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HomeMy WebLinkAbout07-20-2015 Council Meeting 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. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Deana APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Introduction of Stephanie Shook, new Executive Assistant to the Director of Public Safety Bruce Stedman SWEARING IN Police Officer Penn Cook, Firefighters Matt Urtz and Anna Trenouth and Firefighter/Paramedics Zach Goodsell, Drew Shannon, and Kyle Drewry Bruce Stedman/Steve Peiffle PROCLAMATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Chris Raezer 1. Minutes of the July 6 and July 13, 2015 Council Meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING Arlington City Council Meeting July 20, 2015 at 7:00 p.m. City Council Chambers – 110 E Third St 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. NEW BUSINESS 1. Annual Application of Thermoplastic Traffic Markings ATTACHMENT B Staff Presentation: Jay Downing Council Liaison: Randy Tendering 2. TCPN Interlocal Agreement ATTACHMENT C Staff Presentation: Kurt Patterson Council Liaison: Mayor Pro Tem Chris Raezer 3. BuyBoard National Purchasing Cooperative ILA ATTACHMENT D Staff Presentation: Kurt Patterson Council Liaison: Mayor Pro Tem Chris Raezer 4. CERB Grant Agreement - Arlington Valley Road ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Debora Nelson/Jan Schuette DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here DRAFT Page 1 of 4 Council Chambers 110 East Third July 6, 2015 City Council Members Present by Roll Call: Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson, Jesica Stickles, and Randy Tendering Council Members Absent: None City Staff Present: Paul Ellis, Kristin Banfield, Jim Kelly, Chris Young, Jonathan Ventura, Kristin Garcia, Sheri Amundson, Wendy Van Der Meersche, and City Attorney Steve Peiffle. Also Known to be Present: Jacob Kukuk, Sarah Arney, Kirk Boxleitner, Cristy Brubaker, Craig Christianson, Mike Hopson, Vernon Beach, Gail Allen, Renee DeFreece and family. Mayor Pro Tem Chris Raezer called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Debora Nelson seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS SWEARING IN Mayor Pro Tem Chris Raezer introduced newly appointed Councilmember, Austin B. DeFreece III, who is filling Dick Butner’s vacant seat, Position #6. Austin was then sworn in by City Attorney Steve Peiffle. Austin introduced his family, was welcomed by Councilmembers, and took his seat at the dais. PROCLAMATIONS PUBLIC COMMENT Vernon Beach requested that City Council pass an ordinance regarding religious freedom modeled after those passed in Indiana and Arkansas. CONSENT AGENDA Marilyn Oertle moved and Debora Nelson seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1.Minutes of the June 15 and June 22, 2015 meetings 2.Accounts Payable: EFT Payments and Claim Checks #84787 through #84914 dated June 16, 2015 through July 6, 2015, in the amount of $1,120,278.25. EFT Payments and Payroll Checks #28401 through #28425 dated June 1, 2015 through June 30, 2015 for $1,160,263.82. Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting July 6, 2015 Page 2 of 4 NEW BUSINESS Library Board Appointment Kristin Banfield, Director of HR & Communications, spoke regarding the appointment of Dawn Boyden to the Library Board to serve the remaining term of Samantha Schuller which expires April 2016. Jan Schuette moved and Jesica Stickles seconded the motion to confirm the appointment of Dawn Boyden to the Library Board. The motion was approved by a unanimous vote. Surplus Vehicles and Equipment Kristin Banfield spoke regarding the proposed city owned items to be declared surplus and disposed of at auction. Jesica Stickles moved and Marilyn Oertle seconded the motion to approve the proposed resolution declaring certain property as surplus and authorizing its sale. The motion was approved by a unanimous vote. Street Closure for Skateboard Race event Kristin Banfield spoke regarding the proposed street closure for the third annual skateboard race event. Council comments followed. Marilyn Oertle moved and Debora Nelson seconded the motion to approve the street closure requested by the organizer of Centennial Skate Festival for the Skateboard Race October 10, 2015. The motion was approved by a unanimous vote. Cemetery Tombstone Project Jim Kelly, Public Works Director, spoke regarding implementation of Phase 2 of the Tombstone Project at the Arlington Municipal Cemetery with the Stillaguamish Valley Genealogical Society (SVGS) and Larry Taylor. This project will fund at the proposed reduction of fees and costs for the tombstone project. Randy Tendering moved and Jesica Stickles seconded the motion to approve the reduced headstone fee for the Tombstone Project – Phase 2 as recommended by the Cemetery Board. The motion was approved by a unanimous vote. Increase Finance Department Change Fund Kristin Garcia, Finance Director, spoke regarding a request to increase the Finance Department change fund from $250 to $500. This increase is due to a second change drawer being added at the auditor’s recommendation. Council questions followed. Debora Nelson moved and Marilyn Oertle seconded the motion to adopt the proposed resolution increasing the opening change fund amount to $500 for the Finance Department. The motion was approved by a unanimous vote. Bond Issuance – Fire Apparatus Financing Kristin Garcia spoke regarding the ordinance providing for the issuance and sale of a Limited Tax General Obligation Bond with Cashmere Valley State Bank not to exceed $1,500,000 at an interest rate of approximately 2.54217% for the acquisition of two fire apparatus. Austin DeFreece moved and Marilyn Oertle seconded the motion to approve the proposed Ordinance providing for the issuance and sale of a limited tax general obligation bond in an aggregate principal amount not to exceed $1,500,000. The motion was approved by a unanimous vote. Minutes of the City of Arlington City Council Meeting July 6, 2015 Page 3 of 4 Adoption of Ordinance Approving 2015 Comprehensive Plan Update Chris Young, Community & Economic Development Director, spoke about the City’s Comprehensive Plan Update. Marilyn Oertle moved and Debora Nelson seconded the motion to approve the Ordinance Making Findings and Adopting by Reference Amendments to the Comprehensive Plan and Zoning Map for the City of Arlington as proposed. Willett Comprehensive Plan Amendment and Rezone Chris Young spoke about a request from Guy Willett for an amendment to the Comprehensive Plan and zoning map to change the land use designation on a single lot from Residential Moderate Density to General Commercial. Council comments and questions followed. Marilyn Oertle moved and Debora Nelson seconded the motion to approve the Ordinance approving the Willett Rezone and Comprehensive Plan Amendment. The motion was approved by a unanimous vote. Allen Comprehensive Plan Amendment and Rezone Bidder Chris Young spoke about a request from Gail Allen for an amendment to the Comprehensive Plan and zoning map to change the land use designation on a single lot from Residential Moderate Density to Neighborhood Commercial. Council comments and questions followed. Marilyn Oertle moved and Randy Tendering seconded the motion to approve the Ordinance approving the Allen Rezone and Comprehensive Plan Amendment. The motion was approved by a unanimous vote. WD Arlington Investments, LLC Comprehensive Plan Agreement Chris Young spoke about a request from WD Arlington Investments, LLC for an amendment to the Comprehensive Plan and zoning map to change the land use designation on three lots from General Commercial to Residential High Density. Council questions followed. Marilyn Oertle moved and Randy Tendering seconded the motion to approve the Ordinance approving the WD Arlington Investments, LLC Rezone and Comprehensive Plan Amendment. The motion was approved by a unanimous vote. Settlement Agreement re Pending Litigation Steve Peiffle, City Attorney, spoke about the quiet title action filed by the City to preserve the current use of the property at 7329 Oxford Drive, Arlington, WA for off-street parking and park use, in the amount of $22,000. Council questions and comments followed. Debora Nelson moved and Randy Tendering seconded the motion to approve the Settlement Agreement with Liam Coughlan and to authorize the Mayor to sign it. The motion was approved by a 6-1 vote. ADMINISTRATOR & STAFF REPORTS Paul reminded Councilmembers about the City’s booth at the Street Fair July 10, 11, and 12, and said Wendy would email the sign up schedule to volunteer at the booth. He also mentioned that WSU students have been interviewing citizens and filming for America’s Best Communities Grant, and will continue at the Street Fair. Minutes of the City of Arlington City Council Meeting July 6, 2015 Page 4 of 4 COUNCIL MEMBER REPORTS and MAYOR’S REPORT Randy Tendering, Jesica Stickles, Debora Nelson, Chris Raezer, Marilyn Oertle, and Jan Schuette all gave brief reports, and Austin DeFreece expressed his appreciation for the opportunity to serve as a councilmember, even for a brief time. EXECUTIVE SESSION None ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:48 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street July 13, 2015 Councilmembers Present: Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson, Jesica Stickles, Randy Tendering, and Austin DeFreece Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Chris Young, Kurt Patterson, Jay Downing, Eric Scott, Marc Hayes, Sheri Amundson, Jonathan Ventura, Deana Dean, and City Attorney Steve Peiffle. Council Members Absent: None Also Known to be Present: Bob Nelson, Jacob Kukuk, Sarah Arney, Heather Logan, Jim Chase, Sherri McCarthy, Chad Clay, Frank Barden, Mike Hopson, Cristy Brubaker, and Craig Christianson. Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Chris Raezer moved to approve the agenda. Marilyn Oertle seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Citizen Salary Commission’s Decision Kristin Banfield, Director of HR & Communications, introduced Heather Logan, chairperson of the Citizen Salary Commission. Kristin thanked the members for their time in the process. Heather provided an explanation of the commission’s decision which will go into effect January 1, 2016. Council comments followed. Annual Application of Thermoplastic Traffic Markings M&O Supervisor Jay Downing spoke regarding upcoming work on traffic markings. Council questions and comments followed. TCPN Interlocal Agreement Purchasing Coordinator Kurt Patterson spoke to the proposed interlocal agreement with TCPN as a purchasing option. Brief discussion followed. BuyBoard National Purchasing Cooperative ILA Kurt Patterson spoke to the proposed interlocal agreement with BuyBoard National Purchasing Cooperative as another purchasing option. CERB Grant Agreement – Arlington Valley Road City Engineer Eric Scott provided a brief background and spoke to the grant agreement for Arlington Valley Road. Discussion followed with Eric answering council questions. Sidewalk Replacement Program Permit Center Manager Marc Hayes opened the discussion on the city’s sidewalk replacement program and answered council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT July 13, 2015 Page 2 of 2 Marketing Presentation - TWENTYFIVE Community & Economic Development Director Chris Young introduced Cait Harte and Randal Southam from TWENTYFIVE. Mr. Southam then reviewed their marketing presentation for the City of Arlington. Discussion followed. Miscellaneous Council Items Councilmembers Schuette and Oertle commented on the Citizen Salary Commission’s decision. Mayor Tolbert commented on the transportation package. Executive Session None. Public Comment None. Adjournment The meeting was adjourned at 8:06 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: NB #1 Attachment B COUNCIL MEETING DATE: July 20, 2015 SUBJECT: 2015 Annual Application of Thermoplastic Traffic Markings ATTACHMENTS: None DEPARTMENT OF ORIGIN Maintenance & Operations EXPENDITURES REQUESTED: Not to Exceed $48,554.18 BUDGET CATEGORY: Traffic Control Devices LEGAL REVIEW: DESCRIPTION: This project involves the re-application of approximately 10,676 linear feet of thermoplastic crosswalks, stop bars, and gore lines, and 14 other thermoplastic markings including, arrows and railroad crossing symbols. City staff contacted all companies on the small works roster who perform the application of thermoplastic traffic markings to bid on the project. Two contractors provided bids. The bid results are as follows: Contractor Bid Amount Stripe Rite Inc. $48,554.18 Apply-A-Line, Inc. $64,111.00 Stripe Rite, Inc. came in as the low bidder. Stripe Rite, Inc. has completed thermoplastic application in the past and is a reliable contractor. HISTORY: Each year, staff budgets for annual reapplication of road striping and thermoplastic traffic markings. Annual road striping is completed by Snohomish County per an Inter-local agreement. Annual thermoplastic traffic markings are completed by a contractor from the Small Works Roster. The County is not set up to apply the amount of thermoplastic markings that are in the City. City of Arlington Council Agenda Bill Item: NB #1 Attachment B ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the contract with Stripe Rite, Inc., and authorize the Mayor to sign it. City of Arlington Council Agenda Bill Item: NB #2 Attachment C COUNCIL MEETING DATE: July 20, 2015 SUBJECT: TCPN Interlocal Agreement ATTACHMENTS: 1. Interlocal Agreement 2. Resolution DEPARTMENT OF ORIGIN: Administration EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is being asked to give the Mayor authority to sign an interlocal agreement with The Cooperative Purchasing Network (TCPN) for the purpose of utilizing the network’s collaborative purchasing power. HISTORY: The Central Purchasing Coordinator has found purchasing cooperatives to be a useful tool for purchasing many items used by the City. They offer a wide variety of items that have already been competitively bid thus saving the City time and money. ALTERNATIVES Remand back to staff for additional information. RECOMMENDED MOTION: I move to approve the interlocal agreement with The Cooperative Purchasing Network (TCPN) and the resolution approving the same and authorize the Mayor to sign them. RESOLUTION NO. 2015-XXX 1 RESOLUTION NO. 2015-XXX A RESOLUTION OF THE CITY OF ARLINGTON APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, LEAD AGENCY FOR THE COOPERATIVE PURCHASING NETWORK (“TCPN”) PROVIDING FOR COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CENTRAL PURCHASING COORDINATOR AS OFFICIAL REPRESENTATIVE OF THE CITY OF ARLINGTON RELATING TO THE PROGRAM WHEREAS, the City Council of the City of Arlington (“City”) has been presented a proposed Interlocal agreement by and between the Region 4 Education Service Center, lead agency for The Cooperative Purchasing Network (TCPN), and the City finds said Interlocal to be acceptable and in the best interests of the City and its citizens; and WHEREAS, the City Council of the City of Arlington, WA, pursuant to the authority granted under RCW Chapter 39.34, desires to participate in the described cooperative purchasing program, whose lead agency is Region 4 Education Service Center, and in the opinion of the City participation in the program will be highly beneficial to the taxpayers through the anticipated savings to be realized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, AS FOLLOWS: 1. The terms and conditions of the Interlocal Agreement have been reviewed by the City Council of the City of Arlington and found to be acceptable and in the best interests of the City and its citizens and is in all respects approved. 2. The Central Purchasing Coordinator of the City, Kurt Patterson, acting under the direction of the City Council, is hereby designated to act for the City of Arlington in all matters relating to The Cooperative Purchasing Network, including the designation of specific contracts in which the City desires to participate. 3. This resolution shall be effective upon its passage and approval. RESOLUTION NO. 2015-XXX 2 APPROVED by the Mayor and City Council of the City of Arlington this ______ day of ____________________, 2015. 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: NB #3 Attachment D COUNCIL MEETING DATE: July 20, 2015 SUBJECT: BuyBoard National Purchasing Cooperative Interlocal Agreement ATTACHMENTS: Interlocal Agreement DEPARTMENT OF ORIGIN Administration EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is being asked to give the Mayor authority to sign an interlocal agreement with BuyBoard National Purchasing Cooperative for the purpose of utilizing the network’s collaborative purchasing power. HISTORY: The Central Purchasing Coordinator has found purchasing cooperatives to be a useful tool for purchasing many items used by the City. They offer a wide variety of items that have already been competitively bid thus saving the City time and money. ALTERNATIVES Remand back to staff for additional information. RECOMMENDED MOTION: I move to approve the interlocal agreement with BuyBoard National Purchasing Cooperative and authorize the Mayor to sign it. Page 1 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). NATIONAL PURCHASING COOPERATIVE INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated below by and between The National Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government ("Cooperative Member"). I. RECITALS WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE ANN., STATE FIN. & PROC. § 13-110 (West 2009), and R.I.GEN.LAWS § 16-2-9.2 (2009); and WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members; NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows. II. TERMS AND CONDITIONS 1.Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to that Organizational Interlocal Agreement. 2.Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. 3.Termination. (a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts owed to any vendor have been fully paid. Page 2 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). (b) By the Cooperative. The Cooperative may terminate this Agreement by: (1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member breaches this Agreement; or (2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without cause. (c) Termination Procedure. If the Cooperative Member terminates its participation under this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. In addition, the Cooperative Member agrees it will not be entitled to a distribution which may occur after the Cooperative Member terminates from the Cooperative. 4.Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such other terms and conditions, including provisions relating to insurance or bonding, that the Cooperative Member deems necessary or desirable under state or local law, local policy or rule, or within its business judgment. 5.Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter “Vendor Fees”) may be up to two percent (2%) of the purchase price paid by Coo perative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a program of electronic commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees. 6.Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases made by the Cooperative Member. 7.Administration. The Cooperative may enter into contracts with others, including non-profit associations, for the administration, operation and sponsorship of the purchasing program provided by this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by Page 3 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee, in accordance with instructions of the Cooperative. 8.BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming code. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative. The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense. III. GENERAL PROVISIONS 1.Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days. 2.Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in the Cooperative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative. 3.Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written policies and procedures established by the Cooperative. Notwithstanding the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on the Cooperative Member. The Cooperative shall promptly notify all Cooperative Members in writing of any Bylaw amendment, policy or procedure change. 4.Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member. 5.Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. Page 4 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). 6.Current Revenue. The Cooperative Member hereby warrants that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7.Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8.Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws. 9.Jurisdiction/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island. 10.Legal Authority. The Cooperative Member represents and warrants to the Cooperative the following: a)The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative. b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c)Purchases made under this Agreement will satisfy all procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. d) All requirements––local or state–for a third party to approve, record or authorize the Agreement have been met. 11.Disclaimer. THE COOPERATIVE, ITS ENDORSERS AND SPONSORS, (INCLUDING, THE NATIONAL SCHOOL BOARDS ASSOCIATION, THE MARYLAND ASSOCIATION OF BOARDS OF EDUCATION, AND THE RHODE ISLAND ASSOCIATION OF SCHOOL COMMITTEES) AND SERVICING CONTRACTOR(S) (INCLUDING, THE NATIONAL SCHOOL BOARDS ASSOCIATION AND THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC.) DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Page 5 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). 12.Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that: (a) Neither party waives any immunity from liability afforded under law; (b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental, consequential, or exemplary damages; (c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Member’s purchase activity, within 12 months of when the lawsuit or action was filed; and (d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover reasonable attorney’s fees pursuant to the applicable law of the State of Rhode Island. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of the Cooperative’s Endorsers, Sponsors and Servicing Contractors (defined in Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member’s purchase activity, within 12 months of the filing of any lawsuit or action. 13.Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 14.Merger/Entirety. This Agreement, together with the Cooperative’s Bylaws and Organizational Interlocal Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 15.Notice. Any written notice to the Cooperative shall be made by first class mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street, Alexandria, VA, 22314. Notices to Cooperative Member may be made by first class mail, postage prepaid, and delivered to the Cooperative Member’s Coordinator or chief executive officer (e.g., superintendent, city manager, county judge or mayor). 16.Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 17.Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon a facsimile signature as if it were an original. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 18.Warranty. By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform Page 6 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). the terms of this Agreement. IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, accept this Agreement. TO BE COMPLETED BY THE COOPERATIVE: The National Purchasing Cooperative, acting on behalf of all other Cooperative Members By: Date: Assistant Executive Director [Additional signature page follows.] Page 7 of 7 (Revised by the Cooperative Board of Trustees on April 23, 2012). TO BE COMPLETED BY COOPERATIVE MEMBER: [Signature required unless accepted as an Amendment by Notice as described in the Agreement.] _________________________________________________________________ (Name of Local Government) By: __________________________________________________ Date: _________________ Signature of authorized representative of Cooperative Member __________________________________________________ Printed name and title of authorized representative Coordinator for the Cooperative Member is: ___________________________________ Name ___________________________________ Title ___________________________________ Mailing Address ___________________________________ City ___________________________________ State Zip Code ___________________________________ Telephone ___________________________________ Fax ___________________________________ Email [Last page. Nothing follows.] City of Arlington Council Agenda Bill Item: NB #4 Attachment E COUNCIL MEETING DATE: July 20, 2015 SUBJECT: Community Economic Revitalization Board (CERB) Grant Agreement Authorization ATTACHMENTS: - CERB grant agreement DEPARTMENT OF ORIGIN Public Works Department – Eric Scott EXPENDITURES REQUESTED: $125,000 matching funds (Sno County/Trans Fund) BUDGET CATEGORY: Transportation Improvement Fund LEGAL REVIEW: DESCRIPTION: Council is requested to accept a $50,000.00 grant from the Community Economic Revitalization Board (CERB) for the design of Arlington Valley Road and authorize the mayor to sign the grant agreement. HISTORY: City staff applied for and was awarded a grant through the Community Economic Revitalization Board (CERB) for design of the Arlington Valley Road. Arlington Valley Road is a proposed ¾ mile road that will connect 67th Ave to 74th Ave; this road was planned for ten years ago and was included in the transportation element of the General Comprehensive Plan. Construction of this road will provide access to currently undeveloped land which has direct economic benefit to local companies such as Microgreen, AMT Senior, and redevelopment of the NW Hardwoods site. Staff previously presented this item to council when CERB needed a resolution accepting the initial offer of financial aid. This is now the final contract and grant agreement that will need to be signed by the Mayor. ALTERNATIVES Remand to staff for further consideration. RECOMMENDED MOTION: I move to accept the $50,000 grant from the Community Economic Revitalization Board to fund design of the Arlington Valley Road Project and authorize the mayor to sign the contract, pending final review by the City Attorney.