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HomeMy WebLinkAbout02-01-2016 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 - Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 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 January 19 and January 25, 2015 Council Meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING NEW BUSINESS 1. Briefing from Stillaguamish Senior Center on 2015 and 2016 Activities 2. Airport Commission Appointments ATTACHMENT B Staff Presentation: Dave Ryan Council Liaison: Jan Schuette 3. Lease Between Arlington Municipal Airport and ATTACHMENT C Community & Economic Development For Office Space Staff Presentation: Dave Ryan Council Liaison: Chris Raezer Arlington City Council Meeting Monday, February 1, 2016 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. 4. Ordinance Amending Title 20 Regarding Marijuana ATTACHMENT D Producers/Processors Staff Presentation: Chris Young Council Liaison: Jesica Stickles 5. Professional Service Agreement with TWENTYFIVE ATTACHMENT E (marketing firm) Staff Presentation: Chris Young Council Liaison: Jesica Stickles 6. Stormwater Capacity Grant Agreement Acceptance ATTACHMENT F Staff Presentation: Kris Wallace Council Liaison: Mike Hopson 7. Contract with RH2 to Study Lift Station #2 Design and Flow Analysis ATTACHMENT G Staff Presentation: Jim Kelly Council Liaison: Mike Hopson 8. Contract with Perteet to Develop Crosswalk Standards ATTACHMENT H Staff Presentation: Jim Kelly Council Liaison: Mike Hopson 9. Arlington-Marysville Water Service Area Agreement ATTACHMENT I Staff Presentation: Jim Kelly Council Liaison: Mike Hopson 10. Urban Forestry Grant Agreement ATTACHMENT J Staff Presentation: Bill Blake Council Liaison: Sue Weiss 11. Hazard Mitigation Plan Annex Adoption ATTACHMENT K Staff Presentation: Bill Blake Council Liaison: Sue Weiss 12. Lodging Tax Distributions for 2016 ATTACHMENT L Staff Presentation: Sheri Amundson Council Liaison: Chris Raezer DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS Mayor Pro Tem Chris Raezer – Paul Ellis 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. MAYOR’S REPORT Mayor Pro Tem Chris Raezer COUNCIL MEMBER REPORTS – OPTIONAL Mayor Pro Tem Chris Raezer – Mike Hopson/Marilyn Oertle EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Chris Raezer To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third January 19, 2016 City Council Members Present by Roll Call: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Kristin Garcia, Kris Wallace, Sheri Amundson, Chris Young, Eric Scott, Deana Dean, and Steve Peiffle – City Attorney Also Known to be Present: Maxine Jenft, Mike Pittman, Robert Phillips, and Kirk Boxleitner Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. APPROVAL OF THE AGENDA Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT Robert Phillips spoke regarding the water sewer comprehensive plan as it relates to the Brekhus Beach area. Mike Pittman also spoke regarding the water sewer comprehensive plan. CONSENT AGENDA Chris Raezer moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1.Minutes of the January 4 and January 11, 2016 Council Meetings 2.Accounts Payable: EFT Payments & Claims Checks #86209 through #86279 dated December 31, 2015 through December 31, 2015 in the amount of $309,843.54. EFT Payments & Claim Checks #86280 through #86318 dated January 5, 2016 through January 19, 2016 in the amount of $1,006,477.76. PUBLIC HEARING None Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting January 19, 2016 Page 2 of 3 NEW BUSINESS Selection of Mayor Pro Tem Kristin Banfield, Director of HR and Communications, discussed the selection of Mayor Pro Tem and Alternate Mayor Pro Tem. Council comments followed. Chris Raezer moved and Marilyn Oertle seconded the motion to select Councilmember Debora Nelson as the City’s Mayor Pro Tem. The motion was approved by a unanimous vote. Professional Service Agreement Renewal – Shockey Planning Group Chris Young, Director of Community & Economic Development, requested council approve the renewal of the professional service agreement with Shockey Planning Group for 2016. Chris Raezer moved and Marilyn Oertle seconded the motion to approve the contract with the Shockey Planning Group for 2016 and authorize the Mayor to sign it. The motion was approved by a unanimous vote. Professional Services Contract – Roland Resources – Arlington Valley Road Right of Way Eric Scott, City Engineer, requested council approve the proposed professional services contract with Roland Resources for all real estate functions needed to analyze, negotiate and acquire parcels along a proposed new road alignment and needed in order to construct the Arlington Valley Road. Debora Nelson moved and Chris Raezer seconded the motion to approve the professional services agreement with Roland Resources and authorize the Mayor to sign it. The motion was approved by a unanimous vote. Reid Middleton Contract Supplement – Arlington Valley Road Design Eric Scott requested council approve the proposed supplement to the Reid Middleton professional services contract for engineering and design services for the Arlington Valley Road Project. Debora Nelson moved and Chris Raezer seconded the motion to approve Contract Supplement Number 1 to the Reid Middleton Contract and authorize the Mayor to sign the change order, pending final review by the City Attorney. The motion was approved by a unanimous vote. Water Comprehensive Plan & Water Use Efficiency Goals Adoption Kris Wallace, Public Works Executive Assistant and Staff Accountant, requested council adopt the 2015 Water Comprehensive Plan and Water Use Efficiency (WUE) Goals. Council comments followed. Mike Hopson moved and Debora Nelson seconded the motion to approve the proposed Ordinance adopting the 2015 Water Comprehensive Plan and Water Use Efficiency (WUE) goals. The motion was approved by a unanimous vote. Sewer Comprehensive Plan Adoption Kris Wallace requested council adopt the Sewer Comprehensive Plan. Mike Hopson moved and Marilyn Oertle seconded the motion to approve the proposed Ordinance adopting the 2015 Sewer Comprehensive Plan. The motion was approved by a unanimous vote. Minutes of the City of Arlington City Council Meeting January 19, 2016 Page 3 of 3 Transportation Improvement Board Grant Agreements Kris Wallace requested council accept the three TIB grants. Debora Nelson moved and Mike Hopson seconded the motion to accept the grant awards offered by the Transportation Improvement Board for the Arlington Valley Road Project, 2016 Pavement Preservation, and LED Street Light Conversion and authorize the mayor to sign the grant agreements, pending final review by the City Attorney. The motion was approved by a unanimous vote. Pump Purchase – Water Treatment Plant Kris Wallace requested council approve the purchase of a Vertical Turbine Pump for the water treatment plan. Mike Hopson moved and Debora Nelson seconded the motion to authorize staff to purchase a Vertical Turbine Pump from Pump Tech, Inc. The motion was approved by a unanimous vote. Sole Source Resolution and Authority to Upgrade the City’s Closed Circuit Sewer Television System with Cues Camera Kris Wallace requested council adopt a sole source resolution for the rehabilitation of the Sewer Department’s Closed Circuit Television Equipment and authorize staff to issue the rehabilitation contract to the CUES Company. City Attorney Steve Peiffle suggested a slight modification to the motion to read “subject to final review by the City Attorney.” Mike Hopson moved and Chris Raezer seconded the amended motion to approve the proposed resolution to waive bid requirements for the purchase of new and replacement closed circuit television equipment for use by the City of Arlington Public Works Department subject to final review by the City Attorney. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis indicated the council retreat scheduled for Saturday January 23, 2016 is being postponed. A new date of February 20, 2016 has been set and council will be emailed the information. MAYOR’S SPECIAL PRESENTATION Mayor Tolbert informed Council that the City has been selected as a semi-finalist in the America’s Best Communities contest. Judging will be held in Durham, North Carolina at the end of April with Darrington Mayor Dan Rankin, Bob Drewel, and herself attending on behalf of Darrington and Arlington. COUNCIL MEMBER REPORTS and MAYOR’S REPORT Sue Weiss, Chris Raezer, Debora Nelson, Jan Schuette, Mike Hopson, and Jesica Stickles had brief reports while Marilyn Oertle had nothing to report at this time. EXECUTIVE SESSION None ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:34 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 3 Council Chambers 110 East Third Street January 25, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None Staff Present: Mayor Barbara Tolbert, Paul Ellis, Sheri Amundson, Chris Young, Jim Kelly, Kris Wallace, Bill Blake, Jonathan Ventura, Wendy Van Der Meersche, Dave Ryan, Maxine Jenft, and City Attorney Steve Peiffle Also Known to be Present: Kirk Boxleitner, Mike Britt, Craig Christianson, and Cristy Brubaker Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Mayor Pro Tem Debora Nelson moved to approve the agenda; Chris Raezer seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS – NO ACTION WAS TAKEN Airport Commission Appointments Dave Ryan, Arlington Municipal Airport Manager, spoke regarding a proposal of the appointment of Austin DeFreece and William Jensen to Airport Commission. Discussion followed. Lease Between Arlington Municipal Airport and Community & Economic Development For Office Space Dave Ryan spoke regarding a lease between the Airport and Community & Economic Development for office space at the airport office building. Council questions and discussion followed. Ordinance Amending Title 20 Regarding Marijuana Producers/Processors Chris Young, Community & Economic Development Director spoke about a proposed amendment to AMC Section 20.08.010 and Table 20.40.010-1 regarding Ordinance No. 2014-015.Council questions and discussion followed. Professional Service Agreement with TWENTYFIVE (marketing firm) Chris Young spoke regarding a proposed professional services agreement with TWENTYFIVE for marketing services. Council questions and discussion followed. Contract with RH2 to Study Lift Station #2 Design and Flow Analysis Jim Kelly, Public Works Director, spoke regarding a professional services agreement (PSA) with RH2 Engineering, Inc. to study Lift Station #2 and complete design and flow analysis. Discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop January 25, 2016 Page 2 of 2 Urban Forestry Grant Agreement Bill Blake spoke regarding a Forestry Crew Inter-Agency Agreement with Department of Natural Resources (DNR). The City of Arlington was designated a “Tree City” in 2003, and qualifies for one-month of the DNR Tree crew services at no cost to the City. Council questions and discussion followed, Contract with Perteet to Develop Crosswalk Standards Jim Kelly, Public Works Director, spoke regarding a proposed contract, which includes a scope of work and fee, with Perteet, Inc.to develop crosswalk standards for the City. Council questions and discussion followed. Hazard Mitigation Plan Annex Adoption Bill Blake spoke of a proposed resolution regarding the adoption of the Arlington Mitigation Plan Annex. The City adopted a Natural Hazards Mitigation Plan Annex in 2010. Council questions and discussion followed. Stormwater Capacity Grant Agreement Acceptance Kris Wallace spoke regarding a grant agreement from the Department of Ecology for funding for Stormwater NPDES Phase II activities. Arlington-Marysville Water Service Area Agreement Jim Kelly spoke regarding a Water Service Area Agreement between the City of Marysville and the City of Arlington agreeing to changes in the adjoining water service area. Council questions and discussion followed. MAYOR BARB TOLBERT RECUSED HERSELF AND MAYOR PRO TEM DEBORA NELSON ACTED AS CHAIR FOR REMAINDER OF MEETING. Lodging Tax Distributions for 2016 Sheri Amundson, Assistant Finance Director, spoke regarding 16 applicants recommended for grant money by the Lodging Tax Advisory Committee. Council questions and discussion followed. Miscellaneous Council Items Public Comment None Executive Session None The meeting was adjourned at 8:32 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: NB #2 Attachment B COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Airport Commission Appointments ATTACHMENTS: Applications of interviewees DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: On January 19, 2016, a panel interviewed three candidates for the two open Airport Commissioner positions. William Jensen and Austin DeFreece were selected as the top two finalists. The panel was impressed with all three candidates. The remaining candidate, Dary Finck, is eligible to be interviewed for the third Commission vacancy that will occur in March. The Panel believes the qualifications of these candidates as well as the passion they expressed for aviation and serving the public will make them excellent commissioners. As the Airport Commissioners serve alternating two year terms, the Panel would like William Jensen to fill the empty position that expires in 2018 and Austin DeFreece to fill the position that expires in 2017. All commissioners are eli ible for additional a ointments at the end of their terms. HISTORY: 2015 and early 2016 saw the resignation of two commissioners and a seat vacated by a commissioner that is now on the City Council. We learned at the January Commission meeting that A.J. Chase will be resigning her position as chair effective March 31st. Ms. Chase served 11 years on the Commission and she will be sorely missed. We will be conducting interviews in March to fill her position as well. Although we will miss the experience and selfless public service these commissioners brought to the table, we look forward to new our new commissioners and the ideas and energy they bring with them. ALTERNATIVES Reject panel’s recommendations. I move to appoint Austin DeFreece and William Jensen to the Airport Commission. Austin DeFreece 6933 Noble Dr. 425-220-1043 425-289-4041 austin.defreece@gmail.com ✔ 11/25/2015 (Attach page for additional space) I have just com pleted m y ser vice on the Ar lington City Council wher e I was appointed to finish theremaining ter m that was left by the passing of Dick Butner . It was an am azing exper ience and better than Ianticipated. I would like to continue to ser ve and stay involved in Ar lington city gover nm ent. T heopportunity on the air por t com m ission is one that I feel that I am uniquely qualified to fill. In addition toserving on the city council, I am an attor ney with HT C cor por ation in Seattle. I have been a cor por ateattorney for over 7 year s. M y exper ience includes the dr afting, r eview, and negotiation of com m er cialcontracts including leases, business contr acts, and other legal docum ents. Pr ior to joining HT C, I have ser ved as a cor por ate attor ney at Avanade (a joint ventur e between M icr osoftand Accentur e), Honeywell, and Inter m ec. Befor e I becam e an attor ney, I wor ked for Par ker Hannifin inaerospace and m anufactur ing, as well as VWR Scientific, Consolidated M etco, and Wafer T ech ( asubsidiary of T aiwan Sem iconductor M anufactur ing Cor por ation). T he pr e-attor ney positions wer e insupply chain and oper ations m anagem ent. T his gave m e hands on exper ience to under stand themanufacturing and financial exper tise that I would believe would also add value to the com m ission,com bined with m y legal and city council exper ience. I believe str ongly in volunteer ing and public ser vice. In addition to m y involvem ent with the Ar lington CityCouncil, I am also a m em ber of Im m aculate Conception Catholic Chur ch her e in Ar lington as well as amember of Cascade Bicycle Club. I would be honor ed to ser ve on the com m ission and help to wor kthrough the com plex issues that face the com m ission. I believe I have an excellent wor king r elationshipwith City Staff and the cur r ent City Council. Please consider m y application for this tr em endousopportunity. William D Jensen 21010 67 th Dr. ne , Unit B, Arlington Wa 98223 425 772-2812 Sam e Wdjensen@msn.com ✔ (Attach page for additional space) I am a Boeing m echanic, pr ivate pilot and air cr aft owner . I am hanger ed at the Ar lington air por t and amcurrently looking to pur chase a hanger ther e. I am ver y inter ested in becom ing a par t of the air por tcommission. I would like to becom e m or e involved in helping the air por t gr ow both fr om an industr ial andGA aspect. City of Arlington Council Agenda Bill Item: NB #3 Attachment C COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Community & Economic Development lease with the Arlington Municipal Airport ATTACHMENTS: Lease DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $19,200 per year BUDGET CATEGORY: Professional Services LEGAL REVIEW: DESCRIPTION: In December 2015 the Airport Commission approved a lease between the City of Arlington Community & Economic Development Department (CED) and the Arlington Municipal Airport. According to City policy, the Arlington City Council must also vote to approve this lease as it becomes a General Fund line item. HISTORY: One of the 2014 state audit items was the use by CED of office space at the airport without compensating the airport for this use. The City Administrator and Finance Director crafted a Memorandum of Understanding for this use and paid the airport for this use for the years 2014 and 2015. To memorialize this agreement in the proper format, airport and city legal crafted a lease for the use of 2,000 square feet of the vacant offices adjoining the airport office (old WSDOT Aviation offices.) The rent for this lease is $19,200 per year. ALTERNATIVES Table the approval of the lease until a later date. RECOMMENDED MOTION: I move to approve the lease between the Arlington Municipal Airport and Community & Economic Development and authorize the Mayor to sign it. ARLINGTON MUNICIPAL AIRPORT LEASE 1 L E A S E CITY of ARLINGTON COMMUNITY and ECONOMIC DEVELOPMENT The parties hereto are the ARLINGTON MUNICIPAL AIRPORT, a department of the CITY OF ARLINGTON, a municipal corporation of the State of Washington, (hereinafter "Arlington"), and the Community and Economic Development Department (CED) (also a department of the City of Arlington) (hereinafter "Lessee"). The parties previously had a Memorandum of Understanding for the rent of shared space at Arlington municipal Airport and now wish to enter into a short term lease effective January 1, 2016. FOR AND IN CONSIDERATION of the additional mutual covenants hereinafter contained, the parties agree as follows: 1. LEASE AND DESCRIPTION. Upon the terms and conditions hereinafter set forth, Arlington does hereby lease to Lessee and the Lessee does hereby lease from City those certain premises situated in the City of Arlington, County of Snohomish, State of Washington, being a part of the Arlington Municipal Airport, according to the map thereof filed with the City's Clerk, said airport being situated in Sections 15, 16, 21 and 22, Township 31 North, Range 5 East, W. M., and being described as follows: See legal description and map attached hereto as Exhibit "A" which is incorporated herein by reference, hereinafter called "premises." 2. BUSINESS PURPOSE. The premises are to be used for such purposes as may be allowed under the zoning restrictions for the premises; provided that no use may be made of the premises which can or does interfere with use of the airport by aircraft by reason of electrical, electronic, or smoke emanations, lighting conditions, height of any structure or appurtenance, or any use which may attract birds. 3. TERM/RENEWAL. 3.1 The term of this lease shall be for one year, commencing January 1, 2016 and terminating on December 31, 2016, subject to the terms and conditions set forth herein. 3.2 Lessee shall have the right to renew the Term of this Lease effective upon the expiration of the Initial Term described in Section 3.1 above for an ARLINGTON MUNICIPAL AIRPORT LEASE 2 additional four (4) renewal options at the end of each expiration date. Renewal shall be exercised by written notice at least thirty (30) days prior to the end of the rental period. 4. RENTAL. Lessee shall pay as rent the following amounts: First Rental Period: (January1, 2016 to December 31, 2016) the annual sum of $19,200.00. Future Rental Periods: In the event this lease is renewed, the rental rate for subsequent annual periods shall be adjusted based upon percentage increases in the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics, or its successor, for the smallest geographical region for which a separate index is published and in which Seattle, WA is situated, for the twelve months of the Base Year immediately preceding the date the CPI adjustment is to be calculated. (a) LEASEHOLD EXCISE TAX/PERSONAL PROPERTY TAX. In addition to the rent, the Lessee shall pay to Arlington at the same time the rent is paid such leasehold excise tax or other taxes as shall have been or may be lawfully levied by the State of Washington or Snohomish County, which leasehold excise tax or other tax may rise or fall as rentals increase or decrease, or as applicable laws may change. (b) LATE CHARGES. There shall be assessed and the Lessee shall pay upon any installment of rent or portion thereof not paid within 10 days after such rent installment is due and payable, a late charge penalty for each month or fraction thereof the rent or portion thereof is not paid equal to five percent (5%) of the amount of such rent or portion thereof (plus accrued late charge penalties, if any) due and payable. The amount of such late charge penalty shall be added to the amount due each month, and the total thereof shall be subject to a late charge for each succeeding month or fraction thereof in the amount of five percent (5%) of the total. (c) SHARED EXPENSES. Lessee shall also share in their proportionate share of joint expenses, including, but not limited to, shared utility service, janitorial services, and alarm company monitoring. Cost sharing shall be based on the percentage of the building occupied by Lessee. 5. CLEARING AND GRADING PREMISES. N/A. 6. ACCIDENTS--INDEMNITY. All personal property on said leased premises shall be at the risk of Lessee. Arlington shall not be liable for any damage, either to person or property, sustained by Lessee or others, caused by any defects now in said premises or hereafter occurring therein, or due to the condition of any buildings hereafter erected to any part or appurtenance thereof becoming out of repair, or caused by fire or by the bursting or leaking water, gas, sewer or steam pipes. Lessee covenants ARLINGTON MUNICIPAL AIRPORT LEASE 3 to protect, save and indemnify Arlington, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of Lessee's employees or third parties on account of personal injuries, death or damage to property in any way resulting from the willful or negligent acts or omission of Lessee and/or its agents, employees or representatives. 7. LAWS AND REGULATIONS. 7.1 Lessee shall conduct and carry on in said premises only the business for which said premises are leased, and shall not use the premises for illegal purposes. Lessee shall comply with all applicable laws, ordinances, codes, rules and regulations. Lessee shall be responsible for securing and maintaining all permits and paying, when due, all costs, fees, taxes, and other charges or benefits incidental to the lease, construction, and use of the leased premises. 7.2 Under the requirements imposed upon Arlington as recipient of Federal Aid Airport Program Grant Funds, the parties agree as follows: a. Lessee covenants that it will not, in its operation at the Arlington Airport, on the basis of race, color, creed, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Parts 15 and 21 of the Federal Aviation Regulations (49 CFR), and in the event of such discrimination, Lessee agrees that Arlington has the right to take such action as the United States Government may direct to enforce this covenant. 8. LIENS AND INSOLVENCY. Lessee shall keep the leased premises and the property in which the leased premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. If Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Arlington may cancel this lease at Arlington's option. 9. INDEMNITY AND HOLD HARMLESS. The Lessee agrees to indemnify and hold Arlington harmless as provided herein to the maximum extent possible under law. Accordingly, Lessee agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless Arlington, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to Lessee's exercise of rights and privileges ARLINGTON MUNICIPAL AIRPORT LEASE 4 granted by this Lease Agreement. The Lessee's obligations under this section shall include: a. Indemnification for such claims whether or not they arise from the sole negligence of Lessee or the concurrent negligence of both parties, except to the extent of Arlington's negligence or the negligence of one or more third parties; b. The duty to promptly accept tender of defense and provide defense to Arlington at Lessee's own expense, except to the extent of Arlington's negligence or the negligence of one or more third parties; c. Indemnification of claims made by Lessee's own employees or agents, except to the extent of Arlington's negligence or negligence of one or more third parties; and, d. Waiver of Lessee's immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify Arlington, which waiver has been mutually negotiated by the parties. In the event it is necessary for Arlington to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from Lessee to the extent Lessee is responsible. In the event it is determined that R.C.W. 4.24.115 applies to this Lease Agreement, Lessee agrees to defend, hold harmless, and indemnify Arlington to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of Arlington to the full extent of Lessee's negligence. Lessee agrees to defend, indemnify, and hold harmless Arlington for claims by Lessee's employees and agrees to waiver of its immunity under Title 51 R.C.W., which waiver has been mutually negotiated by the parties. 10. LIABILITY INSURANCE REQUIREMENTS. Both Departments are covered by the City of Arlington’s participation in the Washington Cities Insurance Risk Pool and no additional insurance is contemplated herein. 11. NOTICE. All notices and consents hereunder shall be given in writing, delivered in person or mailed by certified mail, postage pre-paid, to the receiving party at its address below, or to such other address as the receiving party may notify the sender beforehand referring to this lease. ARLINGTON MUNICIPAL AIRPORT LEASE 5 12. DEFAULT AND RE-ENTRY. If any rents above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if Lessee shall violate or default in any of the covenants and agreements therein contained, then Arlington may cancel this lease upon giving the notice required by law, and re-enter said premises, but notwithstanding such re-entry by Arlington, the liability of Lessee for the rent provided for herein shall not be extinguished for the balance of the term of this lease, and Lessee covenants and agrees to make good to Arlington any deficiency arising from a re-entry and re-letting of the premises at a lesser rental than herein agreed to. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Arlington, together with leasehold tax. 13. COSTS AND ATTORNEY'S FEES. If by reason of any default on the part of either party, litigation is commenced to enforce any provision of this lease or to recover for breach of any provision of this lease, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees in such amount as is fixed by the court, and all costs and expenses incurred by reason of the breach or default by the other under this lease. 14. REMOVAL OF PROPERTY. In the event of any entry in, or taking possession of, the leased premises as aforesaid, Arlington shall have the right, but not the obligation, to remove from the leased premises all personal property located therein or thereon, and may store the same in any place selected by Arlington, including but not limited to a public warehouse, at the expense and risk of the owners thereof, with the right to sell such stored property without notice to Lessee, after it has been stored for a period of at least sixty (60) days, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of the charges for storage, if any, and third to the payment of any other sums of money which may then be due from Lessee to Arlington under any of the terms hereof, and the balance, if any, to be paid to Lessee. 15. RESTRICTIONS AND CONSENTS. This lease shall be and is subject to all the terms, covenants, restrictions, reservations and agreements contained in that certain Quit Claim Deed dated February 25, 1959, by the United States of America to Town of Arlington, recorded in Snohomish County, Washington, on August 20, 1959, in Volume 690 of Deeds, pages 38 through 46, under Auditor's File No. 1356180, records of said County, including the written consent of the Federal Aviation Agency if the leased premises are to be used for other than airport purposes. Such consent, if necessary, shall be obtained by Arlington. ARLINGTON MUNICIPAL AIRPORT LEASE 6 16. NONDISCRIMINATION. 16.1 Lessee, for himself, his heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained or otherwise operated on the said property described in this lease for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. 16.2 Lessee, for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color or national origin shall be excluded from the participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, or (2) that in the construction of any improvements in, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. 16.3 That in the event of breach of any of the above nondiscrimination covenants, Arlington shall have the right to terminate this lease and to re-enter and repossess said ARLINGTON MUNICIPAL AIRPORT LEASE 7 land and facilities thereon, and hold the same as if said lease had never been made or issued. 17. VENUE. The venue of any suit which may be brought by either party under the terms of this lease or growing out of the tenancy under this lease shall at the option of Arlington be in court or courts in Snohomish County, Washington. 18. RIGHT OF FLIGHT. There is hereby reserved to Arlington, its successors and assigns, for the use and benefit of Arlington and the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein leased, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, nor known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from and operating aircraft on or over the Arlington Municipal Airport, all in accordance with applicable safety and operating regulations of said Airport and the Federal Aviation Administration. 19. MODIFICATIONS. This lease constitutes the entire agreement between the parties, and may not be changed or modified except by a written agreement signed by both parties. 20. SEVERABILITY. If any term or provision of this lease or the application of any term or provision to any person or circumstance is declared invalid or unenforceable, the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to whom it is held invalid or unenforceable, shall not be affected and will continue in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Lease on the _____ day of ________________, 2016. CITY OF ARLINGTON By ________________________________ Mayor Barbara Tolbert ARLINGTON MUNICIPAL AIRPORT LEASE 8 ATTEST: ______________________________ Kristin Banfield, City Clerk Community and Economic Development (CED) By: _________________________________ City of Arlington Council Agenda Bill Item: NB #4 Attachment D COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Amendment to AMC Section 20.08.010 and Table 20.40.010-1 regarding I502 Ordinance No. 2014-015 ATTACHMENTS: Ordinance No. 2014-015 and Proposed Changes DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The Ordinance Cap, limiting I-502 Producer – Processor Business Licenses to 14 expired (sunset) on December 31, 2015. The ordinance needs to be amended to reflect the sunset provision and also address some other limits to the Industry that has been evaluated over the past 12-months. HISTORY: The City Council amended Ordinance 2014-002 in August 2014 limiting the number of Producer/Processor Licenses to 14 and also limited the square feet marijuana canopy thresholds to 10,000SF for producers and 15,000SF for producer/processors. Staff provided both Planning Commission and Council quarterly reports during 2015 which focused on the potential adverse impacts regarding this industry. The License Cap expired on December 31, 2015. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the proposed ordinance amending land use restrictions on the production and processing of marijuana, subject to final review by the City Attorney. ORDINANCE NO. 2016‐_____ 1    ORDINANCE NO. 2014-XXX 2016-XXX   AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE ARLINGTON MUNICIPAL CODE TO ESTABLISH AMEND LOCAL RESTRICTIONS ON THE PRODUCTION AND PROCESSING OF MARIJUANA, AND REPEALING THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 2014-XXX. 2016-XXX   WHEREAS, Initiative Measure No. 502 ("1-502") was passed by the voters of the State of Washington in November, 2012, providing a framework under which marijuana producers, processors, and retailers (collectively "marijuana businesses") can become licensed by the Washington State Liquor Control Cannabis Board ("LCB"), codified in Chapter 69.50 RCW; and   WHEREAS, this ordinance does not address the legality of the conduct associated with the production, processing, and retailing of marijuana and should not be construed as approval or waiver of such uses as it relates to other applicable county, state, or federal laws; and   WHEREAS, The the State Liquor Control Cannabis Board will not consider local zoning regulations in deciding whether to issue licenses for marijuana business, but marijuana business are required to comply with local zoning requirements; and   WHEREAS, The State Liquor Control Cannabis Board will issue one marijuana retailer license within the City, but a virtually unlimited number of marijuana producer licenses, and a virtually unlimited number of marijuana processor licenses such that the City cannot know the number of potential marijuana businesses that will locate within the City; and   WHEREAS, the City Council finds that a legitimate governmental interest exists in the regulation of the locations of such facilities in the City of Arlington and to require all such facilities to obtain a City of Arlington business license; and   WHEREAS, the City Council adopted a moratorium ordinance on July 7, 2014, to allow for opportunity to draft appropriate regulations limiting the potential size and number of marijuana processor and production facilities in the city of Arlingtonwishes to amend its regulations in light of experience in dealing with regulation of marijuana producers, processors and retailers; and   WHEREAS, the Arlington Planning Commission ("Planning Commission") met to discuss revisions to the moratorium zoning ordinance and necessary revisions to the city’s regulations at its regular meetings on July 15, 2014__________________ and August 5, 2014________________________ and held a public hearing on January 21, 2016 and thereafter recommended passage of the ordinance to the City Council; and   WHEREAS, the City Council was briefed on the issue on August 11, 2014___________________ and on September February ___2, 20142016, the City Council held a public hearing after proper legal notice, and considered public comments and the entire Formatted: Indent: Left: 0.11", First line: 0.51", Right: 0.09", Space Before: 0 pt, Line spacing: Multiple 1.03 li Formatted: Indent: Left: 0.13", First line: 0.56" Formatted: Indent: Left: 0.13", First line: 0.56", Space Before: 0 pt ORDINANCE NO. 2016‐_____ 2    record related to the proposal contained in this ordinance; and   WHEREAS, following the public hearing, the City Council deliberated on the code amendments contained in this ordinance;   NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows:   Section 1. Findings. The Council reaffirms the findings made in Ordinance 2014- XXX 015 as the basis for this ordinance.    Section 2. AArlington Municipal Code Section 20.08.010 (Definition of basic terms), shall be and hereby is amended by adding deleting the following definitions of “cannabis collective garden”, “cannabis dispensary” and “plant canopy”.:   20.08.010 - Definitions of basic terms … “Plant canopy” means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative for flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.     Section 32. Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) is amended by amending footnote 27 to read as follows:   Table 20.40-1: Table of Permissible Uses     USE  DESCRIPTION S  ZONES S R  RLM D  RM D  RH D  OT R  N C  OTBD 1  OTBD 2  OTBD 3  G C  H C  B P  LI GI A F  M S  P/S P  14.110  Excluding  livestock                 Z2 7  Z2 7  34.000  MARIJUANA  PRODUCTION ,  PROCESSING,  AND RETAIL                                    34.100  Marijuana  production                 Z2 7  Z2 7  34.200  Marijuana  processing                         Z2 7  Z2 7        34.300  Marijuana  retail                 Z Z Footnotes to the Table of Permissible Uses   27 Agricultural products limited to marijuana production and processing. Subject to Section 20.48.040 Formatted: Indent: Left: 0.13", Right: 0.18", Line spacing: Multiple 1.03 li ORDINANCE NO. 2016‐_____ 3    (Building Setback Requirements). Marijuana production facilities shall be limited to 10,000 square feet of canopy per business. Tier 2 size as defined in WAC 314-55-075(6). Combined marijuana production and processing facilities shall be limited to 15,000 square feet. The total number of active business licenses for marijuana production and processing shall be capped at fourteen (14) until December 31, 2015.         Section 43. Arlington Municipal Code Section 20.48.040 (Building setback requirements) is amended by adding a new subsection (h), to read as follows: (h) Marijuana producing and processing buildings operations on lots abutting residentially zoned lots shall be set back a minimum of thirty feet for indoor operations and fifty feet for outdoor operations. Section 5. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance; provided, however, that if any section, sentence, clause, or phrase of this ordinance, is held to be invalid by a court of competent jurisdiction, or by the Growth Management Hearings Board, then the section, sentence, clause, phrase, or land use designation in effect prior to the effective date of this ordinance, shall be in full force and effect for that invalidated section, sentence, clause, phrase, or land use designation, as if this ordinance had never been adopted.   Section 64. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication.   Section 75. Repealer. Upon the effective date of this ordinance, City of Arlington ordinance number 2014-XXX 0 1 5 shall be and hereby is repealed. Section 8. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State Department of Commerce for its files within ten (10) days after adoption of this ordinance.     Formatted: Justified, Indent: Left: 0.13", First line: 0.75", Right: 0.04", Space Before: 0 pt, Line spacing: single Formatted: Right: 0.31", Tab stops: 1.83", Left ORDINANCE NO. 2016‐_____ 4      PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE _____ DAY OF _______________, FEBRUARY, 20162014.   CITY OF ARLINGTON:         Barbara Tolbert, Mayor     ATTEST: Kristin Banfield, City Clerk   APPROVED AS TO FORM: Steven J. Peiffle, City Attorney Formatted: Indent: Left: 0.31", First line: 0.75" Formatted: All caps Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.31" Formatted: Indent: Left: 0.27", Hanging: 0.04" Formatted: Indent: Left: 0.31", First line: 0", Border: Top: (Single solid line, Auto, 0.5 pt Line width, From text: 2 pt Border spacing: ) ORDINANCE NO. 2016‐_____ 1    ORDINANCE NO. - 2016-XXX   AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE ARLINGTON MUNICIPAL CODE TO AMEND LOCAL RESTRICTIONS ON THE PRODUCTION AND PROCESSING OF MARIJUANA   WHEREAS, Initiative Measure No. 502 ("1-502") was passed by the voters of the State of Washington in November, 2012, providing a framework under which marijuana producers, processors, and retailers (collectively "marijuana businesses") can become licensed by the Washington State Liquor C an na bis Board ("LCB"), codified in Chapter 69.50 RCW; and   WHEREAS, this ordinance does not address the legality of the conduct associated with the production, processing, and retailing of marijuana and should not be construed as approval or waiver of such uses as it relates to other applicable county, state, or federal laws; and   WHEREAS, the State Liquor Cannabis Board will not consider local zoning regulations in deciding whether to issue licenses for marijuana business, but marijuana business are required to comply with local zoning requirements; and   WHEREAS, the City Council finds that a legitimate governmental interest exists in the regulation of the locations of such facilities in the City of Arlington and to require all such facilities to obtain a City of Arlington business license; and   WHEREAS, the City wishes to amend its regulations in light of experience in dealing with regulation of marijuana producers, processors and retailers; and   WHEREAS, the Arlington Planning Commission ("Planning Commission") met to discuss revisions to the zoning ordinance at its regular meetings on __________________ and ________________________ and held a public hearing on January 21, 2016 and thereafter recommended passage of the ordinance to the City Council; and   WHEREAS, the City Council was briefed on the issue on ___________________ and on February ___, 2016, the City Council considered public comments and the entire record related to the proposal contained in this ordinance; and   WHEREAS, following the public hearing, the City Council deliberated on the code amendments contained in this ordinance;   NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows:   Section 1. Arlington Municipal Code Section 20.08.010 (Definition of basic terms), shall be and hereby is amended by deleting the definitions of “cannabis collective garden”, “cannabis dispensary” and “plant canopy”.   ORDINANCE NO. 2016‐_____ 2    Section 2. Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) is amended by amending footnote 27 to read as follows:   Table 20.40-1: Table of Permissible Uses     USE  DESCRIPTION S  ZONES S R  RLM D  RM D  RH D  OT R  N C  OTBD 1  OTBD 2  OTBD 3  G C  H C  B P  LI GI A F  M S  P/S P  14.110  Excluding  livestock           Z2 7  Z2 7    34.000  MARIJUANA  PRODUCTION ,  PROCESSING,  AND RETAIL                  34.100  Marijuana  production           Z2 7  Z2 7    34.200  Marijuana  processing           Z2 7  Z2 7    34.300  Marijuana  retail           Z Z       Footnotes to the Table of Permissible Uses           Section 3. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance; provided, however, that if any section, sentence, clause, or phrase of this ordinance, is held to be invalid by a court of competent jurisdiction, or by the Growth Management Hearings Board, then the section, sentence, clause, phrase, or land use designation in effect prior to the effective date of this ordinance, shall be in full force and effect for that invalidated section, sentence, clause, phrase, or land use designation, as if this ordinance had never been adopted.   Section 4. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication.   Section 5. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State Department of Commerce for its files within ten (10) days after adoption of this ordinance.     ORDINANCE NO. 2016‐_____ 3      PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE _____ DAY OF FEBRUARY, 2016.   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 #5 Attachment E COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Authorization to Contract with TWENTYFIVE Marketing Firm ATTACHMENTS: Professional Services Agreement/Business Plan & Statement of Work DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: $63,450 BUDGET CATEGORY: GF – Prof Svcs-558.50.41.07 LEGAL REVIEW: DESCRIPTION: The attached Professional Service Agreement is to allow staff to proceed with the Retail Focus Area Initiative and market Arlington for potential retail development. This portion of the Business Development Plan includes the Development and Technology portion. HISTORY: The City Council directed staff to proceed with the Retail Focus Area Initiative back in early 2015. Staff has completed the initial tasks and outlined the strategy. A component of the strategy is the marketing and branding portion of the initiative. In order to move forward we need to contract with a firm that is capable of marketing Arlington and marketing Arlington to the Retail Sector. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the contract with TWENTYFIVE for Phase I and Phase II of the Marketing Plan and authorize the Mayor to sign it subject to approval by the City Attorney. CITY OF ARLINGTON Economic Development Business and Marketing Plan September 2015 The Sky’s the Limit City of Arlington Economic Development Business and Marketing Plan Page 1 Contents Attracting New Business to the City of Arlington ......................................................................................... 3 Introduction .............................................................................................................................................. 3 Project Methodology .................................................................................................................................... 4 Phase I: Campaign Development .............................................................................................................. 4 Phase II: xRM Platform Implementation ................................................................................................... 4 Phase III: Campaign Execution .................................................................................................................. 4 Campaign Cornerstones ................................................................................................................................ 5 Direct Campaign Activities ........................................................................................................................ 5 Indirect Campaign Activities ..................................................................................................................... 5 EDMP Timeline .......................................................................................................................................... 6 Budget Summary ........................................................................................................................................... 6 Measurement and Reporting ........................................................................................................................ 6 xRM Platform ............................................................................................................................................ 7 iWorQ Platform ......................................................................................................................................... 7 Goals of the EDMP 2015-2020 ...................................................................................................................... 8 Goal 1: Increase Development for Top 3 Focus Areas .............................................................................. 8 Goal 2: Break Down Misconception .......................................................................................................... 8 Goal 3: Secure at Least 1 New Anchor Tenant .......................................................................................... 9 Goal 4: Engagement .................................................................................................................................. 9 Goal 5: Develop Case Studies .................................................................................................................... 9 Summary of Economic Development Zones ............................................................................................... 10 Business Benefits .................................................................................................................................... 10 Kent Prairie ................................................................................................................................................. 11 Subject Area ............................................................................................................................................ 11 Access and Visibility ................................................................................................................................ 11 Zoning ..................................................................................................................................................... 11 Current Infrastructure ............................................................................................................................. 11 Development Incentives ......................................................................................................................... 11 Redevelopment Scenarios ...................................................................................................................... 12 Hilltop .......................................................................................................................................................... 13 Subject Area ............................................................................................................................................ 13 Access and Visibility ................................................................................................................................ 13 City of Arlington Economic Development Business and Marketing Plan Page 2 Zoning ..................................................................................................................................................... 13 Current Infrastructure ............................................................................................................................. 13 Development Incentives ......................................................................................................................... 13 Development Scenarios .......................................................................................................................... 14 Airport Business Park .................................................................................................................................. 15 Subject Area ............................................................................................................................................ 15 Access and Visibility ................................................................................................................................ 15 Zoning ..................................................................................................................................................... 15 Current Infrastructure ............................................................................................................................. 15 Development Incentives ......................................................................................................................... 16 Development Scenarios .......................................................................................................................... 16 Attachment A: Summary of Demographics ................................................................................................ 17 Attachment B: Projected Itemized Expenditures by Phase ........................................................................ 18 City of Arlington Economic Development Business and Marketing Plan Page 3 Attracting New Business to the City of Arlington Introduction Arlington, Washington is a great place to live, work, and raise a family. The overall goal of the City is to emphasize these strengths in an outbound economic development campaign where the outcome is a larger and more diversified private sector economic base in the City. This Economic Development and Marketing Business Plan (EDMP) lays out a roadmap which primarily identifies the business growth goals of the City of Arlington and ties them to a tangible implementation plan, timeline, and budget. Based on the demographics which have been aggregated from a number of resources, the City is able to execute a strategy which targets the retail development audience, provides natural incentives to developers, and promotes the City as an attractive place to live, work, and most importantly, develop new retail business. The execution of the EDMP will begin in September of 2015 and will continue for an anticipated period of three to five years. The EDMP will consist of three phases including campaign development, technology implementation, and the marketing phase which includes an outbound initiative with advertising and significant social media exposure. Each phase of the project lays the foundation for the next phase. One of the critical success factors this plan addresses is measurement and reporting of activities and results of the initiative. Through measurement, we will analyze key performance indicators relating to opportunity pipeline, social media engagement, and Web traffic. Growth in permits and added square footage in each economic development zone are also considered success factors and will be reported on monthly as the EDMP unfolds. While attracting new retail businesses to the City of Arlington is the leading focus of the EDMP, it is important to acknowledge that increasing the footprint of manufacturing and other services businesses will create a higher demand for the retail sector. As we reach out to developers in an effort to lure them to the City of Arlington, it is important that we’re able to demonstrate that Arlington has a diversified approach to achieving growth goals and is laying the roadbed for year-over-year growth for the foreseeable future. As planned, this EDMP document is brief in nature and limited in scope. It is not intended to reiterate data which can be found in other studies and reports which have been prepared for the City. While that information is critical to the project and has been summarized in later sections of the EDMP, the purpose of this document is to lay out a roadmap for success and give everyone a common vision of where we’re going and why. City of Arlington Economic Development Business and Marketing Plan Page 4 Project Methodology As presented during the City’s earlier stages of requirements assessment, the City selected as a partner in the EDMP a local company, TWENTYFIVE which recommended a project methodology including six primary steps broken into three phases. The project is segregated into three primary segments which put simply include developing the campaign, implementing technology to assist/monitor/measure/report on the campaign as it gets underway, and finally, executing the campaign. Phase I: Campaign Development In this phase the project team will focus on story development, communication of the Arlington value proposition, graphic design, development and deployment of a website to support the campaign (www.arlingtonawaits.com), and a documented roadmap of tactical steps are to be taken and when. Materials will be developed for both direct and indirect marketing activities. Phase II: xRM Platform Implementation Relational databases in marketing are common in the private sector because the provide real time monitoring of campaign activities, support drip marketing efforts, automate many of the tasks associated with campaign execution and provide a tool for monitoring and reporting on results. For the City of Arlington, we will be deploying Microsoft Dynamics, a mainstream cloud-based platform, to perform these functions. Over time, this implementation can provide many other benefits to the City unrelated to the EDMP. Phase III: Campaign Execution We will use the tools, materials, and dynamic content developed in the first two project phases and take them to market. There are two focus areas of the campaign including direct marketing to known prospects and indirect marketing (aka Shotgun Marketing) which is intended to reach its audience based on geography and targeted social media demographics. City of Arlington Economic Development Business and Marketing Plan Page 5 Campaign Cornerstones The EDMP team wants to convey two key messages, including: 1. Arlington is awaiting you! The City is ready to expedite the application process, the residents are all awaiting your new business in the City, and there is new and growing infrastructure in the economic development zones awaiting your construction plans. The primary platform to promote ‘Arlington Awaits’ will be www.arlingtonawaits.com. There will be significant efforts to drive traffic to this website and convert visitors to contacts which actively engage with the City’s economic development team. 2. The Sky’s the Limit! We needed a message which would resonate with both developers and business owners (as well as the public at large. The age old slang of optimism – the sky’s the limit – is not only uplifting, it is the perfect catch phrase for the City of Arlington considering its close relationship with taking flight. “When you move your business to Arlington, the sky’s the limit!” This will be the primary campaign theme that will be established on the arlingtonawaits.com website and reinforced in all campaign messaging both direct and indirect. Direct Campaign Activities As the EDMP is executed, we will target known developers and retail chains who are potential candidates for expanding in Arlington. Using the xRM platform to track and measure these activities, we will immediately commence on an outbound campaign to these contacts with personal and direct messaging from City leadership about the opportunities in Arlington. This outbound initiative to know n candidates will include direct mail, electronic messaging, and telephone solicitation with a goal of getting confirmed appointments with the City’s economic development team. Also on the radar screen for direct campaign activities is messaging for manufacturers, especially those in the aerospace sector. Indirect Campaign Activities As the EDMP is executed we will use social media, advertising, and a variety of indirect public relations channels to build interest and generate traffic for the arlingtonawaits.com website. Indirect marketing is not tangible; as with all private sector companies that conduct shotgun marketing, we will revise and adjust indirect marketing activities based on the results produced over a period of time. City of Arlington Economic Development Business and Marketing Plan Page 6 EDMP Timeline The EDMP kicked off with the evaluation of private sector partners and the subsequent collaborative effort developing the EDMP. The plan, when approved can be summarized on a timeline in two segments, campaign development and campaign execution. Campaign development activities include graphic design, website production, development of collateral materials, and a tactical plan that covers all of the bases pre-launch to make sure the City is ready to respond to every event or activity that the campaign will require. The outbound marketing campaign will then follow and will launch towards the end of Q1 in 2016. Once the campaign is launched in 2016, the City’s economic development team will adjust campaign strategy and tactics based on the results that are measured. The team will require regular meetings with members of the City Council and department leadership to communicate results and collaborate on successful outcomes. Budget Summary Please see Attachment B: Projected Itemized Budget by Phase for detailed information about the projected expense of the EDMP through 2016. Funding levels in 2017-2020 shall be determined at a later time by City leadership and the economic development team. In summary, the economic development team expects the following expenditures through next year.  Campaign Development $41,290.00  xRM Implementation $22,250.00  Campaign Execution (Discretionary) $63,000.00 Measurement and Reporting There are a number of platforms which will provide measurement data on EDMP performance and these platforms are described below. The team will consolidate data for City leadership in a monthly report to be rolled out as part of this plan. Some of the key metrics to be measured are: 1. Permit applications with the City 2. Square feet of business or retail space available and/or in development 3. Number of EDMP activities (phone calls, meetings, communications, et al) 4. Website traffic driven to both the arlington.wa.gov and to arlingtonawaits.com 5. Social media impressions and other activity 6. Media impressions and other activity City of Arlington Economic Development Business and Marketing Plan Page 7 7. Dynamic content viewership 8. Number of new retail businesses open compared to previous quarter, year It is an important goal of the economic development team to provide reporting that is concise and informative to City leadership. xRM Platform There was a time when xRM was called CRM, or Customer Relationship Management, and CRM became an industry of its own, providing a critical service to the private sector. Preceding CRM, the concept of managing relationships was simply known as Contact Management and before that, it was known as a Rolodex. Today, we understand that it’s really about Relationship Management – not just relationships with customers – and therefore the ‘C’ in CRM has become an ‘x’, or a variable. In the case of the EDMP there are many relationships to manage which include developers, retailers, brokers, agents, business owners, city staff, partners, contractors, and even constituents. All of these relationships and their associated activities and results will be managed by Microsoft’s Dynamics xRM, a platform that is mature, secure, scalable, and cloud-based. The xRM platform will report on activities, be the central clearinghouse for prospect information, and will automate the EDMP’s workflow. It will be the platform for outbound marketing and drip campaigning. xRM has an important component, real time dashboard reporting, to keep all project stakeholders informed on demand as to what is happening. iWorQ Platform iWorQ is a platform which is already used by the City of Arlington. Through iWorQ, the economic development team can report on building management, business licenses, and land use. This data will become part of the EDMP’s monthly reporting. City of Arlington Economic Development Business and Marketing Plan Page 8 Goals of the EDMP 2015-2020 Goal 1: Increase Development for Top 3 Focus Areas 1. Kent Prairie is currently holds the most positive attributes, 16, and least challenges for retail development, 6. a. Opportunities: good access, rail access, SR9-I5 access, mixed uses, visibility, Arlington Valley Rd, drainage repaired, support services, good infrastructure, multi-modal, multi- family friendly, retail potential and large traffic counts. b. Challenges: zoning, traffic fees, utility fees, traffic, empty stores, rail short. 2. Hilltop is the second most opportunistic economic development zone. With 9 opportunities and 8 challenges. a. Opportunities: good access, SR9-I5 access, mixed uses, visibility, good infrastructure, site ready, gateway, ease of development, large traffic counts b. Challenges: zoning, critical areas, traffic fees, utility fees, lack of communication infrastructure, non-multi-modal, storm water, empty stores 3. Airport Business Park is third most advantageous for retail development with 6 marketable opportunities and 7 challenges. a. Opportunities: SR9-I5 access, good infrastructure, multi-modal, good communication infrastructure, airport location, pre-designed b. Challenges: traffic fees, utility fees, storm water, SR531, FAA-RPZ, marketing 1st IN, lease term Goal 2: Break Down Misconception 1. Problem: The City of Arlington is currently stereotyped by developers as an area that is not a good place to build a business. This is due to the neighboring City of Marysville and rumors that retail anchors have closed down unsuccessfully in Arlington. While the businesses did shut down, it was for reasons unrelated to the City of Arlington itself. 2. Solution: Part of the marketing strategy will include issuing a press release or article as a story with the facts and why behind the anchor closures. 6 7 9 8 10 6 13 6 6 9 3 5 0 2 4 6 8 10 12 14 KENT PRAIRIE AP BUSINESS PARK ISLAND CROSSING HILLTOP MIC, 17ND SOUTH KING-THOMPSON CAPITAL PROJECT FOCUS AREAS Positives Challenges City of Arlington Economic Development Business and Marketing Plan Page 9 Goal 3: Secure at Least 1 New Anchor Tenant 1. With a list of franchise owners, i.e. Fred Meyer, we will send out email blasts and track who is opening the emails, revisiting the landing page of the campaign and filling out information to learn more. This contact information will be automatically integrated into a technology platform and placed into a drip campaign to stay in front of the developer. The relevant city staff member will have visibility into the insights and behavior of each lead to follow up as needed. Goal 4: Engagement 1. Stay in Front of Developers a. Attend developer conferences to network b. Attend economic forecast events 2. Arlington Community a. Keep the city residents up-to-speed on new developments, exciting news and community events via relevant social media channels. b. Track engagement, demographics and audience growth via measurement and reporting Goal 5: Develop Case Studies 1. TWENTYFIVE will interview current retail developers in Arlington and learn about their success stories. The chosen developers will have agreed to be a testimonial to the city and provide an on camera reference and recommendation, ie Jimmy Johns. 2. Video production will include at least three client testimonial videos which will be added to the City of Arlington website and www.arlingtonawaits.com City of Arlington Economic Development Business and Marketing Plan Page 10 Summary of Economic Development Zones Business Benefits There are numerous benefits for developers who choose to build their business in Arlington. TWENTYFIVE will expose these market differentiators and value propositions to the retail developer audience. These benefits will also be consistently highlighted throughout various marketing materials including the www.arlingtonawaits.com website, campaigns, email blast, social media and video production. The City offers a competitive permit process 1. The City offers a competitive permit process which is 2. City staff are accessible and communicative with developers through the development process. They work with the developer to understand their business goals, while helping to connect the business to the community 3. The City’s workforce is local and highly qualified. 4. The Arlington airport is a rare commercial property, catering to various aircraft types, helicopters, gliders and ultralights. City of Arlington Economic Development Business and Marketing Plan Page 11 Kent Prairie Subject Area This area has various size lots ranging from .27 to 8.38 acres totaling 46 acres within our General Commercial Zone. This development area, known as Kent Prairie, is generally flat and has great development potential. Access and Visibility The Kent Prairie Development Area has excellent access and visibility from State Route 9 and 204thStreet NE. A tremendous amount of drive-by trips occur on a daily basis with very little delay and disruption. An additional three lane road, known as Arlington Valley Road, will be installed that connects 71st Street to 67th Avenue allowing for better connectivity to the West. Zoning The Kent Prairie area is zoned GC – General Commercial with Retail Overlay that allows a vast array of retail and business opportunities. The GC Zoning District abuts an area zoned RHD – Residential High Density where the opportunity for large multi-family development is strong, adding additional support to the local retail development. Current Infrastructure All four quadrants of the Kent Prairie Development Area is served with adequate water capacity and pressure. A 15-inch wastewater main is available to serve both sides of 204th Street running east – west along both sides of SR 9 with 8-inch branch lines serving properties to the north and south. Development Incentives  Low Traffic Impact Fee Zone  LID Storm water Design Options  Multi-family utility connection fee reduction  Mass transit opportunity City of Arlington Economic Development Business and Marketing Plan Page 12 Redevelopment Scenarios A vacant big box grocery anchor situated on 8.38 acres with occupied ancillary retail support stores in very good condition. City of Arlington Economic Development Business and Marketing Plan Page 13 Hilltop Subject Area This area has great potential for large retail commercial development and or multiple retail outlets with a large anchor tenant. There are three major GC – General Commercial lots located at the NW, NE, and SW corners ranging from 14 acres to 17.66 acres. There is also a 6.6 acre parcel located at the SE corner. Access and Visibility The Hill Top Development Area has excellent access and visibility from SR 9 and 172nd Street NE. A tremendous amount of drive-by trips occur on a daily basis with very little delay or disruption at this location. A newly constructed roundabout serves to keep traffic flowing smooth while also providing slow-downs to accommodate easy access to development areas. This area also falls within our commercial retail overlay zoning district, which does not allow incompatible uses that otherwise may distract from the primary retail service nature of this area. This area abuts SR 9 on all four sides and is also surrounded with heavily populated residentially developed areas, such as Glen Eagle, Crown Ridge, Eagle Heights, Magnolia Meadows and a recently 84 lot long plat. Zoning The Hill Top Area is primarily zoned GC – General Commercial with a commercial overlay that allows various mix of retail and business opportunities. The GC Zone at the SE abuts the 84 lot residential plat. Current Infrastructure All four quadrants have water, sewer and storm available. A new high pressure water zone is planned to be installed by early 2016 to address the low pressure issue. A new 12-inch water line was installed, which runs east to west through the site at 172nd Street with secondary mains extending north along both sides of SR 9. A 12-inch wastewater line was recently installed that has ample capacity to serve all four quadrants. Managing storm water can be accomplished by utilizing low-impact design. Development Incentives  Low Traffic Impact Fee Zone  LID Storm water Design Options  Wetland Banking  Mass Transit opportunity City of Arlington Economic Development Business and Marketing Plan Page 14 Development Scenarios Approximately 2,536,498sf of prime commercial development available with an approximate build-out capacity of 1,521,898sf of building area. City of Arlington Economic Development Business and Marketing Plan Page 15 Airport Business Park Subject Area The Airport Business Park consists of 125 acres - offering high visibility Retail and Commercial opportunities along the 172nd Street corridor, as well as High-Tech business and Light Industrial opportunities throughout the interior of the park. Lots can range in size from .25 acres to 10 acres or larger. This prime development area, known as the Airport Business Park contains flat topography with approximately 20 cleared acres ready to build as well as 115 flat forested acres to the north. An adjacent Athletic Club and Public School are situated on the West end of the property. Twenty-nine high-tech aerospace manufacturers are located in and around the airport. Access and Visibility The Airport Business Park is located two miles from Interstate 5 and is accessed directly from Highway 531 (172nd Street NE) from Interstate 5. The business park is served by recently installed Airport Boulevard, a multi-modal 3-land arterial that runs south to north (connecting Highway 531 with 188thStreet NE). Highway 531 is scheduled to become a 4 lane arterial as soon as 2019. Drive-by trips occur on a daily basis totaling 25,000 ADT. The park is served by airport trails that connect to the regional Centennial Trial via the 188th Street Trail providing access to recreational opportunities within the vicinity. Zoning The Airport Business Park is primarily zoned Business Park which allows for high-tech manufacturing, professional offices, and other similar uses. A portion of the site along Highway 531 (172nd Street NE) is zoned Highway Commercial and General Commercial allowing for a wide variety of commercial businesses and services. The Airport Business Park is bounded by moderate density residential uses to the north and west, Aviation Flight line to the east, and commercial land to the south. Current Infrastructure Available infrastructure within the Park includes Airport Boulevard, City sewer and water, and electricity (Snohomish County PUD). Construction of 173rd Street (2 blocks north of Highway 531) is scheduled for 2016/2017, which will bring additional power and communications lines to the prime Retail and City of Arlington Economic Development Business and Marketing Plan Page 16 Commercial areas along Highway 531. 173rd St will also connect 43rd Ave NE to Airport Boulevard. A 12" wastewater main is available to serve both sides of 173rd Street running east – west with 8" branch lines serving properties to the north and south. Development Incentives  Low Traffic Impact Fee Zone  LID Storm water Design Options  10%-20% land lease reduction  Mass Transit opportunity  Air Transportation Development Scenarios Conceptual layout: City of Arlington Economic Development Business and Marketing Plan Page 17 Attachment A: Summary of Demographics City of Arlington Economic Development Business and Marketing Plan Page 18 Attachment B: Projected Itemized Expenditures by Phase Phase One: Campaign Development Total Anticipated for Campaign Development $ 41,290 Phase Two: xRM Implementation Total Anticipated for xRM Platform $ 22,250 Phase Three: Campaign Execution Total Anticipated for xRM Platform $ 63,000 Statement of Work        2016  TWENTYFIVE | 701 FIFTH AVENUE SUITE 7500  |  SEATTLE  |  WASHINGTON  |  98104  City of Arlington Washington Retail Economic Development Plan     INTRODUCTION  In 2015, the City of Arlington launched a new initiative around retail economic development in the City.   For several months, City staff, executives and managers worked with our team at TWENTYFIVE to  develop a business development strategy that will fulfill the objectives of the retail economic  development initiative.  From that effort, a business plan document was produced which lays out a tactical plan to support this  economic development strategy.  This Statement of Work is directly related to that business plan.  STATEMENT OF WORK  TWENTYFIVE will deliver the marketing plan as detailed in the Business Plan, herein attached and  labeled Attachment A.   COSTS  Cost of executing the business plan are found in Attachment A.  In summary, 2016 development  spending will be less than $65,000 in 2016.  Details are found in Attachment A.  PAYMENT  The initial payment of approximately $41,000 shall be due and payable upon execution of the Statement  of Work.  Another invoice of approximately $21,000 will be delivered in the second quarter of 2016.  TERMS  This Statement of Work is subject to the terms and conditions found in the Master Consulting Services  Agreement between the Parties.  SIGNATURES    FOR TWENTYFIVE         FOR THE CITY OF ARLINGTON                _________________________________                _________________________________               CAROL RENAUD, BUSINESS MANAGER        Name: Barbara Tolbert               Title: Mayor    ________7 JAN 2016_______________                 _________________________________               DATE              DATE        Master Consulting Services Agreement 2016 2017 CITY OF ARLINGTON, WASHINGTON AND SOUTHAM CREATIVE, LLC DBA TWENTYFIVE Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 1 of 9 MASTER CONSULTING SERVICES AGREEMENT This consulting services agreement is between the CITY OF ARLINGTON, a City incorporated in Snohomish County, Washington (the “City”) and SOUTHAM CREATIVE, LLC, doing business as TWENTYFIVE, a Washington State Limited Liability Company (the “Consultant”) with operations in Snohomish County, Washington. The City wants to engage the Consultant to support the Economic Development team in attracting new retail business operations to the City and in the execution of a long-term communications and marketing strategy. The Consultant has delivered the same or similar activities for businesses and is legally qualified and insured to provide services to the City. The parties therefore agree as follows: 1.CONTRACTING OF SERVICES. (a)Engagement. The City shall retain the Consultant to provide, and the Consultant shall provide, the services described in a document provided by the Consultant called a Statement of Work (SOW). The SOW shall describe the services to be performed, any deliverables which will result from services, a timeline for delivery of services and anticipated costs to the City. All SOW agreed to by the Parties shall be subject to the terms and conditions in this Master Consulting Services Agreement. (b) Services. When the Consultant is delivering a SOW for the City, they shall at all times: (i) perform the Services set forth in the SOW. However, if a conflict exists between this agreement and any term in a SOW, the terms in this agreement will control; (ii) devote as much productive time, energy, and ability to the performance of Consultant duties under this agreement as may be necessary to provide the required Services in a timely and productive manner; (iii) perform the Services in a safe, good, and workmanlike manner by fully trained, skilled, competent, and experienced personnel using at all times adequate equipment in good working order; (iv) communicate with the City about progress the Consultant has made in performing the Services; (v) supply all tools, equipment, and supplies required to perform the Services, except if the Consultant’s work must be performed on or with the City’s equipment; (vi) ensure that all materials and equipment furnished to its personnel is of good and merchantable quality, unless otherwise agreed by the City; (vii) provide services (including the Services) and end products that are satisfactory and acceptable to the City and free of defects; and (viii) remove, replace, or correct all or any portion of the work or end products found defective or unsuitable, without additional cost or risk to the City. Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 2 of 9 (c)Legal Compliance. The Consultant shall perform the Services in accordance with standards prevailing in the City’s industry, and in accordance with applicable laws, rules, or regulations. The Consultant shall obtain all permits or permissions required to comply with those standards, laws, rules, or regulations. (d) City’s Obligations. The City shall make timely payments of amounts earned by the Consultant under this agreement and notify the Consultant of any changes to its procedures affecting the Consultant’s obligations under this agreement at least 30 days before implementing those changes. 2.TERM AND TERMINATION. (a)Term. This agreement will become effective as described in section 21 and shall renew annually on the effective date for a period not to exceed ten years before renewed review and signatures are necessary (the “Term”). (b) Termination. This agreement may be terminated: (i) by either party on provision of sixty days’ written notice to the other party, with or without cause; (ii) by either party for a material breach of any provision of this agreement by the other party, if the other party’s material breach is not cured within ten days of receipt of written notice of the breach; [or] (c) Effect of Termination. After the termination of this agreement for any reason, the City shall promptly pay the Consultant for Services rendered before the effective date of the termination. No other compensation, of any nature or type, will be payable after the termination of this agreement. 3.COMPENSATION. (a)Terms and Conditions. When a payment is due to the Consultant, the City shall make prompt payment according to the terms found in the Statement of Work for the services delivered. Each Statement of Work shall contain the cost and payment terms for the work being delivered. (b)No Payments in Certain Circumstances. No payment will be payable to the Consultant under any of the following circumstances: (i) if prohibited under applicable government law, regulation, or policy; (ii) if the Consultant did not directly perform or complete the Services as described in any Statement of Work; (iii) if the Services performed occurred after the expiration or termination of the Term, unless otherwise agreed in writing. (c)Expenses. Any ordinary and necessary expenses incurred by the Consultant or its staff in the performance of this agreement will be the Consultant’s sole responsibility unless otherwise agreed to in writing in a related Statement of Work. Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 3 of 9 (d)Taxes. The Consultant is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Consultant under this agreement, and for all obligations, reports, and timely notifications relating to those taxes. The City has no obligation to pay or withhold any sums for those taxes. (e)Other Benefits. The Consultant has no claim against the City under this agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 4.NATURE OF RELATIONSHIP; INVENTIONS. (a)Independent Contractor Status. (i) The relationship of the parties under this agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created in or by this agreement. Neither party may assume or create obligations on the other party’s behalf, nor may either party take any action that creates the appearance of such authority unless approved by the City in writing in advance. (ii) The Consultant has the sole right to control and direct the means, details, manner, and method by which the Services will be performed, and the right to perform the Services at any time, place, or location. The Consultant or the Consultant’s staff shall perform the Services, and the City is not required to hire, supervise, or pay any assistants to help the Consultant perform those Services. The Consultant shall provide insurance coverage and a copy of insurance coverage shall be filed with the City on an annual basis. (b) Patent and Copyright Registrations. The Consultant shall assist the City or its designee, at the City’s expense, to secure the City’s rights in the City Inventions and any copyrights, patents, mask work rights, or other intellectual property rights relating to the City Inventions in all countries, including by disclosing to the City all pertinent information and data with respect to those, by signing all applications, specifications, oaths, assignments, and other instruments that the City deems necessary to apply for and obtain those rights and to assign and convey to the City, its successors, assigns, and nominees the exclusive interest in the City Inventions, and any copyrights, patents, mask work rights, or other intellectual property rights relating to those. When it is in the Consultant’s power to do so, the Consultant shall sign or cause to be signed these instruments or papers after the termination or expiration of this agreement. If the Consultant provides assistance after the termination or expiration of this agreement at the City’s request, the City shall pay the Consultant a reasonable rate for any time spent. If for any reason the City cannot secure a signature to apply for or pursue any application of any United States or foreign patents or copyright registrations covering City Inventions or original works of authorship assigned to the City, the Consultant hereby irrevocably designates and appoints the City and its duly authorized officers and agents as the Consultant’s agents and attorneys in fact, to act for and on behalf of the Consultant to sign and file those applications and to do all other lawfully permitted acts to further the prosecution and issuance of patent or copyright registrations with the same legal force and effect as if they had been signed by the Consultant. Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 4 of 9 5.USE OF TRADEMARKS. The Consultant may use, reproduce, and distribute the City’s service marks, trademarks, and trade names (if any) (collectively, the “City Marks”) in connection with the performance of the Services. Any goodwill received from this use will accrue to the City, which will remain the sole owner of the City Marks. The Consultant may not engage in activities or commit acts, directly or indirectly, that may contest, dispute, or otherwise impair the City’s interest in the City Marks. The Consultant may not cause diminishment of value of the City Marks through any act or representation. The Consultant may not apply for, acquire, or claim any interest in any City Marks, or others that may be confusingly similar to any of them, through advertising or otherwise. At the expiration or earlier termination of this agreement, the Consultant will have no further right to use the City Marks, unless the City provides written approval for each such use. 6.CONFIDENTIAL INFORMATION. (a)Confidentiality. During the Term, the Consultant may have access to or receive certain information of or about the City that the City designates as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential by the Consultant (“Confidential Information”). Confidential Information includes information relating to the City or its current or proposed business, financial statements, budgets and projections, customer identifying information, potential and intended customers, employers, products, computer programs, specifications, manuals, software, analyses, strategies, marketing plans, business plans, and other confidential information, provided orally, in writing, by drawings, or by any other media. The Consultant will treat the Confidential Information as confidential and will not disclose it to any third party or use it for any purpose but to fulfill its obligations in this agreement. In addition, the Consultant shall use due care and diligence to prevent the unauthorized use or disclosure of such information. (b) Obligation to Maintain Confidentiality. (i)Confidentiality. At all times during its work with the City, the Consultant shall hold in strictest confidence, and not use, except for the benefit of the City, or to disclose to any person, firm, or corporation without the prior written authorization of the City, any of the City’s Confidential Information. (ii)Term. The Consultant shall maintain the confidentiality and security of the Confidential Information until the earlier of: (i) such time as all Confidential Information disclosed under this agreement becomes publicly known and is made generally available through no action or inaction of the Consultant or (ii) the third anniversary of the termination of the Consultant’s work with the City. However, to the extent that the City has disclosed information to the Consultant that constitutes a trade secret under law, the Consultant shall protect that trade secret for as long as the information qualifies as a trade secret. (c)Remedy. Money damages may not be a sufficient remedy for any breach of this section by the Consultant and, in addition to all other remedies, the City may seek (and may be entitled to) as a result of such breach, specific performance and injunctive or other equitable relief as a remedy. Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 5 of 9 7.REPORTING. The Consultant shall report to the Director of Community and Economic Development and Planning or such other officer or employee as may be designated by the City. The Consultant shall report on its progress on a monthly basis. 8.OTHER ACTIVITIES. During the Term, the Consultant is free to engage in other independent contracting activities, except that the Consultant may not accept work, enter into contracts, or accept obligations inconsistent or incompatible with the Consultant’s obligations or the scope of Services to be rendered for the City under this agreement. 9.RETURN OF PROPERTY. Within thirty days of the expiration or earlier termination of this agreement, the Consultant shall return to the City, retaining no copies or notes, all City products, samples, models, property, and documents relating to the City’s business including reports, abstracts, lists, correspondence, information, computer files, computer disks, and other materials and copies of those materials obtained by the Consultant during and in connection with its work with the City. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork or creative work, notebooks, and similar items relating to the City’s business, whether prepared by the Consultant or by others, remain the City’s exclusive property. 10.INDEMNIFICATION. (a)Of City by Consultant. At all times after the effective date of this agreement, the Consultant shall indemnify the City and its subcontractors, officers, elected officials, appointed officials, managers, employees, constituents, and assigns (collectively, the “City Indemnitees”) from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys’ fees, accounting fees, and expert witness fees) (collectively, the “Claims”) that any City Indemnitee may incur and that arise from: (i)the Consultant’s gross negligence or willful misconduct arising from the Consultant’s carrying out of its obligations under this agreement; (ii)the Consultant’s breach of any of its obligations or representations under this agreement; or (iii)the Consultant’s breach of its express representation that it is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If a regulatory body or court of competent jurisdiction finds that the Consultant is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Consultant’s own actions, the Consultant will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Consultant or the City resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Consultant’s earnings if the Consultant had been on the City’s payroll and employed as a City employee. (c)Of Consultant by City. At all times after the effective date of this agreement, the City shall indemnify the Consultant and its officers, members, managers, employees, agents, Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 6 of 9 contractors, sub licensees, affiliates, subsidiaries, successors, and assigns (collectively, the “Consultant Indemnitees”) from all Claims that the Consultant Indemnitees may incur arising from: (i) the City’s operation of its business; (ii) the City’s breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party; or (iii) the City’s breach of any of its obligations or representations under this agreement. However, the City is not obligated to indemnify the Consultant if any of these Claims result from the Consultant’s own actions or inactions. 11.FORCE MAJEURE. A party will be not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable: (a)notify the other party of the Force Majeure Event and its impact on performance under this agreement; and (b)use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement. 12.GOVERNING LAW. (a)Choice of Law. The laws of the state of Washington govern this agreement (without giving effect to its conflicts of law principles). (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Snohomish County, Washington. (c)Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees. 13.AMENDMENTS. No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative. 14.ASSIGNMENT AND DELEGATION. (a)No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party, which consent shall not be unreasonably withheld. All voluntary assignments of rights are limited by this subsection. (b) No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party, which consent shall not be unreasonably withheld. Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 7 of 9 (c)Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section 14, it is void. 15.COUNTERPARTS; ELECTRONIC SIGNATURES. (a)Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument. (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 16.SEVERABILITY. If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable. 17.NOTICES. (a)Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email. (b) Addresses. A party shall address notices under this section 17 to a party at the following addresses: If to the City: Christopher Young, Director/Building Official 238 North Olympic Avenue Arlington, WA 98223 cyoung@arlingtonwa.gov If to the Consultant: Randal Southam, Principal and Managing Director 21201 39th Place West Brier, WA 98036-8024 randal@southamcreative.com (c)Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice. Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 8 of 9 18.WAIVER. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies. 19.ENTIRE AGREEMENT. This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness. 20.HEADINGS. The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation. 21.EFFECTIVENESS. This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associa ted with that party’s signature) will be deemed the date of this agreement. 22.NECESSARY ACTS; FURTHER ASSURANCES. Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement. [SIGNATURE PAGE FOLLOWS] Master Consulting Services Agreement – TWENTYFIVE/CITY OF ARLINGTON Page 9 of 9 Each party is signing this agreement on the date stated opposite that party’s signature. Date: __1/6/2016_________ SOUTHAM CREATIVE, LLC dba TWENTYFIVE By: Name: CAROLYN RENAUD Title: Business Manager and CFO Date: ___________________ CITY OF ARLINGTON, WASHINGTON By: Name: BARBARA TOLBERT Title: Mayor City of Arlington Council Agenda Bill Item: NB #6 Attachment F COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Grant Agreement from the Department of Ecology for Stormwater Phase II Permittees ATTACHMENTS: Grant Agreement WQSWCAP-1517-ArliPW-00058 DEPARTMENT OF ORIGIN Public Works – Kris Wallace EXPENDITURES REQUESTED: None BUDGET CATEGORY: Stormwater Operating Fund LEGAL REVIEW: DESCRIPTION: Grant Agreement between the Washington State Department of Ecology and the City of Arlington for $50,000 to fund Stormwater NPDES Phase II activities. HISTORY: The Department of Ecology is awarding the City of Arlington $50,000 through its Municipal Stormwater Capacity Grants Program (Program). The purpose of the Program is to provide grants to municipalities for work and projects associated directly with the implementation of Phase II National Pollutant Discharge Elimination System (NPDES) stormwater permits. There is no city match required for these grants. ALTERNATIVES Do not accept the grant. RECOMMENDED MOTION: I move to accept the 2015-2017 Municipal Stormwater Capacity Grant in the amount of $50,000 and authorize the mayor to sign the grant agreement, pending final review by the City Attorney. City of Arlington Council Agenda Bill Item: NB #7 Attachment G COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Professional Services Agreement (PSA) with RH2 Engineering, Inc. to Study Lift Station #2 and complete Design and Flow Analysis ATTACHMENTS: Scope of Work and Fee for design of Lift Station #2 upgrades and Flow Monitoring DEPARTMENT OF ORIGIN Public Works-James Kelly EXPENDITURES REQUESTED: $153,540.00 BUDGET CATEGORY: Sewer Improvement Fund (406) LEGAL REVIEW: DESCRIPTION: Scope of Work and fee from RH2 Engineering, Inc. to study Lift Station #2 and complete sewer flow measurement and modeling for Gleneagle and portions of 67th Ave. HISTORY: This work is the engineering and design work for two capital improvement projects identified in the Sewer Comprehensive Plan; Lift Station #2 Upgrades (project F1) and flow monitoring for Gleneagle and portions of 67th Ave (project P1). Lift Station #2 is 20+ years old and very near capacity, it needs to be upgraded to support existing service and growth. Likewise, sewer mains in the Gleneagle area and along 67th Ave are near 80% capacity and need to be evaluated to make improvements necessary for growth. Staff reviewed qualifications from two different firms and opted to move forward with RH2 for this work. Staff negotiated the attached scope of work and fee with RH2 to perform Lift Station 2 design work and flow monitoring support work. ALTERNATIVES Remand to staff for further investi ation Seek out other consultants RECOMMENDED MOTION: I move to approve the scope of work and fee from RH2 Engineering, Inc. for design of Lift Station #2 upgrades and Flow Monitoring and authorize the mayor to sign the contract, pending final approval by the City Attorney. 1 1/20/2016 1:39 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc Exhibit A SCOPE OF WORK City of Arlington Sewer System Flow Monitoring Plan Lift Station 2 Rehabilitation January 2016 BACKGROUND RH2 Engineering, Inc., (RH2) completed the City of Arlington’s (City) Sewer Comprehensive Plan in 2014. The plan recognizes 10- and 20-year horizons of sewer system buildout. The City’s Glen Eagle Basin is expected to have significant growth, and it appears that this growth cannot be accommodated by Lift Station 2 (LS2) in its present condition. The City has requested RH2 to accomplish the following: 1. Provide a flow monitoring plan to better estimate growth impacts in the sewer system. This step includes updating the City’s Sewer System Model and recommending locations for up to six (6) flow meters to identify existing collection system flow rates and capacities. This review will focus on the City’s south end including the Glen Eagle Basin. This review will also include an evaluation of force main flows utilizing the existing force main and compare to pump sizing. 2. Evaluate pumping scenarios that could reduce project costs. Options to review will include pump sizing and control to continue using the existing force main for an extended period, evaluating three (3)-pump systems versus two (2), and alternative wet well layouts. 3. Design for the rehabilitation of LS2, which is undersized for near future flow rates to accommodate at least a 20-year growth horizon. RH2 will procure additional data available from the City and develop a flow-monitoring plan by inputting the data into the existing sewer model. This will update the model to the latest available historical information. From there, RH2 will prepare a plan for the City to install up to six (6) flow meters to track daily flows and gather data relevant to average day, peak day, and peak hour flow, and monitor how the existing LS2 sewer connections and proposed long term future connections will affect the collection system. Due to the nature of this work, RH2 will utilize and rely upon the data, information, and materials provided as-is by the City or others. Using this information, RH2 will size the pumps for the rehabilitation of LS2, including provisions for site expansion to accommodate maintenance and operation. This will likely include an additional manhole before the wetwell to help convey gravity flow into the station. The station will be retrofitted from the existing Smith and Loveless wetwell-drywell system to a submersible station with an above- ground control building housing the power and control systems. The drywell will be abandoned and filled with sand after removal and salvage of interior components. Pump brands that will be reviewed include Flygt and Wemco submersible non-clog pumps. An emergency power generator will be designed for the station and housed in a building or located outside in an enclosure. The site will likely require expansion with property purchase. With our subconsultant, RH2 will provide survey drawings for site expansion with legal descriptions that can be used by the City during appraisal and acquisition of additional property. The City can then utilize others in property appraisal, negotiation, and acquisition. RH2 can recommend appraisers and acquisition specialists for consideration at the City’s request. City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 2 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc At present, the force main is 8-inch C-900 PVC and flows west under 204th Street NE and north under the Centennial Trail to its outlet in 67th Avenue NE and the Centennial Trail. The length of this force main is approximately 2,300 feet. This route is feasible to be reused in the near term and could in the future be a replacement route, as well as other routes. One conceptual route is east on 204th Street and then north and east on easements toward Highway 9 where it can discharge to a gravity main. Based on existing information, the force main will likely need to be 12-inches in diameter in the 20 year time horizon and beyond. This will be established with the flow monitoring plan. Force main replacement or addition is not part of the design scope of work. RH2 will assist the City with the following permits: · State Environmental Policy Act (SEPA) review by the City. · Right-of-way – Revocable Encroachment permit for LS2. The City will complete the Building permit for LS2. No other permit assistance is provided with this Scope of Work. If additional permits are required based on the results of the flow monitoring plan analysis, RH2 can assist the City via amendment to this Scope of Work. Finally, RH2 will assist with bidding via standard design-bid-build process to select the lowest responsible bidder with the City. This may include utilizing pre-qualifications to select a contractor with experience with lift station rehabilitation. Task 1 – Project Management Services Objective: Organize and coordinate RH2 disciplines to perform the Scope of Work in close coordination with City staff. Approach: 1.1 Prepare for and attend a meeting with City staff to review flow monitoring plan results and force main routing draft memorandum. 1.2 Prepare for and attend meeting with City staff to review LS2 design criteria. 1.3 Prepare for and attend 30-percent review meeting with the City. It is assumed this meeting will take approximately two (2) hours. 1.4 Prepare for and attend 90-percent review meeting with the City. It is assumed this meeting will take approximately two (2) hours. 1.5 Maintain ongoing client communications, including phone calls and emails, in addition to progress meetings. 1.6 Prepare and update project schedule. 1.7 Prepare monthly invoices and ongoing progress correspondence. RH2 Deliverables: · Meeting agendas and minutes for above-listed meetings. · Project schedule. · Monthly invoices. · Ongoing correspondence. City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 3 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc Task 2 – Flow Monitoring Plan and Hydraulic Model Calibration Objective: Develop locations for placement of flow monitoring equipment, including meters and/or insertion meter ports. Acquire historical information from the City, to-date, of the sewer system. Review data and integrate to the existing sewer system hydraulic model. Review data as it becomes available. Evaluate flows into LS2 and project future flow rates (peak hour, peak day, and average day) at existing, 10-year and 20-year periods. Approach: 2.1 Develop up to six (6) locations to place flow monitoring equipment for City staff use. At a minimum, those locations will include the Glen Eagle sewage drainage basin, primary interceptor, and influent to LS2. 2.2 Review the flow monitoring data collected by the City for reliability and usability. 2.3 Review projected future flow inputs from the current wastewater plan. Revise flow estimates (as needed) from proposed Gateway Business Park and development of approximately 85 connections near the State Route 531 (SR 531) and State Route 9 (SR 9) intersection. 2.4 Update the existing sewer model with flow monitoring and future development data. 2.5 Draft summary memorandum of the flow monitoring results and updated hydraulic modeling results for the City’s use. 2.6 Finalize memorandum. RH2 Deliverables: · PDF copy of memorandum provided via email for draft and final. Assumptions: · City staff will install the flow monitors in the locations identified by RH2. City staff will periodically inspect installation and that data is being recorded. City staff will send the data to RH2 for review and incorporating the results into the City’s existing sewer hydraulic model on a monthly or more frequent basis. · City staff will provide data including anticipated water use and type of business for the proposed Gateway Business Park and development near the intersection of SR531 and SR9. · The force main for LS2 will not be upsized. If RH2 finds that force main upsizing will benefit in pump sizing we will discuss with the City and amend this Scope of Work to include force main design. · City will provide PDF copies of force main and gravity collection system as-built plans. Task 3 – LS2 Design Criteria Objective: Develop design criteria for LS2. Approach: 3.1 Coordinate with the City to allow the LS2 wetwell to fill up to near peak storage capacity. Run each of the two (2) pumps to determine flow rates and estimate flow rates coming into the station from the east and west. City crews have noticed the eastern flow (flows from east to west) causes the western flow (flowing west to east) to backup. RH2 will review this situation with the City and estimate flows from each side of the sewer basin. 3.2 Review existing flow rates observed in the field with data provided by the City in Task 2. City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 4 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc 3.3 Summarize flow rate information for LS2 for existing flow rates, average day, peak day, and peak hour. Extrapolate for 10- and 20-year time horizons. 3.4 Identify layout options and construction costs for: a. Two (2) versus Three (3) submersible pumps systems. b. Up to two (2) wetwell layout alternatives. c. Evaluate pump sizing and control options to increase flow rate and continue to utilize the existing 8-inch force main as feasible. 3.5 Develop draft technical memorandum identifying flow rates, wetwell, inlet manhole and pump configurations. The memorandum will list equipment needs, wants, and requirements, including pumps, controls, power generation, access, and maintenance equipment. Include separation of east and west flows into the station to limit backup of western flow. 3.6 Finalize technical memorandum with input from City staff. RH2 Deliverables: · Memorandum to document existing and projected future pump capacity and design criteria list for the station. Draft and final memorandum in electronic (PDF) sent via email. Provided by the City: PDF copies of LS2 and force main as-builts. Task 4 – Topographic Survey by Others Objective: The City will acquire electronic survey data, including invert piping elevations and existing manhole and piping locations at LS2. Metron, with assistance from the City, will call utility locates to incorporate all underground utilities into the survey. Approach: 4.1 City to coordinate with Metron to survey LS2, including land in its vicinity within 50 feet of the existing wetwell and generator building. Develop legal description, boundary survey map, and exhibit map for land to be purchased by the City utilizing City staff. 4.2 City to verify Metron survey information is to RH2 standards and review existing topographic survey information on-site and update survey drawings based on on-site review. Assumptions: · The City will assist with utility locate call in as the City is the franchise owner of the right of way. The survey crew will mark extents of survey with white locate paint on site. · It is assumed that three (3) title reports will be needed to prepare the survey in the private land adjacent to LS2. If additional private land requires survey and/or additional title reports are required they will be provided as necessary. · RH2 will rely on the accuracy of the survey for design. City Deliverables: · Metron will provide AutoCAD electronic survey data via email/download and one (1) paper copy to RH2. One (1) electronic copy of the AutoCAD survey files (CAD format and PDF) will be provided to the City. City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 5 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc · Title reports for up to three (3) properties surrounding LS2 as PDF files. Task 5 – Lift Station 2 Design Plans and Specifications Objective: Provide 30- and 90-percent, and bid-ready standard design plans, specification and cost estimates. Approach: 5.1 Develop 30-percent standard lift station plans, including: a. Cover sheet, including sheet index and vicinity map. b. General notes sheet (approximately one (1) sheet total). c. Standard details sheet (approximately one (1) sheet total). d. Site details sheet (approximately one (1) sheet total). 5.2 Prepare 30-percent structural plans, including: a. Structural plans for the proposed wetwell improvements (approximately three (3) plans total). b. Structural plans for the proposed emergency generator and electrical/control building (approximately three (3) plans total). It is assumed the control building will be constructed of concrete masonry units (CMU) with a truss-supported roof. The generator will either be housed inside the CMU structure or set on a slab within a generator manufacturer’s weatherproof and sound attenuated enclosure. c. Structural details sheets (approximately two (2) sheets total). d. Structural calculations for the proposed wetwell, generator and electrical/control building. It is assumed the existing generator building and foundation will be completely replaced. 5.3 Develop 30-percent mechanical plans, including: a. Mechanical details sheets (approximately two (2) sheets total). b. Mechanical plan and elevation (approximately one (1) sheet total). 5.4 Develop 30-percent electrical plans, including: a. Electrical details and control logic diagram sheets (approximately four (4) sheets total). b. Electrical, generator and telemetry plans (approximately six (6) sheets total). This includes the design of the station using variable frequency drives (VFDs) to reduce short term flow impacts to the 67th Avenue NE trunk sewer. 5.5 Develop 30-percent LS2 site and landscaping design, including: a. Site, temporary erosion and sedimentation control (TESC), and grading/surface restoration plans for the LS2 improvements. The TESC plan is anticipated to be a Small Development TESC and does not include Permanent Stormwater Management or (Permanent) Small Site Controls as they do not appear to be a requirement of this project (approximately three (3) sheets total, including two (2) plans and one (1) detail sheet.) b. Landscaping plan will be designed to provide screening of the proposed emergency generator and electrical/control building from neighbors to the south. Landscaping plan City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 6 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc and detail sheet will be limited to two (2) sheets, including one (1) plan, and one (1) detail sheet. 5.6 Develop 30-percent technical and legal specifications, including: a. Technical specifications for the project utilizing RH2’s standard technical specification library, which will be modified specifically for this project. b. Legal specifications for the project. It is assumed that City’s standard legal specifications will be used, and the City will provide a master Word copy of their standard legal specifications for RH2’s use. RH2 will perform minimal modifications to this document to meet construction requirements. 5.7 Develop 90-percent plans, specifications and estimate. Incorporate comments from the 90-percent review meeting into the design plans and specifications. 5.8 Prepare final plans, including final cost estimate. Finalize plans and specifications. Assumptions: If, during the alternative analysis, new manholes or wetwells will be part of the project, an amendment to this Scope of Work will be required to prepare a geotechnical report to provide design recommendations for deep subsurface excavation, structural soil loading and bearing capacity, groundwater control, and construction techniques. RH2 Deliverables: · Two (2) half-size sets each at 30- and 90-percent review and one (1) full-size PDF set of bid ready plans. It is assumed that production of bid sets will be by outside production via print shop. PDF copies of technical and legal specifications will be provided at 90- percent review, and PDF copies of bid ready specifications will be provided to the City and the print shop. · A PDF copy of the bidding documents, and PDF and DWF copies of the plan sets. Task 6 – Permitting Objective: Assist the City with the permitting requirements for the project. This effort includes preparing applications for a revocable encroachment permit, and SEPA. Approach: 6.1 Prepare revocable encroachment permit application for LS2. 6.2 Prepare SEPA report for City review. Assumptions: · City will complete building permit for LS2 · Services for additional permits or resubmittals will be accommodated by amendment to this Scope of Work, as required. All permit fees shall be paid for directly by the City. Additional permitting may be required by authorities with jurisdiction that are unknown at this time. RH2 Deliverables: · Permit application forms and supporting documents for submission to the City via email in electronic PDF format. Provided by the City: · Payment of all permit fees. City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 7 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc · Building Permit forms and supporting documents. Task 7 – Services During Bidding Objective: Assist the City during the bidding process. Approach: 7.1 Minimally assist the City with the advertisement for bids sent as MS Word file, via email. 7.2 Minimally respond to contractor or supplier questions during a 3-week bidding period. 7.3 Issue up to two (2) addenda if needed to clarify, revise, or change construction plans, technical specifications, or contract conditions during the bidding process. 7.4 Attend pre-bid walk-through. 7.5 Review the lowest responsible bidder information, contact up to three (3) references, and provide contract award recommendation to City staff via email. Assumptions: · Production costs are not part of this Scope of Work. · Plan holders list will be completed by others. · Bid opening and bid tab will be attended and completed by the City. · The City will be the initial responders to Contractor Questions. Provided by the City: · Payment of document production costs. · Attendance at the following: o Flow Monitoring plan and force main routing meeting; o LS2 design criteria meeting; o 30-and 90-percent review meetings; o Pre-bid walk-through; and o Bid opening. · Prepare bid tab. · Review the advertisement for bids and advertise the project for bidding. · Payment for production fees, as necessary, by the print shop for two (2) RH2 copies, necessary City copies, and construction sets. · Distribute construction documents and addenda to prospective bidders. · Maintain plan holders list during bidding. · Review contractor information to determine that responsible bidder requirements are met by checking department of licensing. City of Arlington Sewer System Flow Monitoring Plan Exhibit A Lift Station 2 Rehabilitation Scope of Work 8 12/16/2015 2:05 PM J:\Data\ARL\415-XXX\Contract\PSA_SOW_ARL_Flow Monitoring and LS2 Design_SDB.doc RH2 Deliverables: · Up to two (2) three (3)-page maximum addenda to clarify the construction documents as a PDF sent via email. · Contractor recommendation to City staff as letter in PDF sent via email. EXHIBIT B City of Arlington Sewer System Flow Monitoring Plan Lift Station 2 Rehabilitation Estimate of Time and Expense Description Principal Project Manager Project Engineer Staff Engineer Staff Engineer Project Engineer Project Engineer Permit Specialist Electrical Engineer PM Electrical Project Engineer Electrical Staff Engineer Administrative Support Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Professional VIII Professional V Professional IV Professional III Professional I Professional IV Professional I Professional IV Professional VI Professional III Professional I Administrative V Task 1 Project Management Services 1.1 Meet with City to review draft flow monitoring plan and force main routing memo 4 4 -4 ----1 13 2,336$ -$ 202$ 2,538$ 1.2 Meet with City to review LS2 design criteria -4 --------4 720$ -$ 79$ 799$ 1.3 Prepare for and attend the 30-percent review meeting -4 --4 ----1 9 1,396$ -$ 443$ 1,839$ 1.4 Prepare for and attend the 90-percent review meeting -4 --4 ----1 9 1,396$ -$ 443$ 1,839$ 1.5 Maintain client communication 4 16 -------2 22 3,988$ -$ 180$ 4,168$ 1.6 Prepare and update project schedule 1 4 --------5 933$ -$ 24$ 957$ 1.7 Prepare monthly invoices and ongoing progress 1 12 --------13 2,373$ -$ 60$ 2,433$ Subtotal 10 48 -4 8 ----5 75 13,142$ -$ 1,430$ 14,572$ Task 2 Flow Monitoring Plan and Hydraulic Model Calibration 2.1 Develop flow monitoring equipment locations 1 -2 8 ------11 1,825$ -$ 251$ 2,076$ 2.2 Review flow monitoring data 2 -2 12 ------16 2,674$ -$ 327$ 3,001$ 2.3 Review and establish future flow inputs 2 2 4 16 ------24 4,010$ -$ 458$ 4,468$ 2.4 Update existing sewer model 1 -4 16 ------21 3,437$ -$ 443$ 3,880$ 2.5 Prepare draft flow memorandum 2 -4 24 -----4 34 5,434$ -$ 671$ 6,105$ 2.6 Finalize memorandum 1 -1 8 -----4 14 2,167$ -$ 232$ 2,399$ Subtotal 9 2 17 84 -----8 120 19,547$ -$ 2,381$ 21,928$ Task 3 LS2 Design Criteria 3.1 Perform pump testing on existing pumps -4 --------4 720$ -$ 18$ 738$ 3.2 Review pump test data -4 --4 -----8 1,268$ -$ 114$ 1,382$ 3.3 Summarize flow data -2 2 2 4 -----10 1,566$ -$ 177$ 1,743$ 3.4 Identify layout options and construction costs -4 --16 -----20 2,912$ -$ 388$ 3,300$ 3.5 Develop draft technical memo for the design criteria -8 2 2 8 -----20 3,194$ -$ 312$ 3,506$ 3.6 Finalize design criteria technical memo -4 --4 ----2 10 1,524$ -$ 133$ 1,657$ Subtotal -26 4 4 36 ----2 72 11,184$ -$ 1,142$ 12,326$ Task 4 By Others Task 5 Lift Station 2 Design Plans and Specifications 5.1 Prepare 30% standard lift station plans 1 2 --12 2 -----17 2,557$ -$ 361$ 2,918$ 5.2 Prepare 30% structural plans 1 4 ---12 48 ----65 9,549$ -$ 454$ 10,003$ 5.3 Develop 30% mechanical plans 1 8 --24 ------33 4,941$ -$ 616$ 5,557$ 5.4 Develop 30% electrical plans -4 --4 ---20 24 80 -132 19,824$ -$ 3,401$ 23,225$ 5.5 Develop 30% site and landscape plans 1 4 --12 ------17 2,577$ -$ 309$ 2,886$ 5.6 Develop 30% technical and legal specifications 2 24 --4 8 --4 12 10 8 72 11,712$ -$ 1,035$ 12,747$ 5.7 Prepare 90-percent review documents 4 8 --16 4 12 -4 8 10 4 70 10,718$ -$ 1,167$ 11,885$ 5.8 Prepare final plans, specifications, and estimate 4 10 --26 8 12 -8 16 16 8 108 16,490$ -$ 1,862$ 18,352$ Subtotal 14 64 --98 34 72 -36 60 116 20 514 78,368$ -$ 9,206$ 87,574$ Task 6 Permitting 6.1 Prepare revocable encroachment permit application 1 4 --4 --8 --2 19 3,097$ -$ 496$ 3,593$ 6.2 Prepare SEPA report for City review -4 --1 --16 --1 22 3,705$ -$ 192$ 3,897$ Subtotal 1 8 --5 --24 --3 41 6,802$ -$ 689$ 7,491$ Task 7 Services During Bidding 7.1 Assist with bid advertisement preparation -2 ---------2 360$ -$ 9$ 369$ 7.2 Respond to contractor or supplier questions -8 ---4 --4 4 2 22 3,768$ -$ 232$ 4,000$ 7.3 Issue up to two (2) addenda -8 --8 ---1 4 2 23 3,617$ -$ 378$ 3,995$ 7.4 Attend pre-bid walk-through -4 ---------4 720$ -$ 64$ 784$ 7.5 Provide bid recommendation -2 --------1 3 488$ -$ 13$ 501$ Subtotal -24 --8 4 --5 8 5 54 8,953$ -$ 696$ 9,649$ PROJECT TOTAL 34 172 21 92 155 38 72 24 41 68 116 43 876 137,996$ -$ 15,544$ 153,540$ J:\Data\ARL\415-XXX\Contract\PSA_FEE_ARL_Flow Monitoring and LS2 Design_SDB.xlsm 1/20/2016 1:38 PM City of Arlington Council Agenda Bill Item: NB #8 Attachment H COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Development of Crosswalk Standards ATTACHMENTS: Scope of Work and Fee from Perteet Inc. to develop Crosswalk Standards DEPARTMENT OF ORIGIN Public Works - James Kelly EXPENDITURES REQUESTED: $31,000.00 BUDGET CATEGORY: Transportation Benefit District LEGAL REVIEW: DESCRIPTION: Contract with Perteet, Inc. to develop crosswalk standards for the City of Arlington. HISTORY: Crosswalks are a very integral component of the City’s multimodal transportation, they allow for the safe crossing of pedestrians and bikes across streets and roads. The City of Arlington has a myriad of crosswalk styles installed across the City and has received several complaints about the City’s crosswalks from pedestrians, bicyclists, and trail users. After reviewing the City’s current crosswalk standards, it was decided that a new set of crosswalk standards be developed that are suitable and safe for the crossing location and that incorporate the most current safety materials and equipment. Staff requested qualifications from two different firms for preparation of crosswalk standards. Based on review of the qualifications, staff opted to move forward with Perteet, Inc. and requested a scope of work and fee to develop crosswalk standards. ALTERNATIVES Remand to staff for further investigation Seek out other consultants RECOMMENDED MOTION: I move to approve the scope of work and fee from Perteet, Inc. for development of crosswalk standards and authorize the mayor to sign the contract, pending final approval by the City Attorney. City of Arlington Council Agenda Bill Item: NB #9 Attachment I COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Arlington-Marysville Water Service Area Agreement ATTACHMENTS: Arlington-Marysville Water Service Area Agreement with exhibit DEPARTMENT OF ORIGIN Public Works – James Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: A Water Service Area Agreement between the City of Marysville and the City of Arlington agreeing to changes in the adjoining water service area. HISTORY: Due to preexisting arrangements and agreements, there are portions of Arlington that are within the City of Marysville’s water service area. This agreement will transfer the water service area delineated from 51st Ave west to 43rd Ave, and from 172nd St (SR-531) south to City limits from the City of Marysville to the City of Arlington. ALTERNATIVES Do not assume this water service area Remand to staff for further investigation RECOMMENDED MOTION: I move to approve the Water Service Area Agreement between the City of Marysville and the City of Arlington and authorize the mayor to sign, pending final approval by the City Attorney. WATER SERVICE AREA CHANGE AGREEMENT City of Marysville and City of Arlington Page 1 of 2 WATER SERVICE AREA CHANGE AGREEMENT between CITY OF ARLINGTON and CITY OF MARYSVILLE An Agreement between the City of Arlington (Arlington) and the City of Marysville (Marysville), individually a "Party" and collectively the "Parties": WHEREAS, the above Parties each provide retail water service to a Water Service Area agreed to and established in the North Snohomish County Coordinated Water System Plan and identified on the Coordinated Water Service Plan (CWSP); and WHEREAS, Arlington and Marysville each previously signed an "Agreement for Establishing Water Utility Service Area Boundaries," on file with Snohomish County Planning and Development Services (PDS), an example of which can be found in Appendix D of the 2010 update to the North Snohomish County Coordinated Water System Plan; and WHEREAS, the current respective water service areas of the Parties to this Agreement are indicated in Figure 1-1 of the CWSP (December 2010 edition); and · WHEREAS, Section Ill 2.D. of the CWSP allows service area boundaries to be revised at any time with the execution of revised service area agreements by authorized representatives of each affected purveyor; and WHEREAS, this Agreement shall serve as an amendment to the agreements on file with PDS; NOW, THEREFORE, the Parties hereby agree to adjust their respective water service areas to match the Proposed Boundaries on Exhibit A attached hereto and included herein by reference. THIS AGREEMENT SHALL BE EFFECTIVE with respect to each Party when that Party's authorized representative executes the agreement. The original signature pages shall be delivered to the attention of Gary ldleburg at PDS, which maintains the file of water service area agreements under the CWSP. Copies of the signature pages shall be delivered to each Party to this Agreement. This Agreement may be executed in counterparts. WATER SERVICE AREA CHANGE AGREEMENT City of Marysville and City of Arlington Page 2 of 2 IN AGREEMENT WHEREOF, the undersigned parties execute this Agreement City of Arlington Water Utility City of Marysville Water Utility Receipt Acknowledged South Arlington CWSP Adjustment± Date: File: Cartographer: Scale:SArlMarUtilExp8.5x11portrait_15 5/14/2015 akc 1 inch = 1 ,00 0 fee t Legend ArlingtonCWSP AdjustmentArea !"`$?Ô Arlington Marysville Bo rd er CWSP(Arlington) CWSP (Marysville) CWSP (Marysville) 43rd Ave NE 51st Ave NE168THPLNE 33RD AVENE 41STDRNE 170TH PL NE 156TH ST NE 177TH PL NE 177TH PL NE 42NDAVENE165THPLNE 179TH ST NE 176TH PL NE 156TH ST NE 51ST AVE NE 179TH PL NE 174TH PL NE 175TH PL NE 169TH PL NE 178TH PL NE 175TH PL NE 31STDRNE 40THAVE NE 180TH ST NE 177TH PL NE 176TH PL NE 166TH PL NE 168TH ST NE SMOKEYPOINTDR SMOKEY POINT BLVD 51ST AVE NE SMOKEY POINT BLVD 51ST AVE NE I-5 SMOKEY POINT BLVD AIRPORT BLVD 172ND ST NESMOKEY POINT BLVD 43RD AVE NE 172ND ST NE TWIN LAKES AVE I-5 SR 531 I-5 State RoutesRoadsBuildings City of ArlingtonCWSP (Arlington)CWSP (Marysville)CWSP (proposed) City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express orimplied, including but not limited to warranties of suitability for a particular purpose or use. Mapdata are compiled from a variety of sources which may contain errors and users who rely uponthe information do so at their own risk. Users agree to indemnify, defend, and hold harmless theCity of Arlington for any and all liability of any nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of the data presented in the maps. Vicinity Ma p City of Arlington Council Agenda Bill Item: NB #10 Attachment J COUNCIL MEETING DATE: February 1, 2016 SUBJECT: DNR Forestry Crew Inter-Agency Agreement ATTACHMENTS: Inter-Agency Agreement, Map of projects DEPARTMENT OF ORIGIN Public Works – Bill Blake EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City of Arlington has the opportunity as a “Tree City” to receive four weeks of a tree crew’s labor. The attached agreement outlines the conditions and proposed tree project locations in the City. The crew is limited to work on tree maintenance and tree installation projects that enhance urban forestry conditions. HISTORY: The City of Arlington was designated a “Tree City” in 2003. Since that time the City has held annual Arbor Day celebrations, and planted thousands of trees in the parks, wetlands and stream buffers. As a Tree City we qualify for one-month of the DNR Tree crew services at no cost to the City which is equivalent to $20,000. This value can be put towards our annual $2.00 per capita requirement to be spent on urban forestry management. The City will be responsible to haul off of any trimmed branches, pay for any new trees planted, and implement a three year monitoring plan. ALTERNATIVES Authorize Inter-Agency Agreement No Action RECOMMENDED MOTION: I move to authorize the mayor to sign the Inter-Agency Agreement with the Department of Natural Resources for four weeks of a tree crew’s labor, pending final review by the City Attorney. 1 of 6 Agreement No. IAA 16-50_Arlington INTERAGENCY AGREEMENT WITH THE CITY OF ARLINGTON Agreement No. IAA 16-50 This Agreement is between the City of Arlington, referred to as the City, and the Washington State Department of Natural Resources Urban and Community Forestry Program, referred to as DNR. DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural Resources. DNR and the City of Arlington enter into this agreement under Chapter 39.34, Interlocal Cooperation Act. The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry maintenance and restoration tasks in the City. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington State Dept. of Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget Sound. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. DNR shall furnish a SoundCorps crew and the City shall provide all materials and services pertinent to performing work set forth in the Attachment A. 2.01 Period of Performance. The period of performance of this Agreement shall be from October 1, 2015, to June 30, 2019, unless terminated sooner as provided herein. Both parties agree that DNR will provide the City four (4) weeks of crew work between October 1, 2015 and March 30, 2016. 3.01 Payment. DNR provides the services of the SoundCorps crew in exchange for the City’s matching commitment to the project as described in Attachment A. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be ‘works for hire’ as defined by the U.S. Copyright Act of 1976 and shall be equally owned by DNR and the City. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or 2 of 6 Agreement No. IAA 16-50_Arlington sound reproductions. Ownership includes the right to use, copyright, patent, register and the ability to transfer these rights. 7.01 Independent Capacity. The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments. This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board’s determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor’s process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement can not be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall unreasonably withhold consent. 3 of 6 Agreement No. IAA 16-50_Arlington 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party’s rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Indemnification. To the fullest extent permitted by law, the City shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. “Claim” as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys’ fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The City’s obligation to indemnify, defend, and hold harmless includes any claim by the City’s agents, employees, representatives, or any subcontractor or its employees. The City expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to the City’s or any subcontractor’s performances or failure to perform the Agreement. The City’s obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its agents, agencies, employees and officials. The City waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees. 17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 19.01 Project Coordinators. (1) The Project Coordinator for the City is Bill Blake, Telephone Number (360) 403- 3440. (2) The Project Coordinator for DNR is Micki McNaughton, Telephone Number (360) 902-1637. 4 of 6 Agreement No. IAA 16-50_Arlington IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF ARLINGTON Dated: ____________________, 20___ By: Title: Address: Phone: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: ____________________, 20___ By: Robert W. Johnson Title: Resource Protection Division Manager Address: 1111 Washington Street SE MS 47037 Olympia, Washington 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 5 of 6 Agreement No. IAA 16-50_Arlington Attachment A STATEMENT OF WORK DNR will provide the following to the City for projects that receive assistance under the Urban Forest Restoration Project:  Template for media release to assist in building public awareness of crew work.  SoundCorps crew time to perform urban forestry maintenance and restoration tasks as outlined below: o Portage/Krueger Creek buffers at Jensen Farm. Remove Himalayan blackberry and other non-native invasive plant species. o Prairie Creek buffers at Jensen Business Park. Remove nightshade and other non- native invasive plant species. o Prairie Creek at Eagle Heights. Remove Himalayan blackberry and other non- native invasive plant species. o Country Charm Park and Conservation Area, E Gilman Ave. Remove Himalayan blackberry and other non-native invasive plant species. Prepare site for planting project. o Old-town Stormwater Wetland Park, 1100 West Ave. Remove Himalayan blackberry and other non-native invasive plant species. o Park and street trees, various locations. Pruning and maintenance as directed by City staff. o Other sites and/or locations as agreed by the City’s Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location.  Report that includes a description of the project and the work accomplished.  Template for three-year maintenance and monitoring plan.  Template for annual monitoring report. Local projects must be on public property, and work performed by the crew may not replace workers already in place or contracted. SoundCorps crews are covered by Washington State Dept. of Ecology (Ecology) insurance through Washington State Dept. of Labor and Industries (L & I) while working on project sites and traveling to and from work locations. SoundCorps crews are responsible for the maintenance and repair of any equipment provided by SoundCorps and/or Ecology. The City is responsible for the maintenance and repair of any equipment provided by the City and used by the SoundCorps crew under the direction of City staff. The City commits to the following in consideration for the services of the DNR-sponsored crew:  Post media releases in advance of and/or during the crew’s time with the City.  Acquire any permits necessary for project work.  Dispose of materials removed during project activities (English ivy vines, blackberry canes, trash, etc.). 6 of 6 Agreement No. IAA 16-50_Arlington  Provide any and all materials required for project completion (plants, mulch, herbicide, staking materials, etc.).  Provide traffic control, including traffic control plan, barriers, cones, flagging materials, etc. as necessary to ensure the safety of the crew and public.  Develop and implement a three-year maintenance and monitoring plan for the project site within 60 days of receiving the DNR Report of the crew’s work.  Report monitoring results to the DNR Urban and Community Forestry Program annually for three years beginning the year after the crew’s work per the approved three-year maintenance and monitoring plan. 2,200’ 900’ 950’ 2,000’ x 20’ – Tree Maintenance Areas Provided by Parks 1. Twin Rivers Park – maple trees in front lot median and Sycamore trees along front lot – limb up 2. High Clover Park – oak trees & birch trees – limb up 3. Centennial Trail – Les Schwabb to Burke St. – limb up 4. York Park – limb up 5. Wedgewood Park – limb up City of Arlington Council Agenda Bill Item: NB #11 Attachment K COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Hazard Mitigation Plan Annex Adoption ATTACHMENTS: Arlington Hazard Mitigation Plan Annex, Resolution DEPARTMENT OF ORIGIN Public Works – Bill Blake EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City of Arlington adopted a Natural Hazards Mitigation Plan Annex in 2010 as an element of the County Wide Natural Hazards Plan. The attached document is the updated 2015 Annex that has been reviewed and approved by the authorizing agencies. Table 7 of the plan provides a list of specific actions that Arlington can pursue through existing funds or grant funding to prepare for Natural Hazard events. HISTORY: The City of Arlington’s last Hazard Mitigation plan annex was completed and adopted in 2010. The City is participating per along with Snohomish County Department of Emergency Management in updating our County wide Hazard Mitigation Plan. Arlington submitted their draft Annex in February to Snohomish County. The local drafts were sent to the State Hazard Mitigation Officer and to FEMA where they were approved. The final step is to take the approved Annex to the City Council for adoption and we will be in compliance with the 5-year planning cycle identified in CFR 44. ALTERNATIVES Adopt resolution No action RECOMMENDED MOTION: I move to approve the Resolution adopting the Updated and Revised Snohomish County Hazard Mitigation Plan pending final review by City Attorney. 3-1 3 CITY OF ARLINGTON AN NEX 3.1 HAZARD MITIGATIO N PLAN POINT OF CONT ACT Primary Point of Contact Alternate Point of Contact Bill Blake, Natural Resources Manager 154 W Cox Arlington, WA 98223 Telephone: 360-403-3440 e-mail Address: bblake@arlingtonwa.gov Marc Hayes, Permit Center Manager 18204 59th Avenue NE Arlington, WA 98223 Telephone: 360-403-3457 e-mail Address: mhayes@arlingtonwa.gov 3.2 JURISDICTION PRO FILE The following is a summary of key information about the jurisdiction and its history:  Date of Incorporation—1903  Current Population—17,930 as of 2013 Census  Population Growth—The population growth went from 17,926 in 2010 to 17,930 in 2012. There had been a strong growth rate since 1980 that slowed with the recession in 2008.  Location and Description—The City of Arlington is located in northern Snohomish County approximately 10 miles north of Everett and 40 miles north of Seattle. The City limits cover an area of approximately 9.2 square miles, and is roughly bounded by the Stillaguamish River and its flood plain on the north-northwest; I-5 on the west; 164th Street NE to 67th Avenue then 172nd Street on the south; and by SR-9 and the South Fork Stillaguamish flood plain on the east. The City of Marysville lies to the south, the Stillaguamish Indian Reservation to the north and the Tulalip Indian Reservation to the southwest. Further east up the Stillaguamish Valley is the City of Darrington.  Brief History—The city was born at the confluence of the North and South Fork Stillaguamish River near a Stillaguamish Tribal Village. The town started as Haller City around 1891 and was then incorporated as City of Arlington in 1903. The industrial growth started with logging and quickly moved to agriculture in the valley floor. Industrial growth started to become established around the Airport in the 1960s and has been growing ever since. The town footprint stayed close to the same size until Gleneagle Development began in the 1980s and the annexation of Smokey Point in 1999.  Climate—On average, the warmest month is August; the highest recorded temperature was 98°F in 1955. January is the average coolest month; the lowest recorded temperature was 0°F in 1993. The maximum average precipitation occurs in November. City of Arlington Annex 3-2  Governing Body Format—The City of Arlington is a Mayor–Council form of government; seven elected council members and a part-time mayor govern Arlington and will assume responsibility for adoption of this plan. The City Administrator oversees day-to-day operation of City-sponsored services, which include: administrative services, development services (includes planning, engineering, utilities, and natural resources), finance, airport operations, police, and fire. Washington State Law (Revised Code of Washington (RCW) Chapter 36.70) requires counties that meet specified population criteria, and the cities within those counties, to prepare and adopt a comprehensive long-range plan to serve as a guide for community development. The plan must consist of an integrated and internally consistent set of goals, policies, and implementation measures. In addition, the plan must focus on issues of the greatest concern to the community and be written in a clear and concise manner. City actions, such as those relating to land use allocations, annexations, zoning, subdivision and design review, redevelopment, and capital improvements, must be consistent with such a plan. The City of Arlington is in compliance and good standing with the provisions of RC W 36.70 and adopted its most recent general plan in 2005 and updated the plan in 2009. The City will review and amend its Comprehensive Plan as necessary. Future growth and development will be managed as identified in this plan.  Development Trends—The City and the immediate area is primarily suburban and rural residential with supporting retail and commercial enterprises. Light industrial and manufacturing business are located in the central portions of the City around the City-owned Arlington Airport. Unlike many small towns, Arlington is an employment center with approximately 2.2 jobs per household. The local industrial, commercial, and retail activities provide a significant portion of the area’s economic base, which is supplemented by “commuter payrolls” in nearby Everett. Therefore, the economy of Arlington is influenced by the industry in the surrounding area, the most significant of which is Boeing’s manufacturing facilities, the Navy’s carrier home base, and the “Technology Corridor.” Over the years, the greater Arlington area has realized an increase in commercial and industrial growth. The most significant growth has occurred at the City’s municipal airport. In addition to the many aviation related assets, the airport also provides benefits to loc al businesses and industries and encourages additional economic development and expansion throughout the City and surrounding communities. The Airport is also in the process of developing an additional 124 acres of business parks. Smokey Point, annexed to the City in 1999, is a business community located in southwest Arlington that is a rapidly growing commercial and retail area that serves the City and the City of Marysville. Island Crossing was annexed into the City in 2009 and includes a large portion a long the Stillaguamish River, commercial farming, and a few retail stores near the I-5 interchange. 3.3 JURISDICTION -SPECIFIC NATURAL HAZ ARD EVENT HISTORY Table 3-1 lists all past occurrences of natural hazards within the jurisdiction. Repetitive loss reco rds are as follows:  Number of FEMA Identified Repetitive Flood Loss Properties: None City of Arlington Annex 3-3  Number of Repetitive Flood Loss Properties that have been mitigated: None 3.4 HAZARD RISK RANK ING Table 3-2 presents the ranking of the hazards of concern. 3.5 CAPABILITY ASSESSMENT The assessment of the jurisdiction’s legal and regulatory capabilities is presented in Table 3-3. The assessment of the jurisdiction’s administrative and technical capabilities is presented in Table 3-4. The assessment of the jurisdiction’s fiscal capabilities is presented in Table 3-5. Classifications under various community mitigation programs are presented in Table 3-6. 3.6 HAZARD MITIGATIO N ACTION PLAN AND EV ALUATION OF RECOMMEN DED INITIATIVES Table 3-7 lists the initiatives that make up the jurisdiction’s hazard mitigation plan. Table 3-8 identifies the priority for each initiative. Table 3-9 summarizes the mitigation initiatives by hazard of concern and the six mitigation types. 3.7 STATUS OF PREVIO US PLAN INITIATIVES Table 3-10 summarizes the initiatives that were recommended in the previous version of the hazard mitigation plan and their implementation status at the time this update was prepared. 3.8 FUTURE NEEDS TO BETTER UNDERSTAND RI SK/VULNERABILITY Hazard area extent and location maps have been generated for the City of Arlington and are included at the end of this chapter. These maps are based on the best available data at the time of the preparation of this plan, and are considered to be adequate for planning purposes. The City will coordinate with the State on generation of landslide hazard maps as recommended by the Governors 530 slide commission report. 3.9 INTERNAL PLANNIN G PROCESS The internal planning process is described in Appendix E of this document. 3.10 ADDITIONAL COMMENTS The City of Arlington incorporates a continuous improvement practice which relies on integrating the most recent information available including climate change projections into our GIS mapping and planning tools. The City depends on coordination with County and State agencies to assure we have a common understanding of the risks, and implement standard practices to reduce the hazards associated with those risks. City of Arlington Annex 3-4 TABLE 3-1. NATURAL HAZARD EVENTS Type of Event FEMA Disaster # (if applicable) Date Preliminary Damage Assessment Oso Slide Support March 2014 $210,681.26 Severe Winter Storm 1825/DR 2012 FEMA assistance $250 Severe Winter Storm 1825/DR 2012 FEMA assistance $111,048 Severe Winter Storm 1817/DR 1/2009 $96,323 Severe Winter Storm 1825/DR 12/2008 $239,256 Severe Storm 1671/DR 11/2006 $2700 Windstorm N/A 1/2003 $30,000 Flood/Landslide 1172-DR 3/1997 $160,247 Flood 896-DR 3/1990 $168,948 City of Arlington Annex 3-5 TABLE 3-2. HAZARD RISK RANKING Rank Hazard Type Risk Rating Score (Probability x Impact) Description of Risk (Describe the community impacts) 1 Flood 36 Major flooding impacts Arlington directly and indirectly through inundation of property as well as transportation interruptions. Potential to impact Haller Well field. 1 Climate Change 36 Precipitation and flooding events are increasing in magnitude. Wildfire is also a threat due to increased temperatures and temporal changes to frequency of precipitation events. Threats are to human, wildlife and fish depending on Natural Resources. 1 Earthquake 36 May cause building damage, infrastructure damage to transportation, water supply and sewer systems, and physical and emotional threat to humans. 2 Severe Weather 33 Wind, rain or snow all present physical destruction and flooding hazards depending on the magnitude of the event. 3 Landslide 24 Damage can be site specific or adjacent to a location that can cause direct harm or indirect harm to municipal services such as water, sewer, transportation 4 Wildland Fire 18 Due to climate change there is potential for urban wildfires to impact structures, potentially first within the mapped low to moderate hazard zones. 5 Volcano/Lahar 8 The main threat from lahar would be impacts to the Haller Well field, Water Reclamation plant, and Island Crossing infrastructure and structures. Human life impacts should be limited due to ample notification. 5 Tsunami 8 Pending creation of County mapping (CW35) damage is unknown but may occur along river channel at Island Crossing. 6 Avalanche 6 No direct impacts anticipated to Arlington, but potential impact to Arlington’s Public Safety resources or economic activity from events on Mt. Loop highway or SR 20. N/A Dam Failure 0 City of Arlington Annex 3-6 TABLE 3-3. LEGAL AND REGULATORY CAPABILITY Local Authority State or Federal Prohibitions Other Jurisdictional Authority State Mandated Comments Codes, Ordinances & Requirements Building Code Y N N Y AMC Title 16; International Building Code adopted 7/19/04 by Ord. #1343 Ord. #1427 adopted 2007 Zonings Y N N Y AMC Title 20: Land Use Code Adopted 9/15/03 Subdivisions Y N N Y AMC Title 20: Land Use Code Adopted 9/15/03 Stormwater Management Y N N Y Ord. 1266 adopted Storm Water Utility 9/4/2001, AMC chapter 13.28 Post Disaster Recovery Y N N N Emergency Response Plan adopted in 2001—Resolution #624 Emergency Operations Plan in place but not formally adopted as of this date, Comprehensive Emergency Management Plan Adopted 10/04/2010, Resolution #2010-013 Real Estate Disclosure N N N N No adopted regulations City of Arlington Annex 3-7 TABLE 3-3. LEGAL AND REGULATORY CAPABILITY Local Authority State or Federal Prohibitions Other Jurisdictional Authority State Mandated Comments Growth Management Y N N Y Growth Management Act compliant Comprehensive Plan 1995–2015. Adopted Dec. 2005 and last amended , Ordinance 2013-014 Lakewood SD Facilities (8/6/13), Ordinance 2012-015 SMP (7/16/12),Ordinance 2012- 009 Airport Master Plan (5/21/12),Ordinance 2012-008 National Foods Comp Plan Amendment – 43rd/51st (05/07/12), Ordinance 2012-007 43rd/172nd Comp Plan Amendment (05/07/12) Ordinance 2012-001 MIC (01/03/12) Site Plan Review Y N N Y Title 14.02 (updated Aug. 1998 by Ord. 1867) Special Purpose (flood management, critical areas) Y N N N AMC Title 20 (adopted 9/15/03), Chapter 20.64 Flooding, drainage & erosion. Last amended 2013 AMC 13.28 AMC Title 20; Chapter 20.88 Environmentally critical areas AMC 20.93 last amended 2014 City of Arlington Annex 3-8 Planning Documents General or Comprehensive Plan Y N N Y Updated 4/20/2009, Ord. 1466, 1467, 1468. Comprehensive plan last amended Ordinance 2013- 014 Lakewood SD Facilities (8/6/13), Ordinance 2012-015 SMP (7/16/12), Ordinance 2012- 009 Airport Master Plan (5/21/12), Ordinance 2012-008 National Foods Comp Plan Amendment—43rd/51st (05/07/12), Ordinance 2012-007 43rd/172nd Comp Plan Amendment (05/07/12) Ordinance 2012-001 MIC (01/03/12) Floodplain or Basin Plan N N N N City adopted the Stillaguamish River Flood Comprehensive Plan Sept. 2004 Stormwater Plan Y N N N See Stormwater Utility Ord. 1266 Capital Improvement Plan Y N N N The city has drafted a citywide CIP but it is not currently adopted. Individual department comprehensive plans contain CIP lists. Habitat Conservation Plan Y N N N The City has Critical Areas, Shoreline Master Plan, and Riparian Hazard Zone maps that provide habitat conservation. Economic Development Plan Y N N N An element of the Comp Plan Emergency Response Plan Y N N N ERP adopted in 2001—Resolution #624 EOP in place , Comprehensive Emergency Management Plan Adopted 10/04/10, Resolution 2010-013 Shoreline Management Plan Y Y N Y SMP updated 12.6.2011, Ord. 211-029 adding AMC 20.93, repealing 20.92 City of Arlington Annex 3-9 Post Disaster Recovery Plan N N N N Emergency Response Plan adopted in 2001—Resolution #624 Emergency Operations Plan in place , Comprehensive Emergency Management Plan Adopted 10/04/10, Resolution 2010-013 Other Salmon Recovery Plan Y N N Y Arlington is part of the Stillaguamish Watershed Chinook Recovery Planning Effort. (WRIA 5 June 2005) City of Arlington Annex 3-10 TABLE 3-4. ADMINISTRATIVE AND TECHNICAL CAPABILITY Staff/Personnel Resources Available? Department/Agency/Position Planners or engineers with knowledge of land development and land management practices Y 1 Public Works Director 1 City Engineer 1 Community and Economic Development Director 1 Permit Center Manager 1 Natural Resources Manager Engineers or professionals trained in building or infrastructure construction practices Y 1 Public Safety Officer 1 Public Works Director 1 City Engineer 1 Community and Economic Development Director 1 Building Official 1 Fire Chief Planners or engineers with an understanding of natural hazards Y 1 Public Safety Officer 1 Public Works Director 1 Natural Resources Manager 1 City Engineer 1 Community and Economic Development Director 1 Building Official 1 Fire Chief Staff with training in benefit/cost analysis Y 1 Public Works Director Floodplain manager 1 Community and Economic Development Director 1 Natural Resources Manager 1 Building Official 1 City Engineer 1 Public Works Director Surveyors N Personnel skilled or trained in GIS applications Y 1 GIS Manager 1 GIS Analyst Scientist familiar with natural hazards and Climate Change in local area Y 1 Natural Resources Manager Emergency manager N City of Arlington Annex 3-11 TABLE 3-4. ADMINISTRATIVE AND TECHNICAL CAPABILITY Staff/Personnel Resources Available? Department/Agency/Position Grant writers Y 1 Public Works Director 1 Public Safety Officer 1 Recreational Manager 1 City Engineer 1 Permit Center Manager 1 Natural Resources Manager TABLE 3-5. FISCAL CAPABILITY — — — — — City of Arlington Annex 3-12 TABLE 3-6. COMMUNITY CLASSIFICATIONS Participating? Classification Date Classified Community Rating System No N/A N/A Building Code Effectiveness Grading Schedule Yes 3/3 8/2011 Public Protection Yes 5 5/2010 Storm Ready Yes N/A 10/2013 Firewise No N/A N/A Tsunami Ready No N/A N/A City of Arlington Annex 3-13 TABLE 3-7. HAZARD MITIGATION ACTION PLAN MATRIX Applies to new or existing assets Hazards Mitigated Objectives Met Lead Department & Position Estimated Cost Sources of Funding Timeline Included in Previous Plan? Initiative A1—Create interactive website with mapping capabilities to assist residents when flooding and road conditions are treacherous, to provide information site during disasters for Arlington residents. New All Hazards 7 City (IT/PW/GIS/N R) $15,000 GIS grants, Public Warning grants, State grants Short term Yes Initiative A2—Replace Gleneagle Reservoir Roof, which is the part of the City’s potable water system. New & Existing Earthquake 3, 7, 9 City Public Works $526,561 CIP Funding, FEMA Hazard Mitigation (HMG) Grants, CDBG Long term Yes Initiative A3—Perform Flood modeling and develop Island Crossing Engineering Design for surface water management and infrastructure improvements. New & Existing All Hazards 1, 2, 3, 5, 7, 8 City Public Works $300,000 Floodplains by Design grant, FEMA HMG Short term Partially Initiative A4—Mitigate risk to lift Station 11 which is in flood zone by either relocating or placing armored barriers New Flood 7,9 City Public Works $350,000 State Grant, Utility grant, FEMA HMG Short term Yes Initiative A5—Enlarge Prairie Creek culvert beneath BNSF ROW to reduce flood risk of Jensen business park. New and Existing Flood 7, 9 City Public Works $1,200,000 State Grant, FEMA HMG Short term Yes Initiative A6—Support County-wide initiatives identified in Chapter 21 of Volume 1. New and Existing All Hazards All City Executive Low General Fund Short term, ongoing Yes City of Arlington Annex 3-14 TABLE 3-7. (CONTINUED) HAZARD MITIGATION ACTION PLAN MATRIX Applies to new or existing assets Hazards Mitigated Objectives Met Lead Department & Position Estimated Cost Sources of Funding Timeline Included in Previous Plan? Initiative A7—Continue to maintain compliance and good standing with the National Flood Insurance Program. New and Existing Flooding 1, 2, 3, 4, 5 City Community and Economic Develop. Low General Fund, Development Mitigation Short term, ongoing Yes Initiative A8—Where appropriate, support retrofitting, purchase, or relocation of structures located in hazard - prone areas to protect structures from future damage, with repetitive loss and severe repetitive loss properties as priority when applicable. Existing All Hazards 2, 7 City Community and Economic Develop. High FEMA HMG, with local match provided by property owner Long term depends on funding Yes Initiative A9—Continue to support the implementation, monitoring, maintenance, and updating of this Plan. New and Existing All Hazards All City Executive Low General Fund, FEMA HMG for 5-year update Short term, Ongoing Yes Initiative A10—Integrate, where appropriate, risk assessment information from the Snohomish County Hazard Mitigation Plan into other planning mechanisms available to the City such as: Capital Improvement Program, Comprehensive Plan processes, Floodplain and landslide hazard mitigation plans. New and Existing All Hazards All City Public Works Low General Fund Short term, ongoing Yes Initiative A11—Integrate Climate Change responses in to Comprehensive Plan process to assure modeling and planning include the most recent assessments of storm intensity and flood elevations. New and Existing All Hazards 1, 2, 3, 4, 5, 7, 8 City Community and Economic Develop Low General Fund, State grants Ongoing No City of Arlington Annex 3-15 Initiative A12—Purchase standalone generators for the Airport Office improving the ability to support North Snohomish County disaster response for multiple-agency staging and logistics. Existing All Hazards 7, 9 City Airport Medium General Fund, State or Tribal grant Short term No Initiative A13—Install the generator located at the City Maintenance and Operations Facility improving the ability to support North Snohomish County disaster response for multiple-agency staging and logistics. Existing All Hazards 6, 7, 9 City Community and Economic Develop. Medium General Fund, State grant Short term No Initiative A14—Develop a procedure to allow for a rapid response and rebuild of public and private sector infrastructure following a catastrophic event. The process would allow an immediate rebuild to previously existing scale with required retro-active inspections to assure life safety and code compliance. Existing Earthquake Severe Weather 5, 6, 7 City Community and Economic Develop Low General Fund Long term No Initiative A15—Establish and provide training of Community Emergency Response Teams (CERTs). New and Existing All Hazards 3, 5, 6, 7, 8 City Public Safety Low General Fund, State or FEMA HMG grant Long term No Initiative A16—Inventory, assess, and purchase the appropriate number and type of various valves, motors, and pipe sections necessary to rapidly restore drinking water and sanitary sewer function following a catastrophic event. Existing All Hazards 6, 7, 9 City Public Works Medium Utility grant, Tribal grant Long term No City of Arlington Annex 3-16 TABLE 3-8. MITIGATION STRATEGY PRIORITY SCHEDULE Initiative # # of Objectives Met Benefits Costs Do Benefits Equal or Exceed Costs? Is Project Grant- Eligible? Can Project Be Funded Under Existing Programs/Budgets? Prioritya A1 1 High Low Yes Yes No High A2 3 Medium Medium Yes Yes No High A3 6 Medium Medium Yes Yes No High A4 2 High High No Yes No Medium A5 2 Medium Medium Yes Yes No Medium A6 9 Medium Low Yes No Yes High A7 5 Medium Low Yes No Yes High A8 2 High High Yes Yes No Medium A9 9 Medium Low Yes Yes Yes High A10 9 High Low Yes No Yes High A11 7 Medium Low Yes Yes No High A12 2 High Med Yes Yes No High A13 3 High Low Yes Yes No High A14 3 Low Low Yes No Yes Medium A15 5 Medium Low Yes Yes No High A16 3 High Med Yes No No Med a. Explanation of priorities • High Priority: Project meets multiple plan objectives, benefits exceed cost, funding is secured under existing programs, or is grant eligible, and project can be completed in 1 to 5 years (i.e., short -term project) once funded. • Medium Priority: Project meets at least 1 plan objective, benefits exceed costs, requires special funding authorization under existing programs, grant eligibility is questionable, and project can be completed in 1 to 5 years once funded. • Low Priority: Project will mitigate the risk of a hazard, benefits exceed costs, funding has not been secured, project is not grant eligible, and timeline for completion is long term (5 to 10 years). City of Arlington Annex 3-17 TABLE 3-9. ANALYSIS OF MITIGATION INITIATIVES Initiative Addressing Hazard, by Mitigation Type Hazard Type 1. Prevention 2. Property Protection 3. Public Education and Awareness 4. Natural Resource Protection 5. Emergency Services 6. Structural Projects Avalanche A-3, A-6, A-9, A-10 A-6, A-8 A-1, A-6, A-9 A-6 A-6, A-12, A-13, A-15, A-16 A-6 Dam Failure Earthquake A-3, A-6, A-9, A-10, A-14 A-2, A-6, A-8 A-1, A-6, A-9, A-15 A-6 A-6, A-12, A-13, A-15, A-16 A-6 Flood A-3, A-5, A-6, A-7, A-8, A-9, A-10 A-4, A-5, A-6, A-7, A-8 A-1, A-6, A-7, A-9, A-15 A-6, A-7, A-8 A-6, A-7, A-12, A-13, A-15, A-16 A-4, A-5, A- 6, A-7, A-8 Landslide A-3, A-6, A-9, A-10 A-6, A-8 A-1, A-6, A-9, A-15 A-6 A-6, A-12, A-13, A-15, A-16 A-6 Severe Weather A-3, A-6, A-9, A-10, A-14 A-6, A-8 A-1, A-6, A-9, A-15 A-6 A-6, A-12, A-13, A-15, A-16 A-6 Climate Change A-3, A-6, A-7 A-8, A-9, A-10 A-11 A-2, A-4, A-5, A-6, A-7, A-8, A-11 A-1, A-6 A-9, A-11 A-3, A-5, A-6 A-7, A-8, A-11 A-1, A-6, A-11 A-12, A-13 A-2, A-3, A- 4, A-5, A-6 A-8 Tsunami A-3, A-6, A-9, A-10 A-6, A-8 A-1, A-6, A-9, A-15 A-6 A-6, A-12, A-13, A-15, A-16 A-6 Volcano/Lahar A-3, A-6, A-9. A-10 A-6, A-8 A-1, A-6, A-9, A-15 A-6 A-6, A-12, A-13, A-15, A-16 A-6 City of Arlington Annex 3-18 Wildfire A-3, A-6, A-9, A-10 A-6, A-8 A-1, A-6, A-9, A-15 A-6 A-6, A-12, A-13, A-15, A-16 A-6 Notes: 1. Prevention: Government, administrative or regulatory actions that influence the way land and buildings are developed to reduce hazard losses. Includes planning and zoning, floodplain laws, capital improvement programs, open space preservation, and stormwater management regulations. 2. Property Protection: Modification of buildings or structures to protect them from a hazard or removal of structures from a hazard area. Includes acquisition, elevation, relocation, structural retrofit, storm shutters, and shatter-resistant glass. 3. Public Education and Awareness: Actions to inform citizens and elected officials ab out hazards and ways to mitigate them. Includes outreach projects, real estate disclosure, hazard information centers, and school -age and adult education. 4. Natural Resource Protection: Actions that minimize hazard loss and preserve or restore the functio ns of natural systems. Includes sediment and erosion control, stream corridor restoration, watershed management, forest and vegetation management, and wetland restoration and preservation. 5. Emergency Services: Actions that protect people and property during and immediately after a hazard event. Includes warning systems, emergency response services, and the protection of essential facilities. 6. Structural Projects: Actions that involve the construction of structures to reduce the impact of a hazard. In cludes dams, setback levees, floodwalls, retaining walls, and safe rooms. City of Arlington Annex 3-19 TABLE 3-10. PREVIOUS ACTION PLAN IMPLEMENTATION STATUS Action Status Action # Completed Carry Over to Plan Update Removed; No Longer Feasible Comments 1 X Station 46 has been remodeled. 2 X Food bank moved to Airport with Community Block grant. 3 X Action has been moved to A-1 of updated plan. 4 X Action has been moved to A-2 of updated plan. 5 X Will continue to apply for grant funding. 6 X Action has been moved to A-4 of updated plan. 7 X The generator was purchased and installed to support the runway lights. 8 X One more culvert to complete under BNSF. 9 X Action has been moved to A-6 of updated plan. 10 X Action has been moved to A-7 of updated plan. 11 X City upgraded to meet the BiOp. 12 X Flood modeling may indicated infrastructure relocation. 13 X Action has been moved to A-9 of updated plan. 14 X Action has been moved to A-10 of updated plan. 15 X County maintains gauge. City of Arlington Annex 3-20 Map 3-1. City of Arlington Critical Facilities City of Arlington Annex 3-21 Map 3-2. City of Arlington 100-year Probabilistic Earthquake Scenario City of Arlington Annex 3-22 Map 3-3. City of Arlington 500-year Probabilistic Earthquake Scenario City of Arlington Annex 3-23 Map 3-4. Devil’s Mountain Fault 7.1 Magnitude Earthquake Scenario City of Arlington Annex 3-24 Map 3-5. South Whidbey Fault 7.4 Magnitude Earthquake Scenario City of Arlington Annex 3-25 Map 3-6. City of Arlington National Earthquake Hazard Reduction Program Soil Classes City of Arlington Annex 3-26 Map 3-7. City of Arlington Liquefaction Susceptibility City of Arlington Annex 3-27 Map 3-8. City of Arlington Flood Hazard Areas City of Arlington Annex 3-28 Map 3-9. City of Arlington Landslide Hazard Areas City of Arlington Annex 3-29 Map 3-10. City of Arlington Lahar Inundation Zone City of Arlington Annex 3-30 Map 3-11. City of Arlington Wildland Fire Hazard Areas RESOLUTION NO. 2016-XXX RESOLUTION NO. 2016-XXX A RESOLUTION OF THE CITY OF ARLINGTON ADOPTING THE UPDATED AND REVISED SNOHOMISH COUNTY HAZARD MITIGATION PLAN WHEREAS, all of Snohomish County has exposure to natural hazards that increase the risk to life, property, environment, and the County’s economy; and WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition of Snohomish County, Tribes, Cities, and Special Purpose Districts with like planning objectives has been formed to pool resources and create consistent mitigation strategies within the county; and WHEREAS, the 2010 edition of the Snohomish County Hazard Mitigation Plan has been updated, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating, and revising this strategy; and WHEREAS, the coalition has completed a planning process that reviewed and/or revised the risk assessment, goals and objectives, action plan, and reengaged the public; and WHEREAS, FEMA has completed pre-adoption review of the revised Snohomish County Hazard Mitigation Plan pursuant to 44 CFR Part 201, and City Council adoption must occur for the City of Arlington to have a FEMA approved Natural Hazards Mitigation Plan; and WHEREAS, it has been found that the proposed Plan is consistent with the City of Arlington Comprehensive Plan, and other State, Federal, and local regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: 1. The Arlington City Council hereby: a. Adopts Volume 1 in its entirety and adopts the following portions of Volume 2: Part 1; the City of Arlington jurisdictional annex in Part 2; RESOLUTION NO. 2016-XXX and all Volume 2 appendices of the Snohomish County Hazard Mitigation Plan (SC HMP). A copy of said documents shall be available for review and inspection at the Office of the City Clerk. b. Will use the adopted portions of the SC HMP to guide pre- and post- disaster mitigation of the hazards identified. c. Will coordinate the strategies identified in the SC HMP with other planning programs and mechanisms under its jurisdictional authority. d. Will continue its support of the Planning Coalition and continue to participate in the Coalition Partnership as described by the SC HMP. e. Will help to promote and support the mitigation successes of all SC HMP Planning Partners. f. 2. It is the purpose of the Resolution to provide for the health, welfare, and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected of benefited by the terms of this Resolution. No provision or term used in this Resolution is intended to impose any duty whatsoever upon the City or any of its officers, agents, or employees for whom the implementation of this Resolution shall be discretionary and not mandatory. 3. Nothing contained in this Resolution is intended to be, nor shall be construed to create or form the basis for, any liability on the part of the City or its officers, agents, and employees for any inquiry or damage resulting from the failure to comply with the provisions of this Resolution or be a reason or a consequence of any inspections, notice, or order, in connection with the implementation or enforcement of the Resolution, or by reason of any action of the City related in any manner to enforcement of this Resolution by its officers, agents, or employees. ADOPTED by the City Council and APPROVED by the Mayor this ____day of _______ 2016. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Kristin Banfield, City Clerk RESOLUTION NO. 2016-XXX APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #12 Attachment L COUNCIL MEETING DATE: February 1, 2016 SUBJECT: Lodging Tax Distributions for 2016 ATTACHMENTS: 2016 Lodging Tax Grant Application Worksheet DEPARTMENT OF ORIGIN Finance; Sheri Amundson - Assistant Finance Director 360-403-3426 EXPENDITURES REQUESTED: $129,000 BUDGET CATEGORY: Lodging Tax Fund LEGAL REVIEW: DESCRIPTION: 16 Applications were received totaling $184,437. The lodging tax advisory committee met on January 13, 2016 to review and make recommendations for funding. The City budgeted $129,000 in the lodging tax fund. 13 applications were approved for a total amount of $129,000. Once the awards are approved by Council, the City will enter into a contract with each applicant. RCW 67.28.1816 requires a local lodging tax committee to review applications and submit a recommendation to Council for how lodging taxes are to be awarded. Council’s role is to accept or reject the lodging tax committee’s recommendation for award. The Council may accept all, some or none of the applicants on the committee’s recommended list. HISTORY: The City has been collecting lodging tax since 2005. Lodging tax revenues are to be used for tourism promotion. ALTERNATIVES 1. Re ect the committee’s recommendations 2. Take no action 3. Remit back to the committee for further review RECOMMENDED MOTION: I move to approve the fundin of the selected applications totalin $129,000 as recommended by the Lodging Tax Advisory Committee. Project Sponsor/Contractor Project Title Total Project Match 66.67%  Amount  Requested   **Maximum  $$ to spend  Committee  Recommends 4th of July Kid's Carnival 1 Legion Park Chamber.Kids Carnival.pd 2,650$        375$        1,767$       2,125$         1,767$           1,767               2 Smokey Point Carnival Smokey Point Carnival.pdf 7,296$        2,325$     4,864$       4,971$         4,864$           4,864               3 Office & Operations for VIC Arl Chambe VIC.pdf 14,752$       4,350$     9,835$       10,402$       9,835$           9,835               4 Arlington Arts Council Arl Arts Council Art Walk Sign Rental.pdf 2,500$        500$        1,667$       2,000$         1,667$           1,667               5 Live Performing Arts.pdf 40,000$       15,000$   26,668$     25,000$       25,000$         25,000             6 Vision for a Cure Vision for the Cure.pdf 10,000$       7,500$     6,667$       2,500$         2,500$           2,500               7 Wounded Warrior Project Wounded Warrior Project.pdf 5,539$        2,900$     3,693$       2,639$         2,639$           2,639               8 Arlington Fly‐In Arlington Fly‐In Arlington Fly In.pdf 66,250$       42,750$   44,169$     23,500$       23,500$         16,500             9 DABA 2016 Event Advertising DABA.pdf 34,850$       9,850$     23,234$     25,000$       23,234$         8,900               10 Northwest Genealogy Conference 2016‐Conference Genealogy Conference.pdf 144,400$     101,000$96,271$     43,400$       43,400$         38,588             11 City of Arlington‐Park & Rec COA Wayfinding Signage.pdf 7,900$        4,400$     5,267$       3,500$         3,500$           3,500               12 City of Arlington‐Park & Rec COA Cent Trail Sign Replacement.pdf 3,950$         450$         2,633$        3,500$          2,633$            ‐  13 City of Arlington‐Park & Rec COA Summer Entertainment.pdf 12,060$       3,360$     8,040$       8,700$         8,040$           8,040               14 City of Arlington‐Park & Rec Centennial Trail Mile Markers COA Centennial Mile Markers.pdf 5,900$        3,400$     3,934$       2,500$         2,500$           ‐  15 City of Arlington‐Park & Rec Downtown Arlington Sound System COA Sound System.pdf 27,450$       7,950$      18,301$      19,500$        18,301$          ‐  16 City of Arlington‐Park & Rec Arlington‐Stillaguamish Eagle Festival COA Eagle Festival.pd 14,616$       9,416$     9,744$       5,200$         5,200$           5,200               400,113$     215,526$266,755$  184,437$     178,580$       129,000.00$   2016 Budget 129,000  ‐$                 ** Arlington Art Walk Signage Rental Arlington Arts Council Live Performing Arts presented by  Arlington Arts Council 2016 Hotel/Motel Grant Application A match of 1/3 (one‐third) of the total amount of the project must be committed to the project as part of the application process.  This one‐third match must be clearly identified in grant applications and then  highlighted in grant reports.  The City must be able to determine and certify that the match was expended in project accomplishment.   Arlington‐Smokey Point Chamber of  Commerce Arlington‐Smokey Point Chamber of  Commerce VIC‐ at Arlington‐Smokey Point  Chamber of Commerce Arlington Beer & Wine Festival An Evening of Honor‐ Benefit Concert  for WWP Byrnes Performing Arts Center  Wayfinding Signage Centennial Trail Interpretive Sign  Replacement & Kiosk Replacement Summer Outdoor Entertainment Series