC Chapter 9.56 re Solicitation ATTACHMENT B
Staff Presentation: Steve Peiffle/Bruce Stedman
Council Liaison: Jesica Stickles
3. Professional Services Agreement - Doug Schmidt ATTACHMENT C
Staff Presentation: Bruce Stedman
Council Liaison: Jesica Stickles
4. PARC applicant Christopher St. John ATTACHMENT D
Staff Presentation: Kristin Banfield
Council Liaison: Marilyn Oertle
Mayor Pro Tem Chris Raezer will act as Chair for remainder of meeting
5. 2015 Hotel/Motel Tax Distribution ATTACHMENT E
Staff Presentation: Roxanne Guenzler
Council Liaison: Mayor Pro Tem Chris Raezer
6. Miscellaneous Council Items
EXECUTIVE SESSION
Arlington City Council Workshop
Monday, February 9, 2015 – 7:00p.m.
City Council Chambers ~ 110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
RECONVENE
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters on the Council Workshop agenda.
Please limit your remarks to three minutes.
ADJOURNMENT
Mayor Pro Tem Chris Raezer
To open all attachments, click here
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
February 9, 2015
SUBJECT:
Authorization to Contract with Shockey Planning Group for 2015
ATTACHMENTS:
Draft Contract
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: $57,000
BUDGET CATEGORY: GF – Prof Svcs-Non Reimb Planning
LEGAL REVIEW:
DESCRIPTION:
The attached contract and scope of work describes the work to be done by the
Shockey Planning Group from January 1 through December 31, 2015. The main focus
of this year’s contract is to assist the Planning Department with completing the City’s
Comprehensive Plan update for GMA compliance by the June 30th 2015 deadline.
There are several other planning assignments outlined in the contract that the city
will need assistance on.
HISTORY:
The City has contracted with the Shockey Planning Group in 2014 and this is a
request for continuation of this service.
ALTERNATIVES
None at this time.
RECOMMENDED MOTION:
No action at this time. At the February 17th Council meeting, the proposed motion
will be “I move to approve the contract with the Shockey Planning Group for 2015
and authorize the Mayor to sign it.”
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
February 9, 2015
SUBJECT:
Ordinance Amending AMC Chapter 9.56 re Solicitation
ATTACHMENTS:
- Draft Ordinance
- Letter from ACLU
DEPARTMENT OF ORIGIN
Police—Bruce Stedman; Legal—Steve Peiffle
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The City’s ordinance regarding solicitation is codified in Chapter 9.56, which
governs both solicitation and unlawful camping. The proposed ordinance would
make changes to the solicitation portion of the ordinance.
HISTORY:
The City adopted ordinance 2014-010 in July of 2014. On December 1, 2014, the
ACLU corresponded with the City and requested that we review the ordinance in
light of concerns that the ordinance exceeded the City’s constitutional authority.
ALTERNATIVES
Adopt some revisions, no revisions, or additional revisions
RECOMMENDED MOTION:
Discussion only at the workshop meeting
ORDINANCE NO. 20154-XXX 1
ORDINANCE NO. 20154--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 9.56
REGARDING PUBLIC SOLICITATION AND CAMPING
WHEREAS, the City of Arlington, Washington has the authority to enact laws to protect
citizens and visitors to the City; and
WHEREAS, the City previously enacted regulations intended to protect the members of
the public and persons engaged in solicitation activities, which regulations have been codified in
Arlington Municipal Code Chapter 9.56; and
WHEREAS, the City has been asked to review those regulations in light of concerns
about constitutional restraints; and
WHEREAS, the City Council wishes to avoid litigation over the constitutionality of its
ordinance and believes that the following amendments to the ordinance will resolve any
questions about constitutionality of the ordinance provisions;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 9.56.010 shall be and hereby is amended to
read as follows:
9.56.010 Findings. The City Council finds as follows:
(1) Consistent with the findings of other Washington State Cities, the city
council finds that it is important to the general welfare of the citizens and
residents of the city to protect and preserve the public safety of pedestrians and to
insure the safe and efficient movement of pedestrian and vehicular traffic in
public places. The city council further finds that public places as defined in this
sectionrights of way serve the primary purpose of enabling pedestrian and
vehicular traffic to safely and efficiently move about from place to place and that
public places rights of way have become increasingly congested and should be
maintained to serve their primary purpose.
(2) Arlington, as well as other cities in Washington, has experienced an
increase in the number of incidents of aggressive coercive solicitation by
individuals towards pedestrians, and vehicular traffic and others and that such
interference in public places deteriorates from the primary purpose and threatens
public health, safety and welfare.can cause citizens to reasonably fear for their
safety, and can cause children and the elderly to feel compelled to make donations
they would not otherwise be willing to make out of fear for their safety.
ORDINANCE NO. 2014-XXX 2
(3) The city has a compelling interest in protecting its citizens and its
most vulnerable residents and visitors from threatening, intimidating or harassing
behavior caused by coercive solicitations, in preserving the quality of life and in
protecting and preserving public health, safety and welfare.
(4) The City has an interest in while discouraging the use of public parks
as temporary living quarters.
Section 2. Arlington Municipal Code section 9.56.020(6) shall be and hereby is
amended to read as follows:
(6) “Coerce” or “coercive” means to do any of the following with intent:
(a) To approach, speak or gesture to a person in such a manner as would
cause a reasonable person to believe that the person is being threatened
with a commission of a criminal act upon the person, another person or
property in the person’s possession; or
(b) To approach within one foot of a person for the purpose of making a
solicitation without obtaining said person’s initial consent; or
(c) To persist in a solicitation after the person solicited has given a
negative response; or
(d) To impede the passage of a person, pedestrian traffic, a vehicle or
vehicular traffic while making a solicitation including, but not limited to,
public places adjacent to any public roadway where the solicitation is
directed or intended to attract the attention of the occupant of any vehicle
stopped or traveling on the roadway, unless said vehicle is legally parked;
or
(e) To engage in conduct that would reasonably be construed as intended
to compel or force a person being solicited to accede to demands; or
(fe) To make any false or misleading representation in the course of
making a solicitation.
(gf) Soliciting in a manner that exploits children.
(hg) Solicit under the influence of alcohol and or controlled substances.
Section 3. Arlington Municipal Code section 9.56.020(11) shall be and hereby is
amended to read as follows:
(11) “Solicitation” for the purposes of this chapter is any means of asking,
begging, requesting, or pleading made in person, orally or in a written or printed
manner, directed to another person, requesting an immediate donation of money,
contribution, alms, financial aid, charity, gifts of items or service of value, or the
purchase of an item or service for an amount far exceeding its value, under
circumstances where a reasonable person would understand that the purchase is in
substance a donation.
ORDINANCE NO. 20154-XXX 3
Section 4. Arlington Municipal Code section 9.56.060 shall be and hereby is amended to
read as follows:
9.56.060 Time and Place of Solicitation—Evidentiary presumptions.
(a) The trier of fact shall be entitled to presume that solicitation is coercive if said
solicitation occurs during hours of darkness, between sundown and sunrise. It
shall be unlawful to make solicitation to a person, pedestrian traffic, a vehicle or
vehicular traffic on public property before eight a.m. or after eight p.m.
(b) The trier of fact shall be entitled to presume that solicitation obstructs
vehicular or pedestrian traffic if said solicitation occurs:
(1) Within 50 feet of an on or off ramp; or
(2) Within 50 feet of an intersection of a state highway or any city
street arterial designated as such within the transportation element of the
city’s comprehensive plan.
(c) The trier of fact shall be entitled to presume that solicitation is coercive if
said solicitation occurs in any of the following locations:
(1) Within 50 feet of any school zone or daycare/preschool when
children are present;
(2) Within 50 feet of any nursing home or assisted living facility;
(3) Within 50 feet of any financial institution or automated teller
machine, or any public transportation facility;
(4) On private property, unless the solicitor has prior written
permission from the owner or occupant;
(5) On any public transportation vehicle; or
(6) Within 25 feet of any occupied handicapped parking space.
(d) The presumption created by this section may be rebutted by a preponderance
of the evidence presented to the trier of fact.
Section 5. Arlington Municipal Code section 9.56.070 shall be and hereby is repealed:
Section 6. 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 7. 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
_______________, 2015.
ORDINANCE NO. 2014-XXX 4
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
February 9, 2015
SUBJECT:
Contract for Medical Services Administrator
ATTACHMENTS:
Draft Personal Services Agreement
DEPARTMENT OF ORIGIN
EMS
EXPENDITURES REQUESTED: Yes, up to $18,000
BUDGET CATEGORY: EMS
LEGAL REVIEW:
DESCRIPTION:
The position of Medical Services Administrator (MSA) was eliminated in the 2015
budget due to reduced revenues and increased expenditures. The role of the MSA is
required to provide over-site and provide or arrange necessary training to EMT’s and
Paramedics. Supervision is necessary to ensure that we comply with state licensing
and medical protocols.
HISTORY:
The previous MSA position performed a variety of duties in addition to being the
Division Chief for EMS. The other non-medical related duties have been re-assigned
to staff and the core duties for this contract position have been identified in Exhibit A
of the proposed contract. It is necessary to have an individual who is already familiar
with Arlington Fire perform these duties while, at the same time, training current
staff. During this six month timeframe, the Fire Department will be looking at other
options for sustainability.
ALTERNATIVES
None at this time
RECOMMENDED MOTION:
No action at this time. At the February 17th Council meeting, the proposed motion
will be “I move to approve the Professional Services Agreement with Douglas
Schmidt for limited MSA duties for a period of six months and authorize the Mayor
to sign it.”
Page 1 of 7
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 18 day of February, 2015 by and
between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred
to as the "CITY" and DOUGLAS SCHMIDT, hereinafter referred to as the "SERVICE
PROVIDER."
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the SERVICE PROVIDER represents that the SERVICE PROVIDER is
qualified and possesses sufficient skills and the necessary capabilities, including technical and
professional expertise, where required, to perform the services and/or tasks set forth in this
Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services. The SERVICE PROVIDER shall perform such services and
accomplish such tasks, including the furnishing of all materials and equipment necessary
for full performance thereof, as are identified and designated as SERVICE PROVIDER
responsibilities throughout this Agreement and as detailed in and attached hereto as
Exhibit "A.”
2. Term. The contracted service shall begin on February 18, 2015, and shall be for a term of
six (6) months ending August 17, 2015, unless sooner extended or terminated according
to the provisions herein.
3. Compensation And Method of Payment.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved in
writing by the CITY.
3.2 No payment shall be made for any service rendered by the SERVICE PROVIDER
except for services identified and set forth in this Agreement.
3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this
Page 2 of 7
Agreement as follows: SERVICE PROVIDER shall submit monthly invoices to
Acting Fire Chief Tom Cooper detailing work performed, time allotted, and
expenses for which reimbursement is sought. CITY shall approve all invoices
before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice.
3.4 The SERVICE PROVIDER shall be paid $ 50.00 per hour not to exceed fifteen
(15) hours per week.
4. Reports And Inspections.
4.1 The SERVICE PROVIDER at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The SERVICE PROVIDER shall at any time during normal business hours and as
often as the CITY or State Auditor may deem necessary, make available for
examination all of its records and data with respect to all matters covered, directly
or indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the SERVICE PROVIDER'S activities. The
CITY may, at its discretion, conduct an audit at its expense, using its own or
outside auditors, of the SERVICE PROVIDER'S activities which relate, directly
or indirectly, to this Agreement.
5. Independent Contractor Relationship.
5.1 The parties intend that an independent SERVICE PROVIDER/CITY relationship
will be created by this Agreement. The CITY is interested primarily in the results
to be achieved; subject to paragraphs herein, the implementation of services will
lie solely with the discretion of the SERVICE PROVIDER. No agent, employee,
servant or representative of the SERVICE PROVIDER shall be deemed to be an
employee, agent, servant or representative of the CITY for any purpose, and the
employees of the SERVICE PROVIDER are not entitled to any of the benefits the
CITY provides for its employees. The SERVICE PROVIDER will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDER is an independent contractor with the authority to control and direct
the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the CITY and shall be subject to
Page 3 of 7
the CITY'S general rights of inspection and review to secure the satisfactory
completion thereof.
6. Hold Harmless/Indemnification.
6.1 Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts,
errors or omissions of the Consultant in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
6.2 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
7. Treatment of Assets. Title to all property furnished by the CITY shall remain in the
name of the CITY and the CITY shall become the owner of the work product and other
documents, if any, prepared by the SERVICE PROVIDER pursuant to this Agreement.
8. Compliance with Laws.
8.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply
with all applicable federal, state or local laws and ordinances, including
regulations for licensing, certification and operation of facilities, programs and
accreditation, and licensing of individuals, and any other standards or criteria as
described in this Agreement to assure quality of services.
8.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and
occupation (B&0) taxes which may be due on account of this Agreement.
9. Nondiscrimination.
9.1 The CITY is an equal opportunity employer.
9.2 Nondiscrimination in Employment. In the performance of this Agreement, the
SERVICE PROVIDER will not discriminate against any employee or applicant
for employment on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap; provided
that the prohibition against discrimination in employment because of handicap
shall not apply if the particular disability prevents the proper performance of the
particular worker involved. The SERVICE PROVIDER shall take such action
with respect to this Agreement as may be required to ensure full compliance with
local, state and federal laws prohibiting discrimination in employment.
9.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate
Page 4 of 7
against any recipient of any services or benefits provided for in this Agreement on
the grounds of race, creed, color, national origin, sex, marital status, age or the
presence of any sensory, mental or physical handicap.
9.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The SERVICE PROVIDER shall take such action as may be
required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
10. Assignment/Subcontracting.
10.1 The SERVICE PROVIDER shall not assign its performance under this
Agreement or any portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
SERVICE PROVIDER not less than thirty (30) days prior to the date of any
proposed assignment. The CITY reserves the right to reject without cause any
such assignment.
10.2 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
11. Changes. Either party may request changes to the scope of services and performance to
be provided hereunder, however, no change or addition to this Agreement shall be valid
or binding upon either party unless such change or addition be in writing and signed by
both parties. Such amendments shall be attached to and made part of this Agreement.
12. Maintenance and Inspection of Records.
12.1 The SERVICE PROVIDER shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable times
to inspection, review, or audit, by the CITY, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this
Agreement.
13. Other Provisions. If changes in state law necessitate that services hereunder be
expanded, the parties shall negotiate an appropriate amendment. If after thirty (30) days
of negotiation, agreement cannot be reached, this Agreement may be terminated by the
City no sooner than sixty (60) days thereafter.
Page 5 of 7
14. Termination.
14.1 Termination for Convenience. Either party may terminate this Agreement with at
least thirty (30) days written notice to the other party.
14.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the
manner called for in this Agreement, or if the SERVICE PROVIDER fails to
comply with any other provisions of the Agreement and fails to correct such
noncompliance within five (5) days written notice thereof, the CITY may
terminate this Agreement for cause. Termination shall be effected by serving a
notice of termination on the SERVICE PROVIDER setting forth the manner in
which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will
only be paid for services performed in accordance with the manner of
performance set forth in this Agreement.
15. Notice. Notice provided for in this Agreement shall be sent by certified mail to the
addresses designated for the parties on the signature page of this Agreement.
16. Attorneys Fees and Costs. If any legal proceeding is brought for the enforcement of this
Agreement, or because of a dispute, breach, default, or misrepresentation in connection
with any of the provisions of this Agreement, the prevailing party shall be entitled to
recover from the other party, in addition to any other relief to which such party may be
entitled, reasonable attorney's fees and other costs incurred in that action or proceeding.
17. Jurisdiction and Venue.
17.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both as
to interpretation and performance.
17.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
18. Severability.
18.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
Page 6 of 7
18.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
19. Entire Agreement. The parties agree that this Agreement is the complete expression of
the terms hereto and any oral representations or understandings not incorporated herein
are excluded. Further, any modification of this Agreement shall be in writing and signed
by both parties. Failure to comply with any of the provisions stated herein shall constitute
material breach of contract and cause for termination. Both parties recognize time is of
the essence in the performance of the provisions of this Agreement. It is also agreed by
the parties that the forgiveness of the nonperformance of any provision of this Agreement
does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: SERVICE PROVIDER:
CITY OF ARLINGTON DOUGLAS SCHMIDT
___________________________ ____________________________
Barbara Tolbert, Mayor Douglas Schmidt, Sole Proprietor
238 N. Olympic Avenue ____________________________
Arlington, WA 98223 ____________________________
Attest:
____________________________
Kristin Banfield, City Clerk
Page 7 of 7
Exhibit “A”
1. QA’s with Dr Cooper
2. EMS Council Representative
3. Controlled Substances oversight and training
4. EMS personnel issues
5. Assist Alex Jenness with ESO issues
6. Assist and train a Captain with EMS Online
7. Any other EMS related projects
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
D
COUNCIL MEETING DATE:
February 9, 2015
SUBJECT:
Appointment to Park, Arts and Recreation Commission- Christopher St. John
ATTACHMENTS:
Application
DEPARTMENT OF ORIGIN
Executive
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Applicant was interviewed on January 27, 2015. Interview panel is recommending
appointment to PARC for a 4 year term that expires April 1, 2018.
HISTORY:
Currently there are two vacancies on PARC.
ALTERNATIVES
Do not appoint.
RECOMMENDED MOTION:
Workshop, for information only.
APPLICATION FOR BOARDS & COMMISSIONS
Name Christopher St. John
Address*4010 B 166th Place NE
Phone (home)209-640-2455 Phone (work)209-640-2455
E-mail address christophernstjohn@yahoo.com
I am interested in serving on the following Boards and Commissions (check all that apply)
Airport Commission Civil Service Commission
Parks, Arts, and Recreation Commission Cemetery Board
Library Board Planning Commission
Lodging Tax Advisory Committee
Background/Experience/Interest
I'm currently unemployed and would like to make a positive influence in the community!
Thank you for your time.
Christopher N. St. John
Date:11/05/14
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
E
COUNCIL MEETING DATE:
February 9, 2015
SUBJECT:
Hotel Motel Tax Distributions
ATTACHMENTS:
1) Spreadsheet listing applications and funding recommendations
2) Sample grant application
3) Sample contract
DEPARTMENT OF ORIGIN
Finance
EXPENDITURES REQUESTED:
BUDGET CATEGORY: Hotel-Motel Tax Fund
LEGAL REVIEW:
DESCRIPTION:
For the 2015 funding process, twelve applications were received totaling $ 132,784.92.
The Lodging Tax Committee met on February 3, 2015 to review and make
recommendations for funding. Eleven applications were approved for funding
totaling $ 95,000.00.
Organizations who are awarded the funds will be required to enter into a contract
with the City and abide by the terms.
The City received $111,427.46 in Hotel Motel Taxes in 2014 and expect to receive a
greater amount in 2015 with the addition of Best Western Plus in Smokey Point.
HISTORY:
The City began collecting a 2% Hotel-Motel Tax in 2005. Revenues generated from
the tax are to be used for tourism promotion and tourism-related facilities.
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
E
ALTERNATIVES
RECOMMENDED MOTION:
Discussion only. The council will be requested to approve the funding of the selected
applications totaling $95,000 as recommended by the Lodging Tax Advisory
Committee at the February 16, 2015 meeting.
Project Sponsor/Contractor
2015 Hotel/Motel
Project Title
Grant Application
Total Project Match
Amount Comm¡ttee
Requested Recommends66.67%
7 Arlington Arts Council Live Performing Arts $ 40,ooo.oo S 15,ooo.oo S 26,66s.00 s 25,000.00 S 15,ooo.oo s 15,000.00
2 Arlington Fly-lnn Promotion/Advertising S 79,2so.oo s 55,750.00 S 16,500.00 S rr,sso.oo s 20,s00.00s 52,835.98
3 Arlington Rotary Club 4th of July Fireworks s 7,600.00 s 2,533.08 S s,oss.sz s 5,000.00 S 5,066.92S s,oso.gz
4 Arlington Smokev Point Chamber üisitor's lnformation Center (VlC)5 !4,677.OO S s,sso.oo S 9,027.00 S g,roo.oo s 8,077.005 g,zss.rs
5 Arlineton Smokev Point Chamber 4th of Julv Kid's-Carnival in Leeion Park s 2,6s0.00 S gzs.oo S z,tzs.oo S 7so.oo s 1,631.085 L,766.76
6 Arlington Smokey Point Chamber 4th of Julv-Smokev Pt Carnival 5 7,296.00 5 2,325.00 S q,aaq.zq S 4,971.00 5 +,sso.oo S s,620.9s
7 Sitv of Arlington Haller Boat Ramp S 37,860.00 s 21,860.00 5 25,24r.26 $ 16,000.00 s 11,550.00 s
8 Citv of Arlineton Stillaeuamish Eaele Festival S 14,616.00 S g,¿ro.oo S gtqq.qs S s,zoo.oo s s,200.00 S s,2oo.oo
9 City of Arlington Summer Events in the Park s L2,260.O0 S 3,8oo.oo s 8,173.74 $ 8,460.00 s 8,100.00 s 6,340.00
10 DABA Event Advertisine S 14,4oo.oo S s,soo.oo s 9,600.48 S g,goo.oo s 8,9oo.oo s 7,800.00
11 Red Rooster Marketing
Rack Cards; Community Transit Signs;
Virtual tour Dev.S o,¡ss.oo S z,szo.oo S 4,236.88 s 4,035.00 no commitment s
L2 Stillasuamish Vallev Genealoev Societv Northwest Genealosv Conference s 55,ooo.oo s 27,500.00 S 36,668.s0 s 27,s00.00 S rs,ooo.oo S 11,9zo.oo
s 291,964.00 s 152,029.03 5 L94,652.4O 5 t32,784.92 S 95,000.00 s 87,155.95
2015 S
Balance S
95,000.00
ù
20ts
TOURISM I ECONOMIC DEVELOPMENT
GRANTS
RBQUEST FOR GRAI\T FUI\DING
SUBMITTAL DEADLINE' - October 17,2014,5:00 p.r.
PLEASE SEND (1) COPTES TO:
CITY OF ARLINGTON
238 N. OLYMPIC
ARLINGTON, V/A 98223
ATTN: ROXANNE GUENZLER, FINANCE DIRECTOR
r)
REQUEST FOR GRANT FTINDS
TOURISM / ECONOMIC DEVELOPMENT
HOTEL / MOTEL TAX
The City of Arlington is accepting applications from public and non-profit agencies for projects that
assist tourism development and promotion in the City. The program is funded through the taxes
collected on hotel and motel room rents in the City of Arlington.
The City will have funds available to award to eligible applicants on a competitive basis with the ability
to complete their projects by December 31,2015.
Applications are available on the City's Website at r,vwrv.arlingtonrva.qov or by contacting the Finance
Department, 238 N. Olympic Ave, Arlington, WA 98223. (360-403-3424). Completed applications are
due in the Finance Department office by 5:00 p.m. on October 17,2014.
No applications received after that time and date will be considered for funding.
Each proposal submitted will be considered by the Lodging Tax Advisory Committee for
recommendation to the City Council for final decision. The committee shall have the authority to
negotiate concerning the content ofany applicant's proposal.
Successful applicants will be required to enter into a contract with the City to provide reimbursement.
Reimbursement by the City will be due after performance under the contract is complete.
What can a municipality fund with lodging tax revenues?
. Tourism marketing,
¡ Marketing and operations of special events and festivals,
. Operations of tourism-related facilities owned by non-profit organizations,
¡ Operations and capital expenditures of tourism related facilities owned by municipalities or
public facilities districts.
The Washington State Legislature passed Engrossed Substitute House Bill 1253 during 2013 which
amended the Revised Code of Washington 67 .28. and changed some reporting requirements.
Successful applicants will be required to submit an annual report of lodging tax expenditures for
festivals, special events and tourism related facilities owned by local jurisdictions or non-profit
organizations describing the actual number of people traveling for business or pleasure on a trip:
(a) Away from their place of residence or business and staying overnight in paid
accommodations;
(b) To a place fifty miles or more -one way- from thei¡ place of residence or business for the day
or staying ovemight; or
(c) From another country or state outside of their place of residence or their business.
The municipality receiving these reports (as stated in the updated RCW) must submit and annual report
which includes this information. These reports will be made available to the City Council and the public
(posted on the City's website), and will be furnished to the State Joint Legislative Audit and Review
Committee and the Local Lodging Tax Advisory Committee, per the new legislation.
CITY OF ARLINGTON
TourismÆconomic Development
Grant Application
PROJECT SPON,SOR ITIFORMA-TION l
Name of the Organization:
Proiect Fundins Year:2015
Proiect Dates:
Contact Person (person who wrote or has the most knowledge about this application):
Mailins Address:
Ci State: Zip:
E-mail address:
Project Sponsor þerson with legal authority to sign a contract with the City):
Address:
Citv:State:
Non-Profit
Federal Tax ID Number UBINumber
Organization is a (Select one) Govemment Agency
Estimated number of ovemight stays from the event:
Amount Requested: $Match: S
Total Project Budget: $
These totals must equal the numbers on the project budget page
PROJECT ELIGIBILITY
Following is the update Revised Code of the Washington (RCW) describing these funds.
RCW 67.28.080 - (1) Lodging tax revenues can be used, directly by any municipality or indirectly
through a convention and visitors bureau or destination marketingorganization for: (a) tourism
marketing; (b) The marketing and operations of special events and festivals designed to attract tourists;
(c) Supporting the operations and capital expenditures of tourism-related facilities owned or operated by
a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW; or (d)
supporting the operations of tourism-related facilities owned or operated by non-profit organizations
described under 26 U.S.C. Sec. 501 (c) (3) atd26 U.S.C Sec. 501 (c) (6) of the internal revenue code of
1986, as amended.
(Z) (a) Except as provided in (b) of this subsection, applicants applying for use of revenues in this
chapter must provide the municipality to which they are applying estimates of how any moneys received
will result in increases in the number of people traveling for business or pleasure on a trip: (i) Away
from their place of residence or business and staying overnight in paid accommodations;
(ii) To a place fifty miles or more one way from their place of residence or business for the day or
staying overnight; or
(iii) From another country or state outside of their place of residence or business.
(b) (Ð In a municipality with a population of five thousand or more, applicants applying for use of
revenues in this chapter must submit their applications and estimates described under (a) of the
subsection to the local lodging tax advisory committee.
(ii) The local lodging tax advisory committee must select the candidates from amongst the applicants
applying for use of revenues in this chapter and provide a list of such candidates and recommended
amounts of funding to the municipality for final determination. The municipality may choose only
recipients from the list of candidates and recommended amounts provided by the local lodging tax
advisory committee.
(c) (i) All recipients must submit a report to the municipality describing the actual number of people
traveling for business or pleasure on a trip:
(A) Away from their place of residence or business and staying overnight in paid accommodations;
(B) To a place fifty miles or more one way from their place of residence or business for the day or
staying overnight; or
(C) From another country or state outside of their place of residence or their business. A municipality
receiving a report must: Make such report available to the local legislative body and the public; and
furnish copies of the report to the joint legislative audit and review committee and members of the local
lodging tax advisory committee.
(ii) The joint legislative audit and review committee must on a biennial basis report to the economic
development committees of the legislature on the use of lodging tax revenues by municipalities.
Reporting under this subsection must begin in calendar yeat 2015.
(d) This section does not apply to the revenues of any lodging tax authonzed under this chapter imposed
by a county with a population of one million f,rve hundred thousand or more.
Sec. 2. RCW 67.28.080 and2007 c 497 s I are each reenacted and amended to read as follows: The
definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)
"Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing,
expansion, repair, and improvement, including paying or securing the payment of all or any portion of
general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose
or purposes under this chapter.
(2) "Municipality" means any county, city or town of the state of Washington.
(3) "Operation" includes, but is not limited to, operation, management, and marketing.
(4) "Person" means the federal government or any agency thereof, the state or any ageîcy, subdivision,
taxing district or municipal corporation thereof other than county, city or town, any private corporation,
partnership, association, or individual.
(5) "Tourism" means economic activity resulting from tourists, which may include sales of overnight
lodging, meals, tours, gifts, or souvenirs.
(6) "Towism promotion" means activities, operations, and expenditues designed to increase tourism,
including but not limited to advertising, publicizing, or otherwise distributing information for the
purpose of athacting and welcoming tourists; developing shategies to expand tourism; operating tourism
promotion agencies; and funding the marketing of or the operation of special events and festivals
designed to attract tourists.
(7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more
years, or constructed with volunteer labor that is: (a)(i) Owned by a public entþ; (ii) owned by a
nonprofit organizationdescribed under section 501(c)(3) of the federal intemal revenue code of 1986, as
amended; or (iii) owned by a nonprofrt organizafion described under section 501(c)(6) of the federal
internal revenue code of 1986, as amended, a business organization, destination marketing organization,
main street organization, lodging association, or chamber of commerce and (b) used to support tourism,
performing arts, or to accommodate tourist activities.
Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and takes effect July l, 2013.
IMPACT ON THE HOTEL _ MOTEL FUND
The Hotel - Motel Fund receives revenues entirely from taxes on hotel and motel stays in the City.
One key evaluation criteria is how funding a particular project or event may help to provide ongoing
revenues for the fund.
A. Please provide a full description of your project or event. Use a separate sheet of paper if needed.
B. Please indicate how your project will enhance the long-term health and stability of the fund and,
especially, how it might result in ovemight stays.
C. Quantifu your projections and indicate how you propose to verify your results.
If your project will not result directly in overnight stays, try to demonstrate how its success may
contribute to futu¡e overnight stays. An example might be a one-day festival you sponsor, when
combined with - and jointly marketed with - an event the following day which may appeal to the same
audience, might encourage visitors to spend the night and attend both events. In this example, it would
be important to discuss the timeframe and strategy for future implementation of an appropriate
cooperative marketing campaign to link your one-day festival with the second one. Again, quantify
your projections and explain the methodology by which you developed them. Use a separate sheet of
paper ifneeded.
PROJECT BUDGET
Please detail the budget for your project. Remember that though the City will pay no personnel costs
(wages, benefits, etc.), such costs are eligible as a portion of your matching portion. The City canpay a
share of such costs as postage, design and layout of printed materials, printing, and communications.
Please specify whether your various match items will be either cash (C) or in-kind (VK).
Project Name:
Item Citv Match Cash In-Kind Total
1.$$s
2.$s s
J.$$s
4.s $$
5.$s $
6.$$$
7.$$$
8.$$$
9.$$$
10.$$s
Totals:
$$s
These totals must match the Grant Application page.
BUDGET NARRATIVE
In the space below please offer any information which you feel may provide useful background on your
proposed budget such as source and rate at which matching labor costs are calculated, numbers of
promotional pieces to be produced, numbers of media ads to be placed, media outlets to be used, etc.
PROJECT TIME LINE
Please use the chart below to break out your project into its major items, showing when each is planned
to be accomplished.
MONTH TASK ITEM
JANUARY
FEBRUARY
MARCH
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
Please use the space below to provide any necessary background on elements of your project time line.
CONTRACTOR:
ADDRESS:
PROJECT:
AMOUNT:
FUND SOURCE:
TERMINATION:
City of Arlington Hotel Motel Tax
December 31,2015
CONTRACT FOR HOTEL/MOTEL FUND PROJECTS
THIS AGREEMENT between the City of Arlinglon ("City") and
("Contractor"); WITNESSETH, that the parties agree as follows:
1. Scope of Services to be Performed b)¡ Contractor. As defined in Attachment A appended
hereto.
2. Time of Performance. The Contractor is to complete the work required by this Contract
no later than December 31 ,2014.
3. Compensation. The City will pay the Contractor for services as set forth in Attachment
A, appended hereto. On completion of the work, the Contractor will submit properly executed
invoices indicating hours expended andlor work performed as appropriate and consistent with the
schedule of work outlined in Attachment A, "Scope of Work". Total charges on this project shall
not exceed the amount listed above.
4. Credit. Any publications or advertising produced as a result of this project will
prominently feature the following credir: MADE POSSIBLE IN PART BY ASSISTANCE
FROM THE CITY OF ARLINGTON HOTEL-MOTEL TAX FUND.
5. Copyrights. Where activities supported by this contract produce original books, articles,
manuals, films, computer programs or other materials, the Contractor may copyright such
materials upon obtaining the prior written approval of the City: PROVIDED that the City
receives a royalty-free, non-exclusive and irrevocable license to reproduce, publish or use such
material. 'Where such license is exercised, appropriate acknowledgment of Contractor's
contribution will be made.
6. Changes. This Contractmay be modified as to terms of performance, terms relating to
compensation, or other matters upon mutual agreement of the parties, and shall become effective
only upon written amendment to this Contract, such amendment to be executed by both parties.
(27-415 SJP/pb)
7. City RevieilApproval. Upon submittal of any report br other information required by the
scope of the work, the City may, following review by the City, accept such work or reject it, or
request such modification or additions as it deems appropriate. Payment for such work will not
be made until the work is accepted by the City.
8, Access to Books/Records. The City may, at reasonable times, inspect the books and
records of the Contractor relating to the performance of this Contract.
9. Hold Harmless. The Contractor shall protect, save harmless, indemnifl and defend, at its
own expense, the City, its elected and appointed offrcials, offrcers, employees and agents, from
any loss or claim for damages of any nature whatsoever, arising out of the performance of this
Contract, including claims by Contractor's employees or third parties, except for those damages
solely caused by the negligence or willful misconduct of the City, its elected and appointed
officials, officers, employees or agents.
10. Legal Requirements. The Contractor shall comply with all applicable federal, state and
local laws in performing this Contract.
I L Termination.
a. If the Contractor breaches any of its obligations hereunder, and fails to cure the same
within ten (10) days of written notice to do so by the City, the City may terminate this Contract,
in which case the City shall pay the Contractor only for the costs of services accepted by the City
prior to the City's notice of termination, in accord with the schedule referenced in section 3.
b. The City may terminate this Contract upon thirfy (30) days written notice to the
Contractor for any reason other than stated in subsection (a) of this section, in which case the
City shall pay the Contractor for all costs incurred by the Contractor in performing the Contract
in accord with the schedule referenced in section 3.
c. Termination shall not affect the rights of the City under section 4, 5,7,8 and t hereunder.
12. Exercise of Rights or Remedies. Failure of either party to exercise any rights or remedies
under this Contract shall not be a waiver of any obligation by either pafi and shall not prevent
either party from pursuing that right at any future time.
13. Records. Contractor must maintain adequate records to support billings. Said records
shall be maintained for a period of five (5) years after completion of this Contract by the
Contractor. The City or any of its duly authorized representatives shall have access to any books,
documents or papers and records of the Contractor which are directly related to this Contract for
the purposes of audit examinations, excerpts or transcripts. Expenditures under this Contract
which are determined by audit to be ineligible for reimbursement and for which payment has
been made to the Contractor shall be refunded to the City by the Contractor.
(27-4t5 SJP/pb)
14. Independent Contractor. Contractor agrees that Contractor will perform the services
under this agreement as an independent contractor and not as an agent, employee or servant of
the City. The parties agree that the Contractor is not entitled to any benefits or rights enjoyed by
employees of the City. Contractor specifically has the right to direct and control Contractor's
own activities in providing the agreed services in accordance with the specifications set out in
this agreement.
15. Consent to Delegate. The Contractor shall not subcontract, assign or delegate any of the
rights, duties or obligations covered by this agreement without the prior express written consent
of the City.
16. Entire Agreement. This document constitutes the entire agreement between the parties.
CONTRACTOR:
Date:
CITY OF ARLINGTON
Roxanne Guenzler, Interim Finance Director
Date:
(27-415 SJP/pb)
ATTACHMENT A
PROJECT SCOPE OF WORK AND BUDGET
CONTRACTOR:
PROJECT:
l.
SCOPE OF WORK
("Contractor") will receive from City of Arlington ("City") the
amount of . Funds will reimburse the Contractor for eligible expenses incurred in
executing the project more fully described in Attachment B appended hereto. Funds will
reimburse the Contractor for eligible expenses incurred in executing the project more fully
described in Attachment B appended hereto.
2. The period of this Contract shall run through December 31,2015.
3. The Contractor will ensure that a substantial amount of any promotional materials
underwritten in whole or in part by City funds will be directed at recipients outside of City of
Arlington to ensure that out-of-city visitors are attracted. This will be accomplished by mailing
materials out of the city and/or by placing appropriate materials with the Snohomish County
Tourism Bureau. Any electronic advertising funded by this contract will be substantially directed
at audiences outside of City of Arlington.
4. For the purposes of this project, expenses eligible for reimbursement are defined as those
listed in the "CITY" column of the budget below. Invoices to the City from the Contractor will
include itemized receipts for all eligible expenditures for which the Contractor seeks
reimbursement. In addition, if City funds underwrite in whole or in part any printed materials,
print advertising or broadcast medium advertising, the Contractor will submit with the
Contractor's reimbursement request for associated costs incurred: three (3) copies of printed
materials; one copy of each print advertisement as printed; and one copy of the text of each
broadcast medium advertisement. City funds will not be used to reimburse any expenses
incurred by the Contractor which provide direct promotional benefit to a specific private business
entity. In order to ensure timely closeout of this project, the Contractor will submit final
invoicing to the City for this project no later than January 10, 2016. _(Initials)
Also, by Februaly 15r2016, the Corrtractor will provide to Cify a final report summarizing
project activity and summarize how grant funds have enhanced cultural tourism in the
City of Arlington.
(27-4ts SJP/pb)
(Initials)