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Home My WebLink About02-16-2016 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 - Deana APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson 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 Debora Nelson 1. Minutes of the February 1 and February 8, 2016 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Prairie Creek Phase 2A Project Close Out ATTACHMENT B 4. Authority to Bid LED Conversion Street Light Project ATTACHMENT C 5. Acceptance of Community Development Block Grant (CDBG) ATTACHMENT D Funds – Haller Park Restrooms PUBLIC HEARING NEW BUSINESS 1. Ordinance Rescinding 2016 Utility Rate Increases ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Mike Hopson Arlington City Council Meeting Tuesday, February 16, 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. 2. Stillaguamish Tribe ROW Dedication ATTACHMENT F Staff Presentation: Jim Kelly Council Liaison: Mike Hopson 3. Planning Commission Appointment ATTACHMENT G Staff Presentation: Chris Young Council Liaison: Jesica Stickles 4. Resolution Rejecting all Fire Department Loose Equipment ATTACHMENT H Bids and Authorizing Rebidding Staff Presentation: Kurt Patterson Council Liaison: Marilyn Oertle 5. AFSCME Collective Bargaining Agreement ATTACHMENT I Staff Presentation: Kristin Banfield Council Liaison: Mayor Pro Tem Debora Nelson 6. Jail Contract ATTACHMENT J Staff Presentation: Bruce Stedman Council Liaison: Marilyn Oertle DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT Mayor Barb Tolbert COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To open all attachments, click here DRAFT Page 1 of 4 Council Chambers 110 East Third February 1, 2016 Council Members Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: Debora Nelson City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Dave Ryan, Chris Young, Jim Kelly, Kris Wallace, Bill Blake, Jonathan Ventura, Rory Bolter, Kristin Garcia, Sheri Amundson, Wendy Van Der Meersche, and City Attorney Steve Peiffle. Also Known to be Present: Jo Olson, Neal Carman, Kevin Duncan, Mike Britt, Dana Fowler, Austin DeFreece, William Jensen, Terry Marsh, Terry Johnson, and Vicki Johnson. Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS None PROCLAMATIONS None PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. 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 19 and January 25, 2016 meetings 2. Accounts Payable Approval of EFT Payments and Claim Checks #86319 through #86432 dated January 20, 2016 through February 1, 2016 for $470,841.98. Approval of EFT Payments and Payroll Checks #28566 through #28583 for the period January 1, 2016 through January 31, 2016 for $1,182,920.53. PUBLIC HEARING None Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting February 1, 2016 Page 2 of 4 NEW BUSINESS Briefing from Stillaguamish Senior Center on 2015 and 2016 Activities Jo Olson, Stillaguamish Senior Center Director, provided an update with the aid of a PowerPoint presentation, regarding activities at the senior center for 2015 and 2016, with handouts provided, as well. Airport Commission Appointments Dave Ryan, Arlington Municipal Airport Manager, requested council approve the appointments of Austin DeFreece and William Jensen to Airport Commission. Jan Schuette moved and Chris Raezer seconded the motion to appoint Austin DeFreece to the Airport Commission for a term that expires in 2017 and William Jensen to the Airport Commission for a term that expires in 2018. The motion was approved by a unanimous vote. Lease Between Arlington Municipal Airport and Community & Economic Development For Office Space Dave Ryan requested council approve the lease between the Airport and Community & Economic Development for office space at the airport office building. Council questions and discussion followed. Chris Raezer moved and Jan Schuette seconded the motion to approve the lease between the Arlington Municipal Airport and Community & Economic Development and authorize the Mayor to sign it. The motion was approved with a 4-2 vote. Ordinance Amending Title 20 Regarding Marijuana Producers/Processors Chris Young, Community & Economic Development Director requested council approve an amendment to AMC Section 20.08.010 and Table 20.40.010-1 regarding the sunset of a cap on marijuana producers and processors allowed in the city. Council questions followed. Jesica Stickles moved and Sue Weiss seconded the motion to approve the proposed ordinance amending land use restrictions on the production and processing of marijuana, subject to final review by the City Attorney. The motion was approved by a unanimous vote. Professional Service Agreement with TWENTYFIVE (marketing firm) Chris Young requested council approve a professional services agreement with TWENTYFIVE for marketing services. Jesica Stickles moved and Marilyn Oertle seconded the motion 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. The motion was approved by a unanimous vote. Stormwater Capacity Grant Agreement Acceptance Kris Wallace requested council accept a Stormwater Capacity Grant from the Department of Ecology for funding for Stormwater NPDES Phase II activities. Mike Hopson moved and Jesica Stickles seconded the motion 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. The motion was approved by a unanimous vote. Minutes of the City of Arlington City Council Meeting February 1, 2016 Page 3 of 4 Contract with RH2 to Study Lift Station #2 Design and Flow Analysis Jim Kelly, Public Works Director, requested council approve a professional services agreement (PSA) with RH2 Engineering, Inc. to study Lift Station #2 and complete design and flow analysis. Mike Hopson moved and Sue Weiss seconded the motion 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. The motion was approved by a unanimous vote. Contract with Perteet to Develop Crosswalk Standards Jim Kelly, Public Works Director, requested council approve a contract with Perteet, Inc., which includes a scope of work and fee, with Perteet, Inc.to develop crosswalk standards for the City. Mike Hopson moved and Jesica Stickles seconded the motion 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. The motion was approved by a unanimous vote. Arlington-Marysville Water Service Area Agreement Jim Kelly requested council approve a Water Service Area Agreement between the City of Marysville and the City of Arlington agreeing to changes in the adjoining water service area. Mike Hopson moved and Jesica Stickles seconded the motion 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. The motion was approved by a unanimous vote. Urban Forestry Grant Agreement Bill Blake requested council approve an inter-agency agreement with the Department of Natural Resources for four weeks of a tree crew’s labor at no cost to the City. Sue Weiss moved and Chris Raezer seconded the motion 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. The motion was approved by a unanimous vote. Hazard Mitigation Plan Annex Adoption Bill Blake requested council approve a resolution regarding the adoption of the Arlington Mitigation Plan Annex. Sue Weiss moved and Chris Raezer seconded the motion to approve the resolution adopting the Updated and Revised Snohomish County Hazard Mitigation Plan, pending final review by City Attorney. The motion was approved by a unanimous vote. MAYOR BARBARA TOLBERT RECUSED HERSELF AND MAYOR PRO TEM CHRIS RAEZER ACTED AS CHAIR FOR REMAINDER OF MEETING. Lodging Tax Distributions for 2016 Kristin Garcia, Finance Director, requested council approve the funding of 16 applicants recommended for grant money by the Lodging Tax Advisory Committee. Council questions and discussion followed. Chris Raezer moved and Marilyn Oertle seconded the motion to approve the funding of the selected applications totaling $129,000 as recommended by the Lodging Tax Advisory Committee. The motion was approved by a 4-2 vote. Minutes of the City of Arlington City Council Meeting February 1, 2016 Page 4 of 4 ADMINISTRATOR & STAFF REPORTS Paul Ellis, City Administrator, stated that the Fire and EMS Sustainability Retreat will be held Saturday, March 12. Proposed dates for the spring goal-setting retreat will be sent to councilmembers. Everett Community College will open an Advanced Manufacturing Training and Education Center (AMTEC) at Weston High School in Arlington, June 2016. COUNCIL MEMBER REPORTS Jan Schuette, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle gave brief reports, while Mike Hopson had nothing to report at this time. MAYOR’S REPORT Mayor Tolbert participated in the Point in Time Count, the North County Homeless Resource Fair, last Thursday, January 28. Two hundred volunteers counted 205 homeless individuals in the Arlington area; a 54% increase from last year’s count. The mayor also gave an update of her legislative breakfast last week Tuesday, January 26, at the Governor’s residence, where she participated in discussions about transportation, education, and social services. EXECUTIVE SESSION City Attorney announced that there would be not be a need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:24 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street February 8, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Chris Young, Bruce Stedman, Jim Kelly, Marc Hayes, Kristin Garcia, Kurt Patterson, Deana Dean, and City Attorney Steve Peiffle. Council Members Absent: Also Known to be Present: Maxine Jenft, Bob Nelson, Cristy Brubaker, Sarah Arney Mayor Barbara 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 Prairie Creek Phase 2A Project Close Out Public Works Director Jim Kelly spoke to the proposal to approve final acceptance of the Prairie Creek Phase 2A Project that was completed by Razz Construction. Council comments and questions followed. This matter is approved for consent agenda. Authority to Bid LED Conversion Street Light Project Jim Kelly spoke to the proposal to advertise the bid for the LED Conversion Street Light Project, This project will be 100% grant funded. Council questions followed. This matter is approved for consent agenda. Ordinance Rescinding 2016 Utility Rate Increases Jim Kelly spoke to the request to amend Arlington Municipal Code (AMC) 13.12 allowing the City to rescind implementation of the 2106 mandatory water, sewer, and storm utility rate increases. Staff has reviewed the current Utility budget forecast and has determined that the mandatory CPI increase is not necessary for 2016. Council comments followed. Stillaguamish Tribe ROW Dedication Jim Kelly spoke to the proposed dedication of right-of-way at the SW corner of the 172nd St/59th Ave intersection to the City of Arlington by the Stillaguamish Tribe of Indians. Council questions and comments followed. Planning Commission Appointment Community and Economic Development Director Chris Young spoke to the recommendation to appoint Christiana Jurca to the Planning Commission. The appointment will be to fill the unexpired term of Mr. Chase until April 1, 2021. Brief discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT February 8, 2016 Page 2 of 2 Acceptance of Community Development Block Grant (CDBG) Permit Center Manager Marc Hayes spoke to the proposed acceptance of a Community Development Block Grant with Snohomish County for funding in the amount of $158,473.00 for the Haller Park Restroom Facility. Council questions and comments followed. Department Goals City Administrator Paul Ellis discussed the departmental goals for 2016. Discussion followed. Request for Proposal - Banking Services Kristin Garcia spoke to proposed request for proposal for banking services. The request for proposals will be evaluated on responsiveness to the RFP, the bank’s ability to perform required services, fees, references and community presence. Brief discussion followed. This matter is approved for consent agenda. Resolution Rejecting all Fire Department Loose Equipment Bids and Authorizing Rebidding Central Purchasing Coordinator Kurt Patterson spoke to the proposal to reject all bids from the Fire Truck Loose Equipment Request For Proposals as non-responsive. On January 22, 2016 the City received and opened three bids in response to the Request for Proposals for Fire Truck Loose Equipment. All three bids were determined to be non-responsive due to incomplete submissions. Council is being asked to approve a resolution to reject all bids and authorize staff to re-bid the project. Brief discussion followed. Council Rules of Procedure City Attorney Steve Peiffle reviewed the City Council Rules of Procedure. Discussion was held regarding any desired changes. Marysville Jail Contract Public Safety Director Bruce Stedman spoke to the Marysville jail contract. This is an amendment of the Interlocal Agreement for jail services between the City of Arlington and the City of Marysville that is set to expire December 2017. This amendment includes changes to the booking fees, transportation fees, daily maintenance fees, and the total number of beds available per day. These changes are effective January 1, 2016. Discussion followed. Miscellaneous Council Items None Public Comment Sarah Arney spoke on the lack of supporting documentation, CABS and attachments, at the meetings for the public to review. She also spoke on lighting issues within the City. Executive Session An executive session was held relating to reviewing proposals made in collective bargaining (not re publicly bid contracts) pursuant to RCW 42.40.140(4) estimating to take 20 minutes. 8:34:04 Council in recess. 8:53:40 Council reconvened. Adjournment The meeting was adjourned at 8:54 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Prairie Creek Phase 2A Project Close-Out ATTACHMENTS: Project Acceptance Letter DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: Stormwater Capital LEGAL REVIEW: DESCRIPTION: Council is being asked to approve final acceptance of the Prairie Creek Phase 2A Project that was completed by Razz Construction. HISTORY: Following a competitive bid, Razz Construction Inc. was awarded the Prairie Creek Phase 2A Project and the City entered into contract with Razz on June 9, 2014. Significant completion was issued in November of 2014 and remaining work was the one-year plant establishment period. In November 2015 the one-year plant establishment period concluded and the revegetated areas were acceptable. The project is now fully complete in accordance with the terms of the contract and to the satisfaction of the City. A summary of the construction costs is as follows: Base Bid Price: $ 576,932.00 Change Order 1: $ 19, 195.49 Unbilled Portion: $ (2,380.25) Final Phase 1 Cost: $ 593,747.24 (Razz Construction portion only – Grant Funded) ALTERNATIVES - Remand to staff for further consideration - Do not accept project completion RECOMMENDED MOTION: I move to approve Project Close Out of the Prairie Creek Phase 2A Project Contract in the amount of $593,747.24 and authorize the mayor to sign the Letter of Acceptance, pending final review by the City Attorney. City Of Arlington Public Works Department 154 W. Cox  Arlington, WA 98223  360-403-3526 DATE: February 8, 2016 TO: Mayor Tolbert and Arlington City Council FROM: James X. Kelly, Public Works Director SUBJECT: PROJECT ACCEPTANCE Prairie Creek Drainage Improvements Project – Phase 2A Staff has certified the construction performed by Razz Construction, Inc. as complete and in compliance with the terms of the construction contract as awarded by the City Council. The final accounting of the cost of the project is as follows: Contract Award Amount $ 576,932.00_____ Change Orders $ 19,195.49_____ Over-runs/Under-runs $ (2,380.25) ____ Final Contract Cost $ 573,747.24_____ Staff recommends official acceptance by the City. If you concur, please sign below: On behalf of the City of Arlington, I accept the construction performed under the contract award by the Arlington City Council for Prairie Creek Drainage Improvements Project Phase 2A . Mayor Barbara Tolbert Date cc: City Council Kristin Garcia, Finance Director City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Authority to bid LED Conversion Street Light Project ATTACHMENTS: Maps of street lights scheduled for LED retrofit DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: $ 79,238 BUDGET CATEGORY: Street Fund – Grant Funded LEGAL REVIEW: DESCRIPTION: Staff is requesting authority to advertise the bid for the LED Conversion Street Light Project. HISTORY: Following the Arlington street light LED conversion by the Snohomish County PUD, staff discovered that it owned approximately 120 lights that did not get converted to LED. The Transportation Improvement Board (TIB) offered funding through the Relight Washington Program for LED Street Light Conversion projects in communities throughout the state. Staff applied for and was awarded $79,238 in order to convert existing streetlights in to more energy efficient lights. Staff is requesting authority to bid this project for 2016. The project will be 100% grant funded. ALTERNATIVES - Remand to staff for additional information - Table pending additional discussion RECOMMENDED MOTION: I move for Council to authorize staff to advertise the bid the LED Conversion Street Light Project, pending final review by the City Attorney. ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! !! !! !! !! ! ! N WEST AVE SR 9 N MACLEOD AVE N OLYMPIC AVE SR 530 SR 530 LEBANONST E DIVISION ST City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including butnot limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety ofsources which may contain errors and users who rely upon the information do so at their own risk. Users agree toindemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of orresulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. ± kdh CityOwnedLights-north_11x17_15.mxd 11/23/2015 1 in = 286 feetScale: Date: File: Drawn by: Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, December 2009. City-Owned Street Lights !!!!! !!! ! ! ! !!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!! !!!!!!!!! !!!!! !! ! !!!!! !! !! ! ¥¨§5 "8530 "8531 "89 204TH ST NE SR 530 SR 530 I-5 186TH ST NE E 1ST ST TVEIT RD CEMETERY RD 19TH DR NE SR 9 SR 9 51ST AVE NE 59TH AVE NE 89TH AVE NE 19TH AVE NE 40THDRNE 47TH AVE NE I-5 43RD AVE NE 188TH ST NE 172ND ST NE 23RD AVE NE 200TH ST NE EAGLEFIELDDR 204TH ST NE 67TH AVE NE SMOKEY POINT BLVD 59TH AVE NE BURNRD 25TH AVE NE 63RD AVE NE AIRPORT BLVD DIKE RD ± Legend !Architectural Cobra Head !Spun Aluminum Cobra Head !Pedestrian City parks Airport Rail line Rest area Arlington City limits Sheet 1 of 3 North location 1 !!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! "89 211THPL NE 67THAVENE SR 9 204TH ST NE KONA DR 206THPLNE JOANNLN GROVE PL 208TH ST NE W MARION ST W JENSEN ST SR530 S COBB AVE City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including butnot limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety ofsources which may contain errors and users who rely upon the information do so at their own risk. Users agree toindemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of orresulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. ± kdh CityOwnedLights-central_11x17_15.mxd 11/23/2015 1 in = 500 feetScale: Date: File: Drawn by: Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, December 2009. City-Owned Street Lights !!!!! !!! ! ! ! !!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!! !!!!!!!!! !!!!! !! ! !!!!! !! !! ! ¥¨§5 "8530 "8531 "89 204TH ST NE SR 530 E 3RD ST I-5 186TH ST NE E 1ST ST TVEIT RD CEMETERY RD 19TH DR NE SR 9 SR 9 51ST AVE NE 59TH AVE NE 89TH AVE NE 19TH AVE NE E 5TH ST 40THDRNE 47TH AVE NE I-5 43RD AVE NE 188TH ST NE 172ND ST NE 23RD AVE NE E GILMANAVE 200TH ST NE EAGLEFIELDDR 67TH AVE NE SMOKEY POINT BLVD 59TH AVE NE BURNRD 25TH AVE NE 63RD AVE NE AIRPORT BLVD DIKE RD ± Legend !Architectural Cobra Head !Spun Aluminum Cobra Head !Pedestrian City parks Airport Rail line Rest area Arlington City limits Sheet 2 of 3 1 Central location ! ! ! ! ! !!!!!!!! !!!! 51ST AVE NE 59TH AVE NE 59TH DR NE 172ND ST NE City of Arlington Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including butnot limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety ofsources which may contain errors and users who rely upon the information do so at their own risk. Users agree toindemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of orresulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps. ± kdh CityOwnedLights-south_11x17_15.mxd 11/23/2015 1 in = 542 feetScale: Date: File: Drawn by: Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, December 2009. City-Owned Street Lights !!!!! !!! ! ! ! !!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! !!!!! !!!!!!!!! !!!!! !! ! !!!!! !! !! ! ¥¨§5 "8530 "8531 "89 204TH ST NE SR 530 E 3RD ST I-5 186TH ST NE E 1ST ST TVEIT RD CEMETERY RD 19TH DR NE SR 9 SR 9 51ST AVE NE 89TH AVE NE 19TH AVE NE E 5TH ST 40THDRNE 47TH AVE NE I-5 43RD AVE NE 188TH ST NE 172NDST NE 23RD AVE NE E GILMANAVE 200TH ST NE EAGLEFIELDDR 204TH ST NE 67TH AVE NE SMOKEY POINT BLVD 59TH AVE NE BURNRD 25TH AVE NE 63RD AVE NE AIRPORT BLVD DIKE RD ± Legend !Architectural Cobra Head !Spun Aluminum Cobra Head !Pedestrian City parks Airport Rail line Rest area Arlington City limits Sheet 3 of 3 South location 1 City of Arlington Council Agenda Bill Item: CA #5 Attachment D COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Authorization for Mayor to accept Community Development Block Grant (CDBG) and sign contract with Snohomish County to receive funding in the amount of $158,473.00 for the Haller Park Restroom Facility. ATTACHMENTS: Contract and Terms and Conditions Agreement DEPARTMENT OF ORIGIN Community and Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Authorization for Mayor to accept Community Development Block Grant and sign contract with Snohomish County to receive funding in the amount of $158,473.00 for the Haller Park Restroom Facility. HISTORY: Resolution 2014-020 authorized application for CDBG funds for the Haller Restroom Project November 3, 2014. Received notification of award of funding from Snohomish County Housing & Community Services June 1, 2015. Require Mayor Tolbert’s signature on the contract in order to receive CDBG funds for the Haller Restroom project. ALTERNATIVES None at this time. RECOMMENDED MOTION: I move to accept the CDBG funding for the Haller Restroom Project and authorize the Mayor to sign the contract with Snohomish County to receive funding in the amount of $158,473.00. SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT 3000 ROCKEFELLER AVENUE, M/S 305 | EVERETT, WA 98201 (425) 388-7200 CONTRACT SPECIFICS: Haller Park Contract Number: HCS-15-21-1501-216 Title of Project/Services: Maximum Contract Amount: Start Date: End Date: Status Determination: $158,473 12/15/2015 12/14/2016 ☒ Subrecipient ☐ Contractor FUNDING: Funding Authority: NA Funding Specifics: CDBG – Public Facilities & Infrastructure Federal Agency: HUD CFDA No. & Title: 14.218 CDBG - Entitlement Federal Award ID No: B-15-UC-530003 County Program Division: County Contact Person: Contact Phone Number: OHCD Dee White 425-388-3260 Additional terms of this Contract are set out in and governed by the following, which are incorporated herein by reference: Basic Terms and Conditions Agreement HSD- 2015-119-216, maintained on file at the Human Services Department: Specific Terms and Conditions Attached as Exhibit A Report of Actual Expenditures Attached as Exhibit E Statement of Work Attached as Exhibit B Certification Regarding Lobbying Attached as Exhibit F Approved Contract Budget Attached as Exhibit C Request for Reimbursement Attached as Exhibit D In the event of any inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the following order: (a) appropriate provisions of state and federal law, (b) Specific Terms and Conditions, (c) Basic Terms and Conditions, (d) other attachments incorporated by reference, and (e) other documents incorporated by reference. THE CONTRACTING ORGANIZATION IDENTIFIED ABOVE (HEREINAFTER REFERRED TO AS AGENCY), AND SNOHOMISH COUNTY (HEREINAFTER REFERRED TO AS COUNTY), HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS CONTRACT. SIGNATURES FOR BOTH PARTIES ARE REQUIRED BELOW. BY SIGNING, THE AGENCY IS CERTIFYING THAT IT IS NOT DEBARRED, SUSPENDED, OR OTHERWISE EXCLUDED FROM PARTICIPATING IN FEDERALLY FUNDED PROGRAMS. FOR THE CONTRACTING ORGANIZATION: FOR SNOHOMISH COUNTY: (Signature) (Date) Mary Jane Brell Vujovic, Director (Date) Department of Human Services (Title) CONTRACTING ORGANIZATION: Name: City of Arlington IRS Tax No. \ EIN: 91-6001401 Address: 238 N. Olympic Avenue Unique Entity Identifier: 165590043 City: Arlington Contact Person: Mark Hayes State & Zip: WA 98223 Telephone: 360-403-3457 Exhibit A HCS-15-21-1501-216 City of Arlington Page 1 of 35 EXHIBIT A SPECIFIC TERMS AND CONDITIONS PUBLIC AGENCIES HALLER PARK I. SPECIAL TERMS AND CONDITIONS A. Designation The Agency expressly agrees to undertake that certain community development assistance project fully described in the Statement of Work, Exhibit B, which is located within the corporate boundaries of said Agency, as the same is commonly referred to as a Community Development Block Grant (CDBG) project within the Housing and Community Development Act of 1974, as now or hereafter amended (hereinafter "the Act"). The undertaking shall be in full accord with the Act, rules and regulations promulgated thereunder, and all other laws, ordinances, and rules and regulations not inconsistent therewith. B. Subgrant The Agency is hereby allotted through a subgrant the sum as shown in Exhibit C. It is expressly agreed and understood that the total amount to be paid by the County under this Contract shall not exceed the amount shown in Exhibit C. C. General Compliance The Agency agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including Subpart K of those regulations, except that: 1. The Agency does not assume the County’s environmental responsibilities described in 24 CFR § 570.604; and 2. The Agency does not assume the County’s responsibility for initiating the review process under the provisions of 24 CFR Part 58. The Agency also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided in this Contract. Exhibit A HCS-15-21-1501-216 City of Arlington Page 2 of 35 D. Notice to Proceed The County shall furnish the Agency with written Notice to Proceed upon release of funds from HUD related to the project pursuant to 24 CFR Part 58. No work on the project shall occur prior to the Notice to Proceed without prior written approval from the County. E. Construction Process With regard to any capital improvement project specified in Exhibit B of this Contract, the Agency shall administer the project in such a way as to ensure completion of the project satisfactory to the County. Bid procedures and bid documents must be approved by the Snohomish County Office of Housing and Community Development, or its successor County department or agency, prior to award of any subcontracts for construction, services, and capital improvements financed in whole or in part under this Contract. F. Use of Property The following provisions apply to real and personal property, if any, improved, or acquired through this Contract: 1. The Agency agrees to use real and personal property improved or acquired in whole or in part with CDBG funds provided under this Contract for the authorized purpose of the project, as stated in Exhibit B.III. 2. As set forth in applicable Office of Management and Budget, (hereafter (OMB)), the Agency shall not dispose of or encumber the title or other interests of the property as long as needed for that purpose, except as otherwise provided by federal statute. 3. The Agency shall obtain written approval by the County for the use of real property in other federally-sponsored projects when the Agency determines that the property is no longer needed for the purpose of the original project. Use in other projects shall be limited to those under federally-sponsored projects (i.e., awards) or programs that have purposes consistent with those authorized for support by HUD. 4. As provided by OMB, when the real property is no longer needed as provided in paragraphs 1 and 3 above, the Agency shall request disposition instructions from the County. Exhibit A HCS-15-21-1501-216 City of Arlington Page 3 of 35 5. The Agency agrees to: a. Keep the property in good condition and repair; b. Not remove or demolish any building thereon; c. Complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed, and to pay when due all claims for labor performed and materials furnished therefore; d. Comply with all laws affecting the property or requiring any alterations or improvements to be made; e. Not commit or permit waste thereof; f. Not commit, suffer, or permit any act upon the property in violation of law; and g. Do all other acts which from the character or use of the property may be reasonably necessary to preserve and conserve its value. 6. The Agency agrees to pay before delinquent all taxes, assessments and any other charges affecting the property when due, and all encumbrances, charges and liens, with interest, on the property or any part thereof. II. FISCAL MANAGEMENT A. Payment and Disbursements Disbursements by the County pursuant to this Contract shall be on a reimbursement basis covering actual expenditures by the Agency or obligations of the Agency currently due and owing, but not paid, and are subject to the requirements in the Basic Terms and Conditions referenced on the Signature Page. Disbursements shall be limited to allowable costs and will not be made unless, at a minimum, all the following occur: 1. Receipt by the County of a Request for Reimbursement/Actual Expenditure Report, together with a Report of Actual Expenditures, supported by copies of vouchers, invoices, salary and wage summaries, or other documentation; Exhibit A HCS-15-21-1501-216 City of Arlington Page 4 of 35 2. Determination by the County that the expenditures or obligations for which reimbursement is sought constitute allowable costs under the principles set forth in applicable OMB and come within the Project Budget; and 3. Payments may be contingent upon certification of the Agency’s financial management system in accordance with the standards specified in OMB. B. Budget Revisions The Agency shall submit to the County a written request for approval of revisions to the Project Budget. Written budget revision approval must be received by the Agency before incurring any expenditures or obligations against the revised Project Budget. 1. In the event a proposed revision would result in an increase or decrease of ten percent (10%) or more in an approved budget object category with no change to the total Contract amount, the revision will be approved or disapproved by the County. 2. Proposed budget changes, which increase or decrease the total Contract amount, shall necessitate a written amendment to this Contract. C. Program Income 1. Defined “Program income” means gross income received by the Agency directly generated from the CDBG-supported activity, or earned only as a result of this Contract “during the grant period,” as that phrase is defined in OMB. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. Except as provided in 24 CFR § 570.500, program income includes, but is not limited to, the following: a. Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; b. Proceeds from the disposition of equipment purchased with CDBG funds; c. Gross income from the use or rental of real or personal property acquired by the Agency with CDBG funds, less costs incidental to generation of the income; Exhibit A HCS-15-21-1501-216 City of Arlington Page 5 of 35 d. Gross income from the use or rental of real property, owned by the Agency, that was constructed or improved with CDBG funds, less costs incidental to generation of the income; e. Payments of principal and interest on loans made using CDBG funds; f. Proceeds from the sale of loans made with CDBG funds; g. Proceeds from the sale of obligations secured by loans made with CDBG funds; h. Interest earned on program income pending its disposition; and i. Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where the assessments are used to recover all or part of the CDBG portion of a public improvement. 2. Recording and Reporting Program Income The receipt and expenditure of program income as defined above shall be recorded as part of the financial transactions under this Contract. The Agency shall report monthly all program income (as defined at 24 CFR § 570.500(a)) generated by activities carried out with CDBG funds made available under this Contract. 3. Disposition of Program Income Received by the Agency a. The use of program income by the Agency shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitation, the Agency may use such income during the Contract period for activities permitted under this Contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the County at the end of the Contract period. All interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the County. b. Program income received before close-out of this Contract may, at the discretion of the County, be retained by the Agency if the income is treated as additional CDBG funds to continue or benefit the project and is subject to all applicable requirements governing the use of CDBG funds. Exhibit A HCS-15-21-1501-216 City of Arlington Page 6 of 35 c. If the Agency is allowed to retain program income, that income shall affect disbursements under this Contract from the County as follows: 1) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in 24 CFR § 570.500(b) shall be disbursed from the fund in accordance with the fiscal management requirements of this Contract before additional cash withdrawals are made from the County for the same activity. 2) All other program income shall be disbursed for eligible project activity before additional cash withdrawals are made from the County. d. Program income on hand when the Contract is closed out, or received after the Contract is closed out, shall be subject to the following: 1) Unless otherwise provided elsewhere in this Contract, and subject to the requirements of paragraph ii of this subsection, if at the time of close-out the Agency has another ongoing CDBG grant received directly from the County, income received after close-out shall be treated as program income of the ongoing grant program. 2) If the Agency does not have another ongoing grant received directly from the County at the time of close-out, income received after close-out from the disposition of real property or from loans outstanding at the time of close-out shall be used for activities that meet one of the national objectives in 24 CFR § 570.208 and the eligibility requirements described in Section 105 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301 et seq.). 3) In any circumstances not covered by paragraphs (1) or (2) above, the Agency shall promptly contact the County to obtain appropriate disposition instructions. D. Indirect Costs If indirect costs are charged, the Agency will develop an indirect cost allocation plan for determining the appropriate Agency’s share of administrative costs and shall submit such plan to the County for approval, in a form specified by the County. E. Accounting Standards The Agency agrees to comply with OMB and agrees to adhere to the accounting principles and procedures required therein, utilize adequate Exhibit A HCS-15-21-1501-216 City of Arlington Page 7 of 35 internal controls, and maintain necessary source documentation for all costs incurred. F. Cost Principles The Agency shall administer its project in conformance with OMB. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. III. INSURANCE REQUIREMENTS Prior to commencement of the project, the Agency, shall procure and maintain for the duration of the Contract, insurance as specified in the Basic Terms and Conditions against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the project hereunder by the Agency, its agents, representatives, employees contractors or subcontractors. Review of the Agency’s insurance by the County shall not relieve or decrease the liability of the Agency. A. In addition to the insurance requirements in the Basic Terms and Conditions, the Agency shall comply with the bonding and contract provision requirements in OMB. B. Builder’s Risk Insurance: The Agency shall provide, unless the subagency elects to provide, in a form acceptable to the County, Builder’s Risk Coverage in the amount of the Replacement Cost equal to completed construction value, with Agency and Snohomish County protected as their interests may appear. IV. PROJECT REQUIREMENTS A. Applicability of Uniform Administrative Requirements The project shall be conducted and administered in compliance with the regulations, policies, guidelines and requirements of OMB, as they relate to the acceptance and use of federal funds under this Contract. The applicable sections of OMB are set forth at 24 CFR § 570.502(a). Where federal standards differ from applicable local or state standards, the stricter standards shall apply. B. Local Financial Support The Agency agrees to utilize funds available under this Contract to supplement rather than to supplant funds otherwise available. The subgrant amount authorized under this Contract shall not be utilized to substantially reduce the amount of local financial support for community development Exhibit A HCS-15-21-1501-216 City of Arlington Page 8 of 35 activities below the level of such support prior to the availability of such assistance. The County’s share of total project costs, as shown in Exhibit C, shall remain constant throughout the life of the Contract. Any cost savings shall be proportionately shared by the County and the Agency. C. Procurement Contracts In addition to the requirements contained in the Basic Terms & Conditions referenced on the Contract Face Sheet, and unless specified otherwise in this Contract, the Agency shall procure all materials, property, or services in accordance with the requirements of OMB. The following provisions apply to procurements of supplies, equipment, construction, or other services financed in whole or part under this Contract: 1. Award All procurement contracts financed in part or in whole with funds under this Contract shall contain insurance provisions that at a minimum are equal to those insurance provisions contained in “SUB-GRANTEE GENERAL CONDITIONS—General Conditions for Facilities Contracts Assisted Under the Snohomish County Community Development Block Grant Program” on file at the County, as those provisions may be amended from time to time. 2. Debarment and Suspension No portion of the award made under this Contract shall be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund, any construction contractor or subcontractor during any period of debarment, suspension, voluntary exclusion or placement in ineligibility status of such construction contractor or subcontractor under the provisions of 24 CFR Part 24. The Agency represents and warrants that the Agency is not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal assistance programs under such regulations or Executive Orders Nos. 12549 or 12689. 3. Travel The Agency shall obtain written approval from the County for any travel outside the metropolitan area with funds provided under this Contract. Exhibit A HCS-15-21-1501-216 City of Arlington Page 9 of 35 D. Compliance with Architectural and Construction Standards Any facility constructed pursuant to this Contract shall comply with applicable design requirements of the Federal Architectural Barriers Act of 1968 (codified at 42 USC § 4151 et seq.); Chapter 70.92 RCW; Section 8 Existing Housing Standards, 24 CFR Part 882; Cost Effective Energy Conservation Standards, 24 CFR §§ 965.301-965.308; and the Uniform Federal Accessibility Requirements required by 24 CFR Part 8. The Agency shall condition any grants, awards, or loans made with assistance under this Contract with those applicable standards. E. Real Property 1. Transfer a. Flood Insurance Any contract or agreement for the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary of HUD as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended (42 U.S.C. § 4001 et seq.), provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as may be required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. b. Covenants 1) Where assistance under this Contract is provided in the form of real property or an interest in the property from the County, the instrument effecting or recording this transfer shall contain a covenant running with the land to assure non-discrimination for the period during which the real property is used for a purpose for which the assistance under this Contract is extended or for another purpose involving the provision of similar services or benefits. 2) Where no transfer of property is involved, but property is purchased or improved with financial assistance under this Contract, the Agency shall agree to include the covenant described in this Contract in the instrument effecting or recording any subsequent transfer of the property. Exhibit A HCS-15-21-1501-216 City of Arlington Page 10 of 35 3) Where assistance under this Contract is provided in the form of real property or an interest in the property from the County, the covenant shall also include a condition coupled with a right to be reserved by the County to revert title to the property in the event of a breach of the covenant. If a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on the property for the purposes for which the property was transferred, the County may, upon request of the transferee, if necessary to accomplish such financing, and upon such conditions as the County deems appropriate, agree to forbear the exercise of such right to revert title for so long as the lien of such mortgage or other encumbrance remains effective. 2. Change in Use The standards described in this section apply to real property within the Agency’s control which was acquired or improved in whole or in part using CDBG funds provided pursuant to this Contract. Except as otherwise provided by federal statutes, the Agency will use real property acquired with funds provided under this Contract for its originally authorized purposes as long as needed for those purposes and shall not dispose of or encumber its title or other interests in that property. These standards shall apply from the date CDBG funds are first spent for the property until five years from the date the Agency is no longer considered by HUD to be part of the urban county as defined at 24 CFR § 570.3. a. The Agency may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made as specified in Exhibit B unless the Agency receives prior written approval from the County, and either: 1) The new use of such property qualifies as meeting one of the national objectives in 24 CFR § 570.901 and is not a building for the general conduct of government; or 2) The requirements in paragraph (b) of this section are met. b. If the Agency determines, after prior approval from the County, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a) (1) of this section, it may retain or dispose of the property for the changed use if the Agency reimburses the County in the amount of the current fair market value of the property, Exhibit A HCS-15-21-1501-216 City of Arlington Page 11 of 35 less any portion of the value attributable to expenditures of non-grant funds for acquisition of, and improvements to, the property. c. If the change of use occurs after close-out, the Agency shall promptly notify the County to obtain appropriate disposition instructions. F. Public Information 1. The Agency shall insure recognition of the role of the County in providing services through this Contract. All activities, facilities, and items utilized pursuant to this Contract shall be prominently labeled as to funding source. 2. In all news releases and other public notices related to or funded under this Contract, the Agency shall include information identifying the source of funds as the Snohomish County Community Development Block Grant Program. The Agency will include a reference to the support provided herein in all publications made possible with funds available under this Contract. 3. For all construction projects, the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of $10,000 or less. G. Use and Reversion of Assets The use and disposition of real property and equipment under this Contract shall be in compliance with the requirements of OMB as applicable. V. PROJECT MANAGEMENT A. Non-Expendable Personal Property (“Equipment”) "Equipment" shall mean an article of non-expendable, personal property or information technology systems and software, including exempt property (as that term is defined in OMB), having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. 1. Title Subject to the obligations and conditions set forth in OMB and this section, title to equipment acquired under this Contract will vest upon acquisition in the Agency. Exhibit A HCS-15-21-1501-216 City of Arlington Page 12 of 35 2. Use a. In the case of assistance under this Contract to provide personal property, the compliance requirements of Section 504 of the Rehabilitation Act of 1973, as amended, found in this Contract, shall obligate the Agency for the period during which it retains ownership or possession of the equipment. b. Equipment shall be used by the Agency in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by funds allotted under this Contract. The Agency shall not encumber the equipment without the approval of the County. When no longer needed for the original project or program, the equipment may be used in other activities currently or previously supported by Snohomish County CDBG funds or other federally-sponsored activities as provided by OMB. c. During the time the equipment is used on the project or program for which it was acquired, the Agency shall also make equipment available for use on other projects or programs currently or previously supported by the County providing such use will not interfere with the work on the project or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the County. User charges shall be treated as program income. d. The Agency shall not use equipment acquired with CDBG funds to provide services to non-federal outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by federal statute, for as long as the federal government retains an interest in the equipment. e. When acquiring replacement equipment, the Agency may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the County. 3. Management Requirements Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with CDBG funds, until disposition takes place will, at a minimum, meet the requirements of OMB, including the following: a. Equipment records must be maintained accurately and shall include a description of the equipment, a manufacturer’s serial number or other identification number, the source of equipment, including the award Exhibit A HCS-15-21-1501-216 City of Arlington Page 13 of 35 number, who holds title, the acquisition date (or date received, if the equipment was furnished by the federal government), cost of the equipment, information from which the percentage of federal participation in the cost of the equipment can be calculated, the location and condition of the equipment, and the date information was reported, unit acquisition cost, and ultimate disposition data including the date of disposal and sale price of the equipment or the method used to determine current fair market value when the Agency compensated the County for its share. b. Equipment owned by the federal government shall be identified to indicate federal ownership. c. A physical inventory of the equipment shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The Agency shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. d. A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated and fully documented. e. Adequate maintenance procedures shall be developed to keep the equipment in good condition. f. If the Agency is authorized or required to sell the equipment, proper sales procedures shall be established which provide for competition to the fullest extent practicable and result in the highest possible return. 4. Disposition When original or replacement equipment acquired under this Contract is no longer needed by the Agency for the original project or program or for other activities currently or previously supported by the County, disposition of the equipment will be made as provided in OMB and as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the County. b. Items of equipment with a current per-unit fair market value of $5,000 or more may be retained or sold and the County shall be paid an Exhibit A HCS-15-21-1501-216 City of Arlington Page 14 of 35 amount calculated by multiplying the current market value or proceeds from sale by the County’s share of the equipment. c. In cases where the Agency fails to take appropriate disposition actions, the County may direct the Agency to take excess and disposition actions. 5. Right to Transfer Title As provided in OMB, the County reserves the right to require the Agency to transfer title of equipment to the federal government or a third party named by the County when such a third party is otherwise eligible under existing statutes, as determined by the County. Such transfers shall be subject to the following standards: a. The property shall be identified in this Contract or otherwise made known to the Agency in writing. b. The County shall issue disposition instructions within 120 calendar days after the end of the County support of the project for which the equipment was acquired. If the County fails to issue disposition instructions within the 120 calendar-day period, the Agency shall apply the standards of OMB, as appropriate. c. When title to equipment is transferred, the Agency shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property. 6. Fees for Services The Agency shall not use equipment acquired with federal funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically permitted or contemplated by federal statute. B. Expendable Tangible Personal Property (“Supplies”) "Supplies" means all tangible personal property other than equipment as defined in OMB. 1. Title Title to supplies and other expendable personal property acquired under this Contract will vest, upon acquisition, in the Agency. Exhibit A HCS-15-21-1501-216 City of Arlington Page 15 of 35 2. Disposition As provided in OMB, if there is a residual inventory of unused supplies exceeding $5,000 in total aggregate fair market value upon termination, cancellation or completion of the project or program, and if the supplies are not needed for any other federally-sponsored project or program, the Agency shall compensate the County for its share. VI. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT A. The Agency agrees to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. § 4601 et. seq. (the “Uniform Relocation Act”), and implementing regulations at 49 CFR Part 24 and 24 CFR § 570.606(b); 2. The requirements of 24 CFR § 570.606(c) governing the Residential Anti- Displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act, 42 U.S.C. § 5304(d); and 3. The requirements in 24 CFR § 570.606(d) governing optional relocation policies. B. The acquisition of any owner-occupied property shall be conducted to assure that the owner-occupant is not “displaced” as defined in the Uniform Relocation Act, its implementing regulations at 49 CFR Part 24, and the CDBG regulations contained at 24 CFR § 570.606. Properties to be acquired either permanently or temporarily must be vacant of renters for at least 90 days prior to the date of initiation of negotiations for lease or purchase. Property that is renter-occupied will not be considered for acquisition unless prior written approval is received from the County. Property that is owner- occupied will be considered for acquisition if: 1. The owner voluntarily enters into an agreement to sell/lease the property to the Agency; 2. The owner agrees to forfeit possession of the property upon execution of the sale/lease agreement; and 3. The owner voluntarily waives any rights to relocation payments or other relocation assistance under the Uniform Relocation Act or other similar requirement. Exhibit A HCS-15-21-1501-216 City of Arlington Page 16 of 35 C. The Agency shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. In the event any occupant of any real property acquired with assistance provided under this Contract is deemed by the County or by higher authority to have been displaced and thereby to be entitled to relocation assistance under these authorities, the Agency shall be solely responsible for providing the required assistance and paying all costs therefor, and the Agency shall hold the County harmless from any liability for such assistance. The Agency also agrees to comply with applicable County ordinances, resolutions and policies, if any, concerning the displacement of persons from their residences. VII. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Agency agrees to, and agrees to require its construction contractors and subcontractors performing work funded in whole or in part under this Contract to, comply at all times with applicable federal and state statutes and laws relating to civil rights, including but not limited to: a. Title VI of the Civil Rights Act of 1964, as amended (P.L. 88-352), and 24 CFR Part 1 (Non-discrimination in Programs or Activities Receiving Federal Financial Assistance); b. Title VIII of Civil Rights Act of 1968, as amended (P.L. 90-284), and 24 CFR § 570.601 (Non-discrimination in Housing); c. Sections 104(b) and 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 USC §§ 5304(b) and 5309), and 24 CFR § 570.602 (Non-discrimination in any Program or Activity); d. Section 504 of Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) (handicapped); e. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.); f. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.); Exhibit A HCS-15-21-1501-216 City of Arlington Page 17 of 35 g. Executive Order No. 11063 and 24 CFR Part 107 (Equal Opportunity in Housing); h. Executive Order No. 11246, as amended by Executive Orders Nos. 11375, 11478, 12107 and 12086, and 41 CFR Part 60 (Regarding Non-Discrimination in Employment); i. Executive Orders 11625, 12432 and 12138, and 24 CFR § 570.506(g) (6) (Use of Minority and Women's Business Enterprises); j. Contracts for Architectural and Engineering Services - Participation by Minority and Women-Owned Firms, RCW 39.80.040; k. Discrimination prohibitions under Chapter 49.60 RCW; and l. Public Works or Improvements - Minority Business, RCW 35.23.352 (2nd and 3rd class cities and towns 1,500 or more citizens), as applicable. The Agency agrees that it will assist and cooperate actively with the County, HUD and the Secretary of Labor in obtaining the compliance of construction contractors and subcontractors with the statutes and laws referred to in this Contract and the rules, regulations, and relevant orders of the Secretary of Labor; it will furnish the County, HUD and the Secretary of Labor such information as they may require for the supervision of such compliance; and it will otherwise assist the County, HUD and the Department of Labor in the discharge of the Department of Labor's primary responsibility for securing compliance. The Agency will also ensure the compliance of construction contractors and subcontractors with state requirements pertaining to equal opportunity. 2. Non-Discrimination In addition to the Non-Discrimination requirements in the Basic Terms and Conditions, the Agency agrees to comply with the non-discrimination in employment and opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order No. 13279. The Non-Discrimination provisions in Section 109 of the Act are still applicable. a. The Agency shall not use methods of administration or site selection criteria which have such a discriminatory effect; PROVIDED, that nothing herein shall prohibit actions designated to correct the effects of prior discriminatory practices or conditions; and PROVIDED, FURTHER, that separate living and restroom facilities for the different sexes may be constructed and maintained. Exhibit A HCS-15-21-1501-216 City of Arlington Page 18 of 35 b. The Agency shall comply with the HUD published Final Rule “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity,” published in the Federal Register on February 3, 2012. 3. Land Covenants This Contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the regulations under 24 CFR Part 1, including 24 CFR §§ 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Contract, the Agency shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, ethnic or national origin, age, gender, handicap or sexual orientation, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, and providing that the Agency, the County and the United States are beneficiaries of and entitled to enforce such covenants. The Agency, in undertaking its obligations to carry out the project assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Agency agrees to comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), prohibiting discrimination against individuals with disabilities or handicaps in any federally-assisted program, and all federal regulations issued pursuant thereto, including the regulations under 24 CFR Part 8. The County shall provide the Agency with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract. B. Affirmative Action 1. The Department of Housing and Urban Development, Northwest/Alaska Area, Washington State Office, has established a goal for Snohomish County that 7.7% of all CDBG contract dollars be committed to minority- owned businesses. In order to meet this goal, Snohomish County requires that the Agency, in all construction contracts of $50,000 or more funded wholly or in part with Snohomish County CDBG funds, demonstrate a good faith effort to attain 7.7% MBE participation. In addition, the Agency is required to report to the County all contracts of $1,000 or more for labor, materials, supplies or professional services funded wholly or in part with CDBG funds. Exhibit A HCS-15-21-1501-216 City of Arlington Page 19 of 35 The Agency shall submit such documentation as deemed necessary by the County to support compliance with the Minority Business Enterprise requirements. 2. Women- and Minority-Owned Businesses As required by OMB, the Agency will take all necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible. Those affirmative steps shall include: a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; b. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business and women’s business enterprises; e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and f. Requiring the construction contractor, if subcontracts are to be let, to take the affirmative steps listed above. 3. Access to Records The Agency shall furnish and cause each of its own Subagencies to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the County, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Agency will send to its labor union or representative of workers with which it has a collective bargaining contract or other contract or Exhibit A HCS-15-21-1501-216 City of Arlington Page 20 of 35 understanding, a notice, to be provided by the Agency contracting officer, advising the labor union or workers’ representative of the Agency’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. C. Employment Restrictions 1. Labor Standards The Agency agrees to comply, and shall require that project construction contractors and subcontractors comply, with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. §§ 276a-276a-5), the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. The Agency also agrees to comply, and shall require that project construction contractors and subcontractors comply, with the requirements of the Copeland Anti-Kick Back Act (18 U.S.C. § 874 et seq.) and it’s implementing regulations at 29 CFR Part 5. The Agency shall maintain documentation that demonstrates compliance with hour and wage requirements of this section. Such documentation shall be made available to the County for review upon request. a. The Agency shall likewise ensure compliance with Chapter 39.12 RCW pertaining to payment of state prevailing wages on public works projects and with Chapter 49.28 RCW pertaining to an eight-hour work day. b. The Agency agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all construction contractors and subcontractors engaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Contract, shall comply with federal requirements adopted by the County pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher wage. The Agency shall cause or require to be inserted in full, in all such contracts or subcontracts subject to such regulations, provisions meeting the requirements of this paragraph. Exhibit A HCS-15-21-1501-216 City of Arlington Page 21 of 35 c. No portion of the award made under this CDBG Contract shall be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund, any construction contractor or subcontractor during any period of debarment, suspension, voluntary exclusion or placement in ineligibility status of such Agency or subrecipient under the provisions of 24 CFR Part 24. The Agency represents and warrants that the construction contractor is not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal assistance programs under such regulations or Executive Orders Nos. 12549 and 12689, “Debarment and Suspension.” The Excluded Parties List System can be checked at the following web-site: www.sam.gov. 2. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701u), and as implemented by the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Contract, shall be a condition of the federal financial assistance provided under this Contract and binding upon the County, the Agency and any of the Agency’s Subagencies. Failure to fulfill these requirements shall subject the County, the Agency and any of the Agency’s Subagencies, their successors and assigns, to those sanctions specified by the Contract through which federal assistance is provided. The Agency certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Agency further agrees to comply with these “Section 3” requirements and to include the following language, set forth in 24 CFR § 135.38, in all subcontracts executed under this Contract: 1) The work to be performed under this Contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low- Exhibit A HCS-15-21-1501-216 City of Arlington Page 22 of 35 income persons residing in the metropolitan area in which the project is located. 2) The Agency further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 3) The Agency certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Agency agrees to send to each labor organization or representative of workers with which it has a collective bargaining contract or other contract or understanding, if any, a notice advising said labor organization or workers’ representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Agency will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subagency is in violation of regulations issued by HUD. The Agency will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the Exhibit A HCS-15-21-1501-216 City of Arlington Page 23 of 35 entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. d. Snohomish County Section 3 Area Snohomish County has identified its Section 3 area as that area within the corporate boundaries of Snohomish County. The term “low income” includes low-income unemployed residents of Snohomish County. The Agency will, to the greatest extent feasible, provide employment opportunities to those individuals. D. Conduct 1. Subcontracts The Agency shall undertake to insure that all subcontracts let in the performance of this Contract shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the County along with documentation concerning the selection process. 2. Hatch Act The Agency agrees that no funds provided, nor personnel employed, under this Contract shall be in any way or to any extent be applied to, or engaged in, the conduct of political activities in violation of 5 U.S.C. Chapter 15. 3. Conflict of Interest a. In the procurement of supplies, equipment, construction, and services by recipients and subrecipients, the Agency agrees to abide by the conflict of interest provisions of OMB, which include (but are not limited to) the following: 1) The Agency shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds. 2) No employee, officer or agent of the Agency shall participate in the selection, or in the award or administration, of a contract supported by federal funds if a conflict of interest, real or apparent, and as described in OMB, would be involved. Exhibit A HCS-15-21-1501-216 City of Arlington Page 24 of 35 3) The Agency’s officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Agencies, potential Agencies, or parties to subcontracts. The Agency may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. 4) To the extent permitted by state or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the Agency’s officers, employees or agents, or by Subagencies or their agents. 5) In all cases not governed by OMB, the provisions of 24 CFR § 570.611(a) shall apply. b. In addition to the Conflict of Interest and Kickback provisions in the Basic Terms and Conditions, the following applies: Upon the written request of the Agency, the County may grant an exception to the provisions of paragraph (2) of this section on a case- by-case basis when it determines that such an exception will serve to further the purposes of the County’s Community Development Block Grant Program and the effective and efficient administration of the Agency’s project. An exception may be considered only after the Agency has provided a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made. 4. Religious or Faith-Based Organizations; Inherently Religious Activities; Non-Discrimination The following provisions imposed by 24 CFR § 570.200(j) applies to all recipients of CDBG funds through the County, including the Agency: a. Eligibility Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the CDBG program. b. Inherently Religious Activities Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as a part of the programs or services funded under 24 CFR Part 570. If the Agency conducts such activities, the activities must be offered separately, in time or location, from the Exhibit A HCS-15-21-1501-216 City of Arlington Page 25 of 35 programs or services funded under 24 CFR Part 570, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services. c. Discrimination Against Beneficiaries or Prospective Beneficiaries An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. d. Structures Used for Inherently Religious Activities CDBG funds may not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under 24 CFR Part 570. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in 24 CFR Part 570. Sanctuaries, chapels or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. e. Employment discrimination Pursuant to 24 CFR § 5.109(e), a religious organization’s exemption from the federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (codified at 42 U.S.C. § 2000e-1), is not forfeited when the organization participates in the HUD program. Notwithstanding the foregoing, non-discrimination requirements imposed by statute on all CDBG grantees shall apply to religious and faith-based organizations. f. Commingling of Funds If applicable, pursuant to 24 CFR § 570.200(j)(6), if the local government voluntarily contributes its own funds to supplement the activities funded pursuant to this Contract, the local government has the option to segregate the federal CDBG funds or commingle them. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Exhibit A HCS-15-21-1501-216 City of Arlington Page 26 of 35 VIII. ENVIRONMENTAL CONDITIONS A. Air and Water The Agency agrees to comply with the following requirements insofar as they apply to the performance of this Contract: 1. Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.; a. Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq., including but not limited to 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports as information, as well as other requirements specified in 33 U.S.C. §§ 114 and 305, and all regulations and guidelines issued thereunder; and b. Environmental Protection Agency (“EPA”) regulations pursuant thereto at 40 CFR Chapter I, as amended. 2. In compliance with said regulations, the Agency shall enforce and cause or require to be inserted in full in all contracts and subcontracts with respect to any non-exempt transaction thereunder funded with assistance provided under this Contract, the following requirements: a. A stipulation that any facility to be utilized in the performance or any non-exempt contract or subcontract is not listed on the List of Violating Facilities issued by the EPA pursuant to 40 CFR § 15.20. b. Agreement to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC § 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1318), relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Sections 114 and 308 and all regulations and guidelines issued thereunder. c. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the Agency to include or cause to be included the criteria and requirements in paragraph a through f of this subsection in every non-exempt subcontract and requiring that the Agency will take such actions as the government may direct as a means of enforcing such provisions. Exhibit A HCS-15-21-1501-216 City of Arlington Page 27 of 35 e. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. f. In accordance with RCW 39.04.120, all invitations for bid proposals for construction projects shall set forth in the contract documents, to the extent they are reasonably obtainable by the Agency, those provisions of federal, state and local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect or are affected by the Project. B. Environmental Review 1. NEPA Pursuant to 24 CFR § 58.4, the County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act for each activity carried out with CDBG funds. The County may require the Agency to furnish data, information and assistance for the County's review and assessment in order for the County to discharge its responsibilities including determining whether the County must prepare an Environmental Impact Statement. 2. SEPA The Agency retains responsibility for fulfilling the requirements of the State Environmental Policy Act and regulations and ordinances adopted thereunder. 3. Compliance as Pre-Condition Performance by the Agency under this Contract shall include satisfaction of all applicable requirements of the National and State Environmental Policy Acts. No funds may be committed to a CDBG activity or project before completion of the environmental review and approval of the request for release of funds related certification, except as authorized by 24 CFR Part 58. C. Flood Disaster Protection This Contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law No. 93-234). In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001 et seq.), the Agency shall assure that for all activities located in an area identified by the Federal Emergency Management Agency (“FEMA”) as having special flood Exhibit A HCS-15-21-1501-216 City of Arlington Page 28 of 35 hazards, flood insurance under the National Flood Insurance Program is obtained and maintained for the mandatory period as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). No portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the National Flood Insurance Program pursuant to Section 201(d) of said Act; and the use of any assistance provided under this Contract for such acquisition or construction in such identified areas in communities then participating in the National Flood Insurance Program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. D. Lead-Based Paint The Agency agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to the HUD lead-based paint regulations found at 24 CFR § 570.608 and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. The Agency shall condition any grants or loans for the rehabilitation of residential structures made with assistance provided under this Contract upon compliance with the provisions for the elimination of lead-based paint hazards in those regulations, and the Agency shall be responsible for the inspections and certifications required thereunder. E. Historic Preservation The Agency agrees to comply with the historic preservation requirements set forth in the National Historic Preservation Act of 1996, as amended (16 U.S.C. § 470 et seq.) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Exhibit A HCS-15-21-1501-216 City of Arlington Page 29 of 35 Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. IX. RECORDS A. Maintenance The Agency shall maintain all records required by the federal regulations specified in 24 CFR § 570.506, and the requirements in the Basic Terms and Conditions, that are pertinent to the activities to be funded under this Contract. Such records shall include but are not limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the national objectives of the CDBG program, as required by 24 CFR § 570.200(a)(2) and 24 CFR § 570.208; 3. Records required to determine the eligibility of activities; 4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 6. Financial records as required by 24 CFR § 570.502 and OMB; 7. Other records necessary to document compliance with Subpart K of 24 CFR Part 570; and 8. The Agency also agrees to generate and maintain sufficient records to enable the County to determine whether the Agency has met the requirements of this Contract and the requirements of 24 CFR § 570.506, including: a. Financial management records in the form of separate accounts, including personnel, property, financial and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature and all services performed under this Contract, and such other records as are required under the provisions of the uniform administrative requirements set forth in Contract; b. Acquisition and relocation records as required by 24 CFR § 70.606; Exhibit A HCS-15-21-1501-216 City of Arlington Page 30 of 35 c. Equal opportunity records, including: 1) A breakdown of persons by race, ethnic group, sex, and age, who have participated in or benefited from the project; and 2) Data which records its affirmative action in equal opportunity employment including, but not limited to, employment, upgrading, demotions, transfers, recruitment or recruitment advertising, layoffs, or terminations, pay or other compensation, and selection for training. d. Section 3 records, including: 1) Data which records its good faith effort to identify, train, and/or hire lower income residents of the project area; and 2) Data which records utilization of business concerns which are located in or owned in substantial part by persons residing in the area of the project. e. Minority business enterprise participation records, including: data which records utilization and attempts to utilize minority business enterprises; f. Records that demonstrate compliance with one or more of the national objectives as required by 24 CFR § 570.200(a)(2) and 24 CFR § 570.208; g. Client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request; and h. The Agency understands that client information collected under this Contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or Agency’s responsibilities with respect to services provided under this Contract, may be prohibited by the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1301 et seq.), Chapter 70.02 RCW (Washington Uniform Health Care Information Act), Chapter 71.34 RCW (mental health services for minors), Chapter 70.96A (alcohol and drug abuse treatment records), RCW 43.63A.655(1)(a) (protection of privacy of homeless individuals), RCW 43.185C.030, RCW 70.123.075 and Chapter 40.24 RCW, among others, unless Exhibit A HCS-15-21-1501-216 City of Arlington Page 31 of 35 written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent or guardian. B. Retention The above records and all other financial records, supporting documents, statistical records and all other records pertinent to this Contract shall be retained for a period of seven (7) years after close out or termination of this Contract, except as follows: 1. Records that are the subject of audit, litigation, claims, negotiations or other actions shall be retained until the completion of the actions and resolution of all issues or for seven (7) years, whichever occurs later. 2. Records for non-expendable property shall be retained for seven (7) years after its final disposition. 3. Records for any displaced person shall be retained for seven (7) years after the person has received final payment. X. REPORTS A. The Agency agrees to submit to the County such reports as the County requests pursuant to the requirements of state or federal law. B. At a minimum, the Agency shall submit an Annual Report in a format prescribed by the County. The annual project report shall be due two weeks after the end of each Snohomish County CDBG Program Year (July 1 to June 30) during which Project activities are conducted, shall cover the preceding one-year period, and shall have the following contents: 1. Project Progress Progress on the project during the preceding year shall be summarized. 2. Financial Management Financial information necessary shall be given to show compliance with the uniform administrative requirements set forth in this Contract. 3. Local Financial Support Compliance with the Local Financial Support section of this Contract shall be indicated. Exhibit A HCS-15-21-1501-216 City of Arlington Page 32 of 35 4. Relocation and Acquisition Real property acquired, number of persons and businesses relocated, number remaining in the relocation workload, and a general breakdown of relocation costs shall be reported. 5. Equal Opportunity Compliance with the Equal Opportunity requirements of this Contract shall be documented by: a. A summary of equal opportunity records; b. A description of any methods of administration, site selection criteria, or actions designed to overcome the effects of past discrimination, or to promote equal opportunities; c. A description of any site selection policies or actions designed to further fair housing; and d. A summary of minority business enterprise participation records. XI. PROJECT DURATION A. Suspension or Termination for Cause In addition to the requirements in the Basic Terms and Conditions, and in accordance with OMB, the County may suspend or terminate this Contract if the Agency materially fails to comply with any of the terms of this Contract. B. Termination for Convenience In accordance with OMB, and the Basic Terms and Conditions, this Contract may also be terminated for convenience by either the County or the Agency, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the County determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the County may terminate the award in its entirety. C. After-the-Contract Requirements 1. Close-out a. The terms of this Contract shall remain in effect during any period that the Agency has control over CDBG funds, including program income. Exhibit A HCS-15-21-1501-216 City of Arlington Page 33 of 35 The County will close out the award when it determines, in its sole discretion, that all applicable administrative actions and all required work of the grant has been completed. b. Federally-owned/County-owned Property Reports. In accordance with this contract the Agency must submit an inventory of all federally-owned or County-owned property (as distinct from property acquired with grant funds) for which it is accountable and request disposition instructions from the County of property no longer needed. 2. Obligations After Close-out or Termination The close-out or termination of this Contract does not affect: a. The County's right to disallow costs and recover funds on the basis of a later audit or other review; b. The Agency's obligation to return any funds due as a result of later refunds, corrections or other transactions; c. Records retention as required; d. Property standards; e. Audit requirements; f. Insurance requirements; g. Use of property requirements; h. Hold harmless requirements; i. Indemnification requirements; j. Venue stipulation; k. Non-assignability of claims; l. Rights in data; m. Non-waiver of breach; and n. Non-assignability of obligations. Exhibit A HCS-15-21-1501-216 City of Arlington Page 34 of 35 3. Collection of Amounts Due a. Any funds paid to the Agency in excess of the amount to which the Agency is finally determined to be entitled under the terms of the award constitute a debt to the County. If not paid within a reasonable period after demand, the County may reduce the debt by: 1) Making an administrative offset against other requests for reimbursements; 2) Withholding advance payments otherwise due to the Agency; or 3) Other action permitted by law. b. Except where otherwise provided by statute or regulation, the County will charge interest on an overdue debt. The date from which interest is computed is not extended by litigation or the filing of any form of appeal. XII. CAPTIONS The section headings and subheadings contained in this Contract are included for convenience of reference only and shall not define, limit or otherwise affect the terms, scope, or intent of this Contract. XIII. BREACH BY THE AGENCY In addition to the requirements in the Basic Terms and Conditions, the following apply: A. In the event of a material breach of any of the provisions of this Contract by the Agency, the County may give written notice thereof to the Agency by registered or certified mail addressed to the Agency at the notice address determined pursuant to this Contract. If such violation is not corrected to the satisfaction of the County within thirty (30) days after the date such notice is mailed (or within such shorter or longer time as the County, in its sole discretion, may determine), the County may, without further prior notice, declare in writing a default under this Contract and terminate or suspend this Contract. B. The County also may, if it deems it appropriate, apply to any court, state or federal, for remedy for breach of contract; for specific performance of this Contract; for an injunction against any violation by the Agency of this Contract; for the appointment of a receiver to take over and operate the project in accordance with the terms of this Contract; or for such other and further relief as may be appropriate, it being agreed by the Agency that the Exhibit A HCS-15-21-1501-216 City of Arlington Page 35 of 35 injury to the County arising from a default under and of the terms of this Contract would be irreparable and that it would be extremely difficult to ascertain the amount of compensation to the County, which would afford adequate relief, in light of the purposes and policies of the CDBG program. As an alternative, the County may in its sole discretion decide to submit the matter to arbitration. XIV. ENTIRE CONTRACT; MODIFICATION This Contract constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior discussion and understandings between them. XV. TIME OF THE ESSENCE Time is of the essence in the performance of each party’s obligations under this Contract. Each party will carry out its obligations under this Contract diligently and in good faith. Exhibit B HCS-15-21-1501-216 City of Arlington Page 1 of 2 EXHIBIT B STATEMENT OF WORK HALLER PARK I. CDBG PROJECT ACTIVITY The project is eligible under the National Objective of principally benefiting low- and moderate-income persons as a limited clientele presumed benefit activity serving severely disabled adults and the elderly. II. PROJECT DESCRIPTION Real or personal property improved or acquired with CDBG funds under the Contract will be used for: Construction costs associated with removal of architectural barriers at Haller Park by reconstructing the existing restroom facility and replacing it with an ADA compliant restroom/activity shelter which will include ADA compliant restrooms, meeting space, and both covered and uncovered outdoor seating accommodations. III. USE OF PROPERTY The Agency agrees to use real and personal property improved or acquired in whole or in part with CDBG funds provided under this Contract for the authorized purpose of the Haller Park project located at 127 Cox Avenue, Arlington, WA 98223. IV. MITIGATING FACTORS (see environmental review) Required mitigation per the City of Arlington’s Mitigated Determination of Non- Significance dated 12/3/13: 1. Best Management Practices shall be used during the grading and filling of the site. 2. Only lighting that is full cutoff and downshielded will be installed and LED lighting shall be used. 3. The Stillaguamish Tribe will be provided adequate notice ahead of any excavating activity so they may provide a Tribal Monitor. Exhibit B HCS-15-21-1501-216 City of Arlington Page 2 of 2 PUBLIC FACILITIES & INFRASTRUCTURE CONSTRUCTION TIMELINE Provide estimated dates of completion for each activity listed below. Add other activities relevant to the project as needed. Years 2015 2016 List of Activities DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Management /Admin. Property Acquisition Planning/ Preliminary Architect/ Engineering Detailed Design Bidding Procedures X X X X Construction X X X X X Project Close Out Procedures X X Project Complete X Exhibit C HCS-15-21-1501-216 City of Arlington Page 1 of 4 SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT EXHIBIT C APPROVED CONTRACT BUDGET COST REIMBURSEMENT PROGRAM TITLE: Haller Park AGENCY: City of Arlington ADDRESS: 238 N. Olympic Avenue, Arlington, WA 98223 CONTRACT PERIOD: TO REVENUE SOURCES: FUNDS AWARDED UNDER CONTRACT: REVENUE SOURCE AMOUNT HUD-Community Development Block Grant CFDA 14.218 $158,473 TOTAL FUNDS AWARDED: $158,473 NON-FEDERAL MATCHING RESOURCES: TOTAL NON-FEDERAL RESOURCES: $ 0.00 MATCH REQUIREMENTS FOR CONTRACT: PERCENTAGE: N/A AMOUNT: N/A OTHER PROGRAM RESOURCES (Identify): SOURCE PERIOD AMOUNT Snohomish County Parks Funds $50,000 City REET Funds 50,000 City In-kind Funds 26,150 TOTAL OTHER RESOURCES $126,150 Exhibit C HCS-15-21-1501-216 City of Arlington Page 2 of 4 SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT EXPENDITURES BARS # CATEGORY FUND SOURCE: CDBG MATCHING RESOURCES TOTAL OTHER RESOURCES 10 Salaries/Wages 20 Benefits 30 Supplies 41 Prof. Services $10,000 42 Postage 42 Telephone 43 Mileage/Fares 43 Meals 43 Lodging 44 Advertising 45 Leases/Rentals 46 Insurance 47 Utilities 48 Repairs/Maint. 49 Printing 49 Dues/Subscript. 49 Registr/Tuition 64 Machinery/Equip Acquisition Misc. Construction $158,473 $158,473 116,150 TOTAL $158,473 $0 $158,473 $126,150 Exhibit C HCS-15-21-1501-216 City of Arlington Page 3 of 4 SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT EXPENDITURE NARRATIVE AMOUNT TYPE OF EXPENDITURE: i.e. Salaries: 40% Program person, etc. Benefits: FICA, MEDICAL, etc. Communications: Postage, Telephone, etc. $158,473 Misc. Construction TOTAL: $158,473 Exhibit C HCS-15-21-1501-216 City of Arlington Page 4 of 4 SNOHOMISH COUNTY HUMAN SERVICES DEPARTMENT DETAIL SALARIES/WAGES POSITION FT/PT % OF TIME TO FUND FUND TOTAL MONTHLY MONTHLY CHG TO FUND TOTAL CHG TO FUND NA NA NA NA TOTAL NA NOTE: Above figures may reflect rounding Exhibit D HCS-15-21-1501-216 City of Arlington Page 1 of 1 EXHIBIT D SNOHOMISH COUNTY HOUSING AND URBAN DEVELOPMENT PROJECTS REQUEST FOR REIMBURSEMENT/ACTUAL EXPENDITURE REPORT Date: Project Title: Haller Park Contract Number: HCS-15-21-1501-216 Contracting Agency: City of Arlington Claim Period: Claim Amount: CERTIFICATIONS: 1. I, the undersigned, do hereby certify under penalty of perjury: 2. That I am duly authorized to submit this claim for reimbursement on behalf of the above Contract/Organization/Agency; 3. That the enclosed Report of Actual Expenditures and documentation accurately reflects materials furnished, services rendered, and/or labor performed in furtherance of the above project; 4. That payment has been made or is currently due or obligated for such materials, services and/or labor; 5. That such expenditures or current obligation constitute allowable costs under the principles in applicable Office of Management and Budget Circulars and conform to the approved Project Budget; and 6. That the materials, services, and/or labor for which reimbursement from HUD grant funds is requested by this document have not and will not be paid or reimbursed by any other agency, corporation, partnership, firm or individual, OTHER THAN the Contracting Organization/Agency, its officers, agents, and/or employees. ____________________________ (Signature) _______________________________ (Typed Name) _______________________________ (Position) Office Use Only: Program ______________ FY ______________ Obj# ______________ Date Posted ___________ % Complete ___________ CY __________________ Compliance  Authorized Signature  Allowable/Eligible Costs  Within Budget  Meets Contract Terms  Sufficient Funds  Documentation G.A._______________ Date________________ Exhibit E HCS-15-21-1501-216 City of Arlington Page 1 of 1 EXHIBIT E SNOHOMISH COUNTY HOUSING AND URBAN DEVELOPMENT PROJECTS REPORT OF ACTUAL EXPENDITURES - HUD PROJECTS Date: Project Title: Haller Park Contract Number: HCS-15-21-1501-216 Contracting Agency: City of Arlington Claim Period: Claim Amount: Expenditures This Period Cumulative Exp. to Date Category HUD Funds Other (Specify) Total HUD Funds Other (Specify) Total Salaries & Wages Benefits Supplies Prof. Services Postage Telephone Mileage/fares Meals Lodging Advertising Lease/Rentals Insurance Utilities Repair/Maint. Printing Dues/Subscript. Registr/Tuition Machinery/Equipment Acquisition Misc. Construction TOTALS Exhibit F HCS-15-21-1501-216 City of Arlington Page 1 of 4 EXHIBIT F The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AGENCY NAME: City of Arlington By: _______________________________________ Title: Date: CERTIFICATION REGARDING LOBBYING Exhibit F HCS-15-21-1501-216 City of Arlington Page 2 of 4 Federal Register Vol. 54. No. 243 / Wednesday, December 20, 1989 / Notices 52323 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post award 3. Report Type: a. initial filing b. material change For Material Change Only: year _______ quarter 4. Name and Address of Reporting Entity: Prime Subawardee Tier _____, if known: Congressional District, if known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: ______________ 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): (attach Continuation Sheet(s) b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): $ ________________ actual planned ______________________________________________ 12. Form of Payment (check all that apply): a. Cash b. In-kind; specify: nature: _______________ value: 13. Type of Payment (check all that apply): a. retainer b. one-time fee c. commission d. contingent fee e. deferred f. other; specify: ____________________ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for payment indicated in item 11: (attach Continuation Sheet(s) SF-LLL-A if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: Yes No 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: _______________________________________ Print Name: ______________________________________ Title: ___________________________________________ Telephone No.: ___________________ Date: _________________ Federal Use Only: Authorized for Local production Standard Form - LLL Exhibit F HCS-15-21-1501-216 City of Arlington Page 3 of 4 INSTRUCTION FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but at not limited to subcontracts, subgrants and contract awards under grants. 5. Of the organization filing the report in item 4 checks “Subawardee”, then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90- 001.” 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the report entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 1. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 2. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 3. Check the appropriate box(es). Check all boxes that apply, If other, specify nature. 4. Provide a specific and detailed description of the service that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 5. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 6. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Federal Register / Vol. 54, No. 243 / Wednesday, December 20, 1989 / Notices 52325 __________________________________________________________________________________________ Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington D.C. 20503. Exhibit F HCS-15-21-1501-216 City of Arlington Page 4 of 4 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB CONTINUATION SHEET 0348-0046 Authorized for Local Reproduction Standard For – LLL Reporting Entity: ________________________________________________________________Page _________ of ________ BASIC TERMS AND CONDITIONS BETWEEN SNOHOMISH COUNTY AND CITY OF ARLINGTON Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 i TABLE OF CONTENTS I. PURPOSE .................................................................................................................. 1 II. DEFINITIONS ............................................................................................................. 1 III. ASSIGNMENT AND DELEGATION ............................................................................ 3 IV. SUBCONTRACTING .................................................................................................. 3 V. DUPLICATION OF EFFORT ...................................................................................... 5 VI. RELATIONSHIPS OF PARTIES ................................................................................. 5 VII. DEBARMENT AND SUSPENSION ............................................................................ 5 VIII. CONFLICTS OF INTEREST AND KICKBACKS ......................................................... 6 IX. COVENANT AGAINST CONTINGENT FEES ............................................................ 7 X. NONWAIVER OF COUNTY RIGHTS ......................................................................... 7 XI. PERFORMANCE STANDARDS AND LICENSING .................................................... 7 XII. SERVICES PROVIDED IN ACCORDANCE WITH LAW ............................................ 8 XIII. COMPLIANCE WITH FUNDING SOURCE REQUIREMENTS ................................... 8 XIV. PROPRIETARY SOFTWARE APPLICATIONS .......................................................... 8 XV. COMPLIANCE WITH SNOHOMISH COUNTY HUMAN RIGHTS ORDINANCE ........ 8 XVI. NONDISCRIMINATION AND AFFIRMATIVE ACTION ............................................... 8 XVII. NONCOMPLIANCE WITH NONDISCRIMINATION PLAN ....................................... 10 XVIII. CLIENT GRIEVANCES ............................................................................................. 10 XIX. CONFIDENTIALITY .................................................................................................. 10 XX. BACKGROUND CHECKS ........................................................................................ 11 XXI. TREATMENT OF CLIENT ASSETS ......................................................................... 12 XXII. REPORTS ................................................................................................................ 12 XXIII. MAINTENANCE OF RECORDS ............................................................................... 12 XXIV. RIGHTS IN DATA ..................................................................................................... 13 XXV. OWNERSHIP OF MATERIAL ................................................................................... 13 XXVI. OWNERSHIP OF REAL PROPERTY, EQUIPMENT AND SUPPLIES ..................... 14 XXVII. RIGHT OF INSPECTION AND ACCESS .................................................................. 14 XXVIII. TREATMENT OF ASSETS ....................................................................................... 14 XXIX. PROCUREMENT STANDARDS ............................................................................... 16 XXX. FISCAL ACCOUNTABILITY STANDARDS .............................................................. 17 XXXI. REIMBURSEMENT PROCEDURES ........................................................................ 17 XXXII. BUDGET REVISIONS .............................................................................................. 18 Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 ii XXXIII. AUDIT REQUIREMENTS ......................................................................................... 18 XXXIV. OVERPAYMENTS AND ASSERTION OF LIEN ....................................................... 20 XXXV. INSURANCE ............................................................................................................. 21 XXXVI. INDEMNIFICATION .................................................................................................. 23 XXXVII. DISPUTES ................................................................................................................ 24 XXXVIII. RESPONSIBILITY .................................................................................................... 24 XXXIX. COUNTY AUTHORITY ............................................................................................. 25 XL. DRUG-FREE WORKPLACE ..................................................................................... 25 XLI. CHANGES AND MODIFICATIONS .......................................................................... 25 XLII. TERMINATION OR SUSPENSION OF ANY CONTRACT ....................................... 25 XLIII. SEVERABILITY ........................................................................................................ 28 XLIV. CONTRACT CLOSE-OUT PROCEDURES .............................................................. 28 XLV. LOBBYING AND CERTIFICATION........................................................................... 28 XLVI. VENUE STIPULATION ............................................................................................. 29 XLVII. NOTICES .................................................................................................................. 29 XLVIII. ACCEPTABLE FORM OF SIGNATURE ................................................................... 29 XLIX. SIGNATURE AUTHORIZATION FORMS ................................................................. 30 L. SURVIVABILITY ....................................................................................................... 30 LI. ENTIRE AGREEMENT ............................................................................................. 30 LII. ORDER OF PRECEDENCE ..................................................................................... 30 LIII. WAIVER .................................................................................................................... 30 LIV. EFFECTIVE DATE AND EFFECTIVENESS OF THIS AGREEMENT ...................... 30 Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 1 of 31 BASIC TERMS AND CONDITIONS THIS DOCUMENT of Basic Terms and Conditions, hereinafter referred to as the “Agreement,” is entered into by and between Snohomish County, a political subdivision of the State of Washington, on behalf of its Human Services Department, hereinafter referred to as “County,” and City of Arlington, hereinafter referred to as “Agency.” I. PURPOSE It is the purpose of this document to establish appropriate basic terms and conditions which may be incorporated by reference into subsequent contracts between the County and the Agency for social and health services funded in whole or in part by or through the County. This document has no independent force or effect. II. DEFINITIONS As used throughout this Agreement and any Contract incorporating this Agreement, unless specified otherwise, the following terms shall have the meanings set forth below: A. “Acquisition costs” shall mean that amount expended for property, excluding interest, plus, in the case of property acquired with a trade-in, the book value (acquisition cost less the amount depreciated through the date of trade-in) of the property traded in. Property which was expended when acquired has a book value of zero when traded in. B. “Agency” shall mean the entity that is a party to this Agreement, and includes the Agency’s officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For purposes of this Agreement, neither the Agency nor its officers, directors, trustees, employees or agents shall be considered an employee of the County. C. “Assignment” shall mean the act of transferring the rights and obligations of a party under this Agreement or any Contract to another not party to this Agreement or any Contract. D. “BARS” shall mean the “Budgeting, Accounting, and Reporting System for Counties and Cities and Other Local Governments,” as now or hereafter amended, issued by the Office of the State Auditor, State of Washington, and the BARS Manual Supplements issued by state agencies. E. “CFR” shall mean the Code of Federal Regulations. All references in this Agreement or any Contract to the CFR shall include any successor, amended, or replacement regulation. F. “Client” shall mean an individual who is eligible for or receiving services provided by the Agency in connection with any Contract. G. “Contract” shall mean any agreement between the County and the Agency that incorporates this Agreement by reference. H. “Contractor” shall mean an entity that agrees to provide the amount and kind of services requested; provides services only for those determined to be eligible; and Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 2 of 31 provides services on a fee-for-service or per-unit basis with contractual penalties if it fails to meet program performance standards. I. “Debarment” shall mean an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. J. “Director” shall mean the Director of the Snohomish County Human Services Department and/or the delegate authorized in writing to act on the Director’s behalf. K. “Equipment” shall mean an article of nonexpendable, tangible personal property or information technology systems and software having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit. L. “HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191, 79 Stat. 1936), as codified at 42 U.S.C. §§ 1320d-d8, and its implementing regulations set forth at 45 CFR Parts 160 and 164. M. “Nonexpendable personal property” shall mean tangible personal property having a useful life of more than one (1) year and an acquisition cost of $500 or more per unit. N. “OMB” shall mean the federal Office of Management and Budget. O. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. P. “Personal property” shall mean property of any kind except real property. Q. “RCW” shall mean the Revised Code of Washington. All references to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters and sections can be accessed at http://slc.leg.wa.gov/. R. “Real property” shall mean any interest in land, including land improvements, structures, and appurtenances thereto, excluding movable machinery and equipment. S. “Regulation” shall mean any federal, state, or local regulation, rule, or ordinance. T. “Secure Area” shall mean an area to which only authorized representatives of the entity possessing the Personal Information have access. Secured Areas may include buildings, rooms, or locked storage containers (such as filing cabinets) within a room, as long as access to the Personal Information is not available to unauthorized personnel. U. “Subcontract” shall mean any separate agreement or contract between the Agency and a Subagency to perform all or a portion of the duties and obligations that the Agency is obligated to perform pursuant to this Agreement or any Contract. V. “Subagency” shall mean any person, partnership, corporation, association, or organization, not in the employment of the Agency, who is performing under contract with the Agency in any tier, all or part of any services under any Contract incorporating this Agreement. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 3 of 31 W. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual who is a beneficiary of such a program. A Subrecipient may also be a recipient of other federal awards directly from a federal awarding agency. X. “Supplies” shall mean all tangible personal property other than equipment. Y. “Trusted System” includes only the following methods of physical delivery: 1. Hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; 2. United States Postal Service (USPS) first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; and 3. Commercial delivery services (e.g., FedEx, UPS, DHL) which offer tracking and receipt confirmation. Z. “Useful life” of property shall mean its useful life as based on the U.S. Department of Treasury, Internal Revenue Service, policies and regulations on depreciation for federal tax purposes, unless the Agency can document to the written satisfaction of the County some different period. AA. “WAC” shall mean the Washington Administrative Code. All references to WAC chapters or sections shall include any successor, amended or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://slc.leg.wa.gov/. III. ASSIGNMENT AND DELEGATION The Agency shall not subcontract, assign, or delegate any rights or obligations under this Agreement or any Contract, either in whole or in part, without the prior express written approval of the County and the written assumption of the Agency’s obligations by the third party. IV. SUBCONTRACTING A. The Agency shall not subcontract work or services provided under any Contract without obtaining the prior express written authorization of the County. B. Subagencies are prohibited from subcontracting for direct client services without the prior express written approval of the County. C. The Agency shall be responsible for the acts and omissions of its Subagencies. D. At the County’s request, the Agency will forward to the County copies of Subcontracts and fiscal, programmatic, and other material pertaining to Subcontracts. E. Every Subcontract entered into by the Agency under any Contract shall be in writing and incorporate the following clauses of this Agreement, with word changes where appropriate to properly identify the parties to the Subcontract: 1. Definitions; 2. Assignment and delegation; Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 4 of 31 3. Subcontracting; 4. Duplication of effort; 5. Relationship of parties; 6. Debarment and suspension; 7. Conflicts of interest and kickbacks; 8. Covenant against contingent fees; 9. Performance standards and licensing; 10. Services provided in accordance with law; 11. Compliance with funding source requirements; 12. Compliance with Snohomish County Human Rights Ordinance; 13. Nondiscrimination and affirmative action; 14. Noncompliance with nondiscrimination plan; 15. Client grievances; 16. Confidentiality; 17. Background checks; 18. Treatment of client assets; 19. Reports; 20. Maintenance of records; 21. Rights in data; 22. Ownership of material; 23. Ownership of real property, equipment and supplies; 24. Right of inspection and access; 25. Treatment of assets; 26. Procurement standards; 27. Fiscal accountability standards; 28. Audit requirements; 29. Insurance; 30. Indemnification; 31. Responsibility; 32. Drug-free workplace; and 33. Lobbying and certification. F. If the Agency delegates responsibility for determining service recipient eligibility to the Subagency, the Subcontract shall include: Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 5 of 31 1. A provision acceptable to the County that specifies how eligibility will be determined; 2. A provision acceptable to the County that specifies how service applicants and recipients will be informed of their right to a hearing in the case of: a. Denial or termination of service; and/or b. Failure to act upon a request for service with reasonable promptness; and 3. A provision acceptable to the County that states Subcontract termination shall not be grounds for a fair hearing for the service applicant or recipient under the terms of this section if: a. Similar services are immediately available in the County; or b. Termination was the result of termination under the clause of this Agreement captioned “Termination for Lack of Funding.” G. The obligations, which shall be set forth in any Subcontract, include: 1. Performance of the Agency’s obligations under the Subcontract; 2. Only subcontracting with entities or persons that maintain appropriate license, certification or government approvals when required; 3. Responsibility for Subagency compliance with the Subcontract terms, including reporting procedures; and 4. Seeking appropriate administrative, contractual, or legal remedies for Subagency breach of Contract terms. V. DUPLICATION OF EFFORT The Agency certifies that work to be performed under any Contract will not duplicate any work to be charged against any other contract, subcontract, or other source. VI. RELATIONSHIPS OF PARTIES The Agency will perform the services under this Agreement and any Contract as an independent contractor and not as an agent, employee, or servant of the County or any state or federal agency. The Agency, its agents and employees are not entitled to any benefits or rights enjoyed by employees of the County or any state or federal agency. The Agency shall direct and control Agency’s own activities in providing services under this Agreement, any Contract, and any Subcontract approved by the County. The County shall only have the right to ensure performance. Nothing in this Agreement or any Contract shall be construed to render the parties partners or joint ventures. VII. DEBARMENT AND SUSPENSION All Contracts awarding federal resources are subject to the provisions of federal Executive Order 12549 and federal Executive Order 12689, “Debarment and Suspension,” including any amendments, as follows: A. Agencies and Subagencies must not make any award or permit any award (contract or subcontract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 6 of 31 under federal Executive Order 12549 and federal Executive Order 12689, “Debarment and Suspension.” Agencies shall consult and require their Subagencies at any tier, when charged as direct cost, to consult the consolidated list of “Parties Excluded from Federal Procurement and/or Nonprocurement Programs” to assure that they do not award federal grant funds to listed parties in violation of the federal Executive Orders. B. If an Agency believes that there are compelling reasons for making an award to a debarred, suspended, or voluntarily excluded person in a particular case, the Agency may apply for a waiver from this requirement, pursuant to federal Executive Order 12549. Such waivers will be granted only in unusual circumstances upon the written determination, by an authorized federal agency official, of the compelling reasons justifying the participation. C. The Agency, by signature to this Agreement and to each Contract into which this Agreement is incorporated, certifies that the Agency is not now or then presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in any Contract by any federal department or agency. D. The Agency also agrees to include the following required language in all Subcontracts into which it enters, resulting directly from the Agency’s duty to provide services under any Contract: LOWER TIER COVERED TRANSACTIONS 1. The lower tier subagency certifies, by signing this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. When the lower tier subagency is unable to certify to any of the statements in the contract, such subagency shall attach an explanation to the contract. E. The Agency shall notify the County within one (1) business day of any debarment proceedings brought against it or any of its Subcontractors. VIII. CONFLICTS OF INTEREST AND KICKBACKS A. The Agency’s employees, subagencies, and board or committee members shall not use, or give the appearance of using, their positions for the personal gain of themselves or those with whom they have family, business, or other ties. B. The Agency’s employees, subagencies, and board or committee members shall not have or acquire any interest, direct or indirect, which would conflict with the performance of services under any Contract. The Agency shall not employ or subcontract with persons who have conflicts of interest, nor appoint them as members of its governing board or advisory committee(s). C. Personnel and governing board or advisory committee policies of the Agency shall include written standards of conduct governing conflict of interest and kickbacks. D. Gratuities in the form of entertainment, gifts, or otherwise offered by the Agency or an agent or representative of the Agency to any officer or employee of the County, with a view towards securing any Contract or securing favorable treatment with Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 7 of 31 respect to the awarding, amending, or the making of any determination, will render any Contract voidable at the option of the County. E. The County may, by written notice to the Agency, suspend or terminate any Contract in whole or in part if it is found that any of the following laws, or their successors, have been violated in obtaining this Agreement or any Contract, or in securing favorable treatment with respect to the awarding, amending, or the making of any determinations with respect to this Agreement, any Contract or any Contracts or Subcontracts entered by the Agency or agencies contracting with the Agency under authority of this Agreement: 1. Misconduct of Public Officers, Chapter 42.20 RCW; 2. Ethics in Public Service, Chapter 42.52 RCW; 3. Kickbacks from Public Works Employees, 18 U.S.C. § 874. F. Additionally, the County may, by written notice, suspend or terminate any Contract in whole or in part with an Agency that is a local governmental entity if it is found that the Agency has violated the Code of Ethics for Municipal Officers – Contract Interests, Chapter 42.23 RCW. IX. COVENANT AGAINST CONTINGENT FEES The Agency warrants that no person or agency has been employed or retained on a contingent fee for the purpose of seeking or obtaining this Agreement or any Contract. This does not apply to legitimate employees or an established commercial or selling agency maintained by the Agency for the purpose of securing business. In the event of breach of this clause by the Agency, the County may at its discretion: A. Terminate this Agreement and any Contract under the procedures discussed in Section XLIII without any liability; B. Deduct from the Contract price or consideration, or otherwise recover, the full amount of any such contingent fee; and C. Seek such other remedies as are legally available. X. NONWAIVER OF COUNTY RIGHTS The County’s failure to insist upon the strict performance of any provision of this Agreement or any Contract, its failure to exercise any right based upon a breach thereof, or its acceptance of any defective performance shall not constitute a waiver of any rights under this Agreement or any Contract, unless stated to be such in writing signed by an authorized representative of the County and attached to the original Agreement or Contract. XI. PERFORMANCE STANDARDS AND LICENSING The Agency shall comply with all applicable local, state, and federal licensing and accrediting requirements/standards and any other standards or criteria established by the County to assure the quality of services necessary for the performance of any Contract. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 8 of 31 XII. SERVICES PROVIDED IN ACCORDANCE WITH LAW The Agency and the County shall comply with all applicable laws, rules, ordinances, codes, and regulations of local, state, and federal governments, as now existing or hereafter enacted or amended in the performance of any Contract. XIII. COMPLIANCE WITH FUNDING SOURCE REQUIREMENTS The Agency shall comply with all conditions, terms and requirements of any funding source that wholly or partially funds the Agency’s work under any Contract. XIV. PROPRIETARY SOFTWARE APPLICATIONS In the event the Agency accesses the County’s proprietary software applications to perform any work under any Contract, the Agency shall read and agree to the terms and conditions of the software license agreement, and shall not violate the terms and conditions of the software license agreement including, but not limited to: A. Restricting the use of the software application to employees or subcontractors; B. Not “pirating” or reverse engineering the software application; and/or C. Otherwise using the application in any way that may harm the County or violate the terms and conditions of the software license agreement. XV. COMPLIANCE WITH SNOHOMISH COUNTY HUMAN RIGHTS ORDINANCE It is the policy of the County to reject discrimination which denies equal treatment to any individual because of his or her race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability as provided in Washington’s Law against Discrimination, Chapter 49.60 RCW, and the Snohomish County Human Rights Ordinance, Chapter 2.460 SCC. These laws protect against specific forms of discrimination in employment, credit transactions, public accommodation, housing, county facilities and services, and county contracts. The Agency shall comply with the substantive requirements of Chapter 2.460 SCC, which are incorporated herein by this reference. Execution of this Agreement constitutes a certification by the Agency of the Agency's compliance with the requirements of Chapter 2.460 SCC. If the Agency is found to have violated this provision, or to have furnished false or misleading information in an investigation or proceeding conducted pursuant to this Agreement or Chapter 2.460 SCC, this Agreement may be subject to a declaration of default and termination at the County's discretion. This provision shall not affect the Agency's obligations under other federal, state, or local laws against discrimination. XVI. NONDISCRIMINATION AND AFFIRMATIVE ACTION During the performance of any Contract, the Agency and its Subagencies, if any, shall comply with federal and state laws against discrimination including, where applicable, the state funding agency’s nondiscrimination plan. Nondiscrimination requirements include, but are not limited to: A. Nondiscrimination in Employment: Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 9 of 31 1. The Agency and its Subagencies, if any, shall not discriminate against any employee or applicant for employment on the basis of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or other veterans’ status, or mental or physical handicap. 2. The Agency and its Subagencies, if any, shall take affirmative action to ensure that employees are treated without discrimination on the basis of race, color, sex, sexual orientation, religion or national origin, creed, marital status, age, Vietnam era or other veterans’ status, or mental or physical handicap. Such action shall include, but not be limited to, the following: promotion, demotion, transfer, termination, recruitment, advertising, training, apprenticeships, and rates of pay or other forms of compensation and benefits. 3. The Agency and its Subagencies, if any, shall agree to post in a conspicuous place available to employees and applicants, employment notices provided by the County setting forth the provisions of this nondiscrimination clause. 4. All solicitations, advertisements, or announcements for employees, volunteers, and board or advisory committee members will include reference to the Agency’s policy of nondiscrimination and affirmative action. Classified advertisements shall include the initials “EEOC/AA”. All other solicitations, advertisements, or announcements shall include the following statement: All qualified applicants will receive consideration without regard to race, color, sex, sexual orientation, religion or national origin, creed, marital status, age, Vietnam era or other veterans’ status, or mental or physical handicap. 5. All Subcontracts awarded in excess of $10,000 by the Agency or any Subagency shall contain a provision requiring compliance with federal Executive Order 11246 entitled “Equal Employment Opportunity,” as amended by federal Executive Order 11375, and supplemented by 41 CFR Chapter 60. 6. Agencies with fifty (50) or more employees and government contracts of $50,000 or more in federal funds are required by Executive Order 11246 to develop and implement a written affirmative action program. B. Nondiscrimination in Client Services: 1. The Agency and its Subagencies, if any, shall not on the grounds of race, color, sex, sexual orientation, religion, creed, national origin, marital status, age, Vietnam era or other veterans’ status, or mental or physical handicap: a. Deny, restrict, limit, or treat differently qualified individuals for the purposes of the participation in and the delivery of services and/or benefits made available to others; or b. Employ criteria or methods of selection of recipients, individually or as a class, or administering services and/or benefits that have the effect of subjecting qualified individuals to discrimination or unequal treatment. 2. The Agency and its Subagencies, if any, shall abide by all provisions of Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 355) (the “Rehabilitation Act”), and the Americans with Disabilities Act of 1990 (Pub. L. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 10 of 31 101-336, 104 Stat. 327, codified at 42 U.S.C. § 12101 et seq.) (the “ADA”), and any amendments, prohibiting discrimination against handicapped persons. 3. If subcontracting has been authorized by the County, the terms required in this Agreement and any additional appropriate safeguards against discrimination shall be included in the Subcontract and shall be binding upon the Subagency in order to prohibit discrimination or unequal treatment. The Agency shall ensure full compliance with the provisions of this clause. XVII. NONCOMPLIANCE WITH NONDISCRIMINATION PLAN In the event of the Agency’s noncompliance or refusal to comply with the nondiscrimination provisions in this Agreement, the County may rescind, cancel, suspend, or terminate any Contract, as described in Section XLIII of this Agreement, in whole or in part, and declare the Agency ineligible for further Contracts with the County. The County may, however, give the Agency a reasonable time to cure the noncompliance, at the County’s discretion. XVIII. CLIENT GRIEVANCES A. The Agency shall establish procedures through which applicants for and recipients of services under any Contract may present grievances concerning the activities of the Agency or any Subagencies related to service delivery. The procedures shall be written and submitted to the County for approval. The Agency shall record and maintain in writing all grievances and actions taken to resolve them. B. The grievance procedures shall provide applicants and recipients with a review of the Agency’s decision before representatives of the Agency. Applicants for, and recipients of, services described in the Statement of Work in any Contract shall be informed of these grievance procedures and their right to seek reconsideration from the Agency or the Division Manager for the Snohomish County Human Services Department in the case of denial or termination of services and/or failure to act upon a request for services with reasonable promptness. C. If an applicant or recipient is dissatisfied with a response to a complaint by the Agency or Division Manager for the Snohomish County Human Services Department, the applicant or recipient may request a review by the Director of the Snohomish County Human Services Department. XIX. CONFIDENTIALITY A. The parties may use Personal Information and other information gained by reason of any Contract only for the purpose of the Contract. The County and Agency shall not disclose, transfer, or sell any such information to any other party, except as provided by law or, in the case of Personal Information, with the prior written consent of the person or personal representative of the person to whom the Personal Information pertains. B. The Agency shall protect and maintain all Confidential Information gained by reason of any Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Agency to employ reasonable security measures, which include restricting access to the Confidential Information by: Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 11 of 31 1. Allowing access only to staff that have an authorized business requirement to view the Confidential Information; 2. Physically securing any computers, documents, or other media containing the Confidential Information; 3. Ensuring the security of Confidential Information transmitted via fax (facsimile) by verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons; 4. When transporting records containing Confidential Information outside of a Secure Area, do one or more of the following as appropriate: a. Use a Trusted System; and b. Encrypt the Confidential Information, including: (i) Email and/or email attachments; and (ii) Confidential Information when it is stored on portable devices or media, including, but not limited to laptop computers and flash memory devices; and 5. Sending paper documents containing Confidential Information via a Trusted System. C. To the extent allowed by law, at the end of any Contract term, or when no longer needed, the parties shall return Confidential Information or certify in writing the destruction of Confidential Information upon written request by the other party. D. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the Confidential Information destroyed through the recycling process. Paper documents containing Confidential Information require special handling (e.g., protected health information) must be destroyed through shredding, pulping or incinerations. E. The compromise or potential compromise of Confidential Information must be reported to the County contact designated on any Contract within five (5) business days of discovery for breaches of less than 500 persons’ protected data, and three (3) business days of discovery for breaches of 500 or more persons’ protected data. The parties must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. F. The Agency may be required to provide additional safeguards and acknowledgment of recipient rights under HIPAA, in accordance with the Agency’s independent HIPAA obligations or those required by any Contract. XX. BACKGROUND CHECKS A. Any Agency which has a Contract to provide services, housing, or otherwise care for vulnerable adults, developmentally disabled persons, juveniles, or children, or provide child day care, early learning, or early childhood education services shall ensure all staff and volunteers have a background check on file as per RCW 43.43.830-43.43.845. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 12 of 31 B. A background check must be completed at the time of employment or commencement of volunteer duties. C. If circumstances arise that cause a provider to question the need for another background check, they are encouraged to implement another check. All persons convicted of crimes listed in RCW 43.43.830 and RCW 43.43.842 are prohibited from having access to program participants. XXI. TREATMENT OF CLIENT ASSETS Unless otherwise provided in any Contract, the Agency shall ensure that any adult client receiving services from the Agency under any Contract has unrestricted access to the client’s personal property. The Agency shall not interfere with any adult client’s ownership, possession, or use of the client’s property. The Agency shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client’s age, development, and needs. Upon termination or expiration of any Contract, the Agency shall immediately release to the client and/or the client’s guardian or custodian all of the client’s personal property. This section does not prohibit the Agency from implementing such lawful and reasonable policies, procedures and practices as the Agency deems necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting clients’ access to, or possession or use of, lawful or unlawful weapons and drugs). XXII. REPORTS The Agency shall timely provide to the County and to any state or federal funding agency such financial, program, and other reports, in such formats as required by this Agreement or any Contract. XXIII. MAINTENANCE OF RECORDS A. The Agency shall retain for a period of six (6) years from the termination of any Contract unless required otherwise by law: 1. All financial, statistical, participant, and other records (including medical and treatment records) and supporting documentation; 2. All records for nonexpendable personal property; 3. All records to document performance of all acts required by law, regulation, this Agreement or that Contract; 4. All records to demonstrate accounting procedures and practices that sufficiently and properly document the Agency’s invoices to the County under that Contract; and 5. All records sufficient to substantiate the Agency’s statement of its organization’s structure, tax status, capabilities, and performance. B. If any litigation or audit is initiated, or if a claim is instituted involving this Agreement or any Contract, or a Subcontract entered pursuant to any Contract, the Agency shall retain all related records until the litigation, audit, or claim has been finally resolved. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 13 of 31 XXIV. RIGHTS IN DATA All documents, program materials, books, manuals, films, reports, fiscal, and other data developed by the Agency under any Contract shall be for the common use of the Agency, the County, and the entity providing the funds for any Contract, subject to the limitations herein or by further agreement of the parties, including the following: A. The Agency shall not seek patent rights, or produce inventions, original books, manuals, films, or other patentable or copyrighted materials created or developed with funds provided by any Contract without the approval of the County. As to the latter, the Agency acknowledges the County’s rights to ownership and protection of the public interest in such intellectual property and to negotiate agreements for reasonable royalty fees, administration, and protection of existing and future rights. The Agency shall not affix any restrictive markings upon any data produced with funds from any Contract, and if such markings are affixed, the County shall have the right to modify, remove, or ignore such markings. B. The County may duplicate, use, and disclose in any manner and for any purposes whatsoever, and have others so do, all data delivered under a Contract. If a Contract results in any copyrightable material or inventions, the County and the entity providing the funds for that Contract reserve the right to a royalty-free, non- exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials covered by copyright for governmental purposes, PROVIDED, that with respect to data not originated in the performance of the Contract, such license shall be only to the extent that the Agency has the right to grant such license without becoming liable to pay compensation to others because of such grant. The Agency shall exert all reasonable effort to advise the County, at the time of delivery of data furnished under a Contract, of all invasions of right or privacy contained therein and of all portions of such data copied from work not composed or produced in the performance of the Contract and not licensed under this clause. The Agency shall report to the County promptly and in written detail each notice or claim of copyright infringement received by the Agency with respect to all data delivered under a Contract. C. All books, informational pamphlets, press releases, research reports, articles, and similar public notices prepared and released by the Agency for the services provided by any Contract shall include the statement, “This project receives funding from the Snohomish County Department of Human Services.” In addition, all such notices will contain a statement acceptable to the County that the aforementioned project complies with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., the ADA, and the Rehabilitation Act. XXV. OWNERSHIP OF MATERIAL Material created by the Agency and paid for by the County as a part of this Agreement or any Contract shall be owned by the County and shall be “work made for hire” as defined by 17 U.S.C. § 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Agency uses to perform this Agreement or any Contract, but is not created for or paid for by the County is owned by the Agency and is not “work made for hire”; however, the County shall have Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 14 of 31 a perpetual license to use this material for the County’s internal purposes at no charge to the County, provided that such license shall be limited to the extent which the Agency has a right to grant such a license. XXVI. OWNERSHIP OF REAL PROPERTY, EQUIPMENT AND SUPPLIES A. Purchased by the Agency: 1. Title to all property, equipment and supplies purchased by the Agency with funds from any Contract shall vest in the Agency. When real property, or equipment with a per unit fair market value over $5,000, is no longer needed for the purpose of carrying out any Contract, or any Contract is terminated or expired and will not be renewed, the Agency shall request disposition instructions from the County. If the per unit fair market value of equipment is under $5,000, the Agency may retain, sell, or dispose of it with no further obligation. 2. When supplies with a total aggregate fair market value over $5,000 are no longer needed for the purpose of carrying out any Contract, or any Contract is terminated or expired and will not be renewed, the Agency shall request disposition instructions from the County. If the total aggregate fair market value of supplies is under $5,000, the Agency may retain, sell, or dispose of them with no further obligation. 3. Disposition and maintenance of property shall be in accordance with 45 CFR Parts 74 and 92. B. Purchased by the County: Title to property, equipment or supplies purchased by the County and provided to the Agency to carry out the activities of any Contract shall remain with the County. When real property, equipment or supplies are no longer needed for the purpose of carrying out any Contract, or any Contract is terminated or expired and will not be renewed, the Agency shall request disposition instructions from the County. XXVII. RIGHT OF INSPECTION AND ACCESS The Agency shall provide access to its records, facilities, and personnel at all reasonable times in order to monitor and/or evaluate performance, compliance, and quality assurance under this Agreement or any Contract. Access and assistance shall be given to the County, any state, federal, or other funding agency, the State Auditor, and to any other person authorized by law. XXVIII. TREATMENT OF ASSETS A. To secure the financial interest of the County in items purchased or developed with funds awarded through cost reimbursement under this Agreement or any Contract, the parties agree that: 1. Title shall remain in the County; and 2. Title to such nonexpendable personal property, which is purchased, developed, or acquired by the Agency and which is claimed as an acquisition cost, shall pass to and vest in the County upon delivery of such property by the Agency and shall Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 15 of 31 not be rented, loaned, or transferred without the prior express written approval of the County. B. Unless provided otherwise by agreement of the parties, if the Agency elects to capitalize and depreciate such nonexpendable personal property in lieu of claiming the acquisition cost, title to such property shall remain with the Agency. An election to capitalize and depreciate or claim acquisition cost as a direct cost shall be irrevocable and must be made at the time the asset is purchased, developed, or acquired. C. Such nonexpendable personal property shall only be used by the Agency or its Subagencies in the performance of this Agreement or any Contract, unless otherwise provided herein or approved by the County. D. As a condition precedent to reimbursement for the purchase or acquisition of nonexpendable personal property, the Agency agrees to execute security instruments and other documents that are necessary for the County, state, federal, or other funding agency to protect its interest in such property in accordance with Article 9A of the Uniform Commercial Code, as codified in Title 62A RCW, including, but not limited to, completion of UCC-1, UCC-2, and UCC-3 forms. The Agency also agrees to name the County (or funding agency) as lien holder(s) on certificates of title for all motor vehicles in accordance with Title 46 RCW, unless otherwise approved by the County. E. The Agency shall submit completed certificates of title and applicable UCC forms for equipment and fixtures to the County with the claim for reimbursement on which they are claimed. The security interest shall be retained beyond the term of any Contract for the serviceable life of the property, beginning on the date of purchase, to ensure its continued use for the purpose intended. F. The Agency shall maintain records, perform inventories, and maintain control systems to prevent loss, damage, or theft of County property. The Agency shall be responsible for: 1. Performing an annual physical inventory of all nonexpendable personal property of the County in its possession or control and requiring such inventories of any Subagency that is in possession of such property provided under a Subcontract to any Contract, at the end of the Agency’s fiscal year during any Contract; 2. Loss, damage and expenses, which result from negligence, willful misconduct, or lack of good faith on the part of the Agency or Subagencies or failure on the part of the Agency or Subagencies to maintain and administer the property in accordance with sound management practices; 3. Ensuring that the property will be returned to the County in like condition as furnished to or acquired by the Agency, reasonable wear and tear excepted; and 4. Notifying the County of loss, destruction, or damage to any County property and taking all reasonable steps to protect that property from further damage. G. The Agency and any Subagency shall surrender to the County all property of the County within thirty (30) calendar days after rescission, termination, cancellation, or Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 16 of 31 expiration of this Agreement, or any Contract, unless otherwise mutually agreed between the Agency or Subagency and the County. H. County approval is required prior to all purchases of non-expendable personal property. XXIX. PROCUREMENT STANDARDS Agencies under a cost reimbursement Contract must establish policies and procedures for all purchases of nonexpendable property with an acquisition cost in excess of $500 per unit unless stated differently in the specific terms of the Contract. The procurement system should include, but is not limited to, the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, and/or agents engaged in the awarding of contracts using awarded funding. B. Provisions that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. C. Procedural requirements are as follows: 1. A procedure to assure the avoidance of purchasing unnecessary or duplicative items; 2. Solicitations based upon a clear and accurate description of the technical requirements of the procured items; 3. Positive efforts to utilize small and minority owned businesses; 4. A procuring instrument appropriate for the particular procurement and for promoting the best interest of the program involved; 5. Contracts made only with reasonable vendors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement; 6. Some form of price or cost analysis performed in connection with every procurement action; and 7. A system for Contract administration to ensure vendor conformance with terms, conditions, and specifications of the Contract and to ensure adequate and timely follow-up of all purchases. D. Procurement records and files for purchases shall include: 1. Evidence of vendor selection or rejection; 2. The basis for the cost or price; and 3. Justification for lack of competitive bids if not obtained. E. Agencies and Subagencies under this Agreement, or any Contract, must obtain prior approval from the County to enter into sole source contracts or contracts where only one bid or proposal is received when the acquisition cost exceeds $5,000. Requests for prior approval must include a copy of the proposed contract(s) and any related Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 17 of 31 procurement documents and justifications for noncompetitive procurement, if applicable. F. Agencies shall procure all materials, property, supplies or services in a manner that balances fiscal and environmental stewardship in accordance with the requirements of the Snohomish County Environmentally Preferable Purchasing and Utilization Policy Statement available for review and download on the County website. XXX. FISCAL ACCOUNTABILITY STANDARDS A. During the Contract period, the Agency agrees to maintain financial systems which will assure the following for this Agreement and any Contract: 1. Accurate, current, and complete disclosure of all direct and indirect costs; 2. Records that identify all sources and application of funds; 3. Control and accountability for all funds, property, and other assets; 4. Procedures that ensure comparison of actual costs with approved budgets; 5. Procedures to assure timely disbursement of funds received by the Agency from the County; 6. Procedures to assure all costs are allowable, reasonable, and are properly allocated to each funding source; 7. Source documentation that supports all accounting records; and 8. Procedures for timely and appropriate resolution of audit findings and recommendations. B. All fiscal books, records, documents, reports, and other data relating to this Agreement and any Contract shall be maintained and reported in a manner consistent with BARS. C. The Agency agrees that any County, state, federal, or other funding agency; any local, state, or federal regulatory body; and the Office of State Auditor shall have full access to and right to examine any fiscal books, records, documents, and other materials relevant to this Agreement and any Contract at all reasonable times. XXXI. REIMBURSEMENT PROCEDURES A. No payment shall be made for any goods, materials, or services purchased unless the goods, materials, or services are expressly detailed within the approved Budget and Statement of Work set forth under any Contract. B. The Agency will submit monthly written claims for reimbursement for services rendered under any Contract by the tenth calendar day of the month following the month services were provided. Written claims for reimbursement received after the tenth calendar day of the month may not be processed until the following month. The County will process claims after all supporting documentation is provided in correct and proper form. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 18 of 31 C. If written claims for reimbursement are not submitted within ninety (90) calendar days of the close of the month of service provision, those claims may not be processed or paid. D. The County reserves the right to withhold payment for services required to be performed under any Contract until required reports and/or other documents have been received. E. The Agency shall not bill the County, and the County shall not pay the Agency, if the Agency has charged or will charge the County or any other party under any other contract or agreement for the same services. XXXII. BUDGET REVISIONS The Agency may request budget revisions which shall be in writing in a format prescribed by the County. A. Line item shifts less than ten percent (10%) of the total Contract budget do not require prior County approval. B. The following revisions require prior written approval by the County: 1. Line item shifts greater than ten percent (10%) of the total Contract budget; and 2. Line items shifts that occur during the Contract period that are cumulatively greater than ten percent (10%) of the total Contract budget. C. Budget revisions that increase Administration categories are not allowable. D. Proposed changes to the Contact budget that increase or decrease the total Contract amount or change the Statement of Work shall necessitate a written amendment to the Contract. XXXIII. AUDIT REQUIREMENTS A. Agencies are to procure audit services based on the following guidelines: 1. The Agency shall maintain its records and accounts so as to facilitate the County’s audit requirement and shall ensure that Subagencies also maintain auditable records. 2. The Agency is responsible for any audit exceptions incurred by its own organization or that of its Subagencies. 3. The County reserves the right to recover from the Agency all disallowed costs resulting from the audit. 4. As applicable, the Agency required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General, and the OMB Compliance Supplement for Single Audits of Educational Institutions and Other Nonprofit Organizations. 5. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Agency must Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 19 of 31 respond to County requests for information or corrective action concerning audit issues within thirty (30) calendar days of the date of request. B. OMB Audits 1. Effective for fiscal years beginning prior to December 26, 2014, the Agency shall follow OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. 2. Effective for fiscal years beginning on or after December 26, 2014, the Agency shall follow OMB Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards. 3. If the Agency is a subrecipient of federal awards as defined by OMB, the Agency shall maintain records that identify all federal funds received and expended by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Agency shall make its records available for review or audit by officials of the federal awarding agency, the General Accounting Office, and the County. The Agency shall incorporate OMB audit requirements into all Contracts between the Agency and its Subagencies that are subrecipients. The Agency shall comply with any future amendments to OMB Uniform Guidance and any successor or replacement circular or regulation. 4. The Agency shall maintain internal controls that provide reasonable assurance that the Agency is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs. 5. The Agency shall comply with the Omnibus Crime Control and Safe Streets Act of 1968 (Pub. L. 90-351, 84 Stat. 197); Title VI of the Civil Rights Act of 1964 (Pub. L. 86-449, 47 Stat. 634); the Rehabilitation Act of 1973; Title II of the ADA; Title IX of the Education Amendments of 1972 (Pub. L. 92-318, 86 Stat. 235); the Age Discrimination Act of 1975 (Pub. L. 94-135, 89 Stat. 728, codified at 42 U.S.C. § 6101 et seq.); and The Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G, and 28 CFR Parts 35 and 39. 6. If the subrecipient Agency expends $500,000 or more in federal awards from any and/or all sources in for fiscal years beginning prior to December 26, 2014 ($750,000 or more for fiscal years beginning on or after December 26, 2014), the Agency shall procure and pay for a single or program-specific audit for that year. This requirement also applies when a subrecipient Agency has received a federal loan with continuing compliance requirements, regardless of when the loan originally occurred. Upon completion of each audit, the Agency shall submit to the Federal Audit Clearinghouse the data collection form and reporting package specified in OMB Uniform Guidance. This documentation shall be submitted on the earlier of thirty (30) calendar days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period unless a longer period is agreed to in writing and in advance by the cognizant or oversight agency for audit. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 20 of 31 A copy of the audit report (including any management letters) shall also be sent to: Administrative Services Division Manager Human Services Department 3000 Rockefeller Avenue, M/S 305 Everett, WA 98201 Or emailed to: HSD.Fiscal@snoco.org 7. The Agency shall follow up on and develop corrective action plans for all audit findings, in accordance with OMB Uniform Guidance, and prepare a “Summary Schedule of Prior Audit Findings.” 8. If the Agency is a state or local government entity, the audit shall be conducted by the Office of the State Auditor, or designee of the State Auditor. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Agency in accordance with OMB Uniform Guidance. . C. Other Audits 1. Agencies that expend less than $500,000 in federal awards ($750,000 for fiscal years beginning on or after December 26, 2014), Agencies that are private for- profit agencies, Agencies that are solely state funded and/or Agencies that are identified as Contractors currently do not fall under the requirements of the Single Audit Act and shall have a financial audit performed by a licensed CPA, as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS). 2. The financial audit requirement may be waived for small Agencies, at the County’s sole discretion. For small Agencies, a review engagement by a licensed CPA will be required when the County has waived the financial audit provision. The County reserves the right to require an audit described in C.1 above, should the results of the review engagement be unfavorable. 3. The Agency must send a copy of the audit report/review engagement no later than nine (9) months after the end of the Agency’s fiscal year(s) to: Administrative Services Division Manager Snohomish County Human Services Department 3000 Rockefeller Avenue, M/S 305 Everett, WA 98201 Or emailed to: HSD.Fiscal@snoco.org XXXIV. OVERPAYMENTS AND ASSERTION OF LIEN In the event that the County establishes that overpayments or erroneous payments have been made to the Agency under any Contract, the County may secure repayment, plus interest, if any, through the filing of a lien against the Agency’s real property, or by requiring the posting of a bond, assignment of deposit, or some other form of security acceptable to the County, or by doing both. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 21 of 31 XXXV. INSURANCE A. By the date of execution of any Contract, the Agency shall procure and maintain for the duration of any Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subagencies. The costs of such insurance shall be paid by the Agency or subagencies. The Agency may furnish separate certificates of insurance and policy endorsements for each subagency as evidence of compliance with the insurance requirements of this Agreement and any Contract. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subagencies to comply with the insurance requirements stated herein shall constitute a material breach of any Contract. For all coverages, each insurance policy shall be written on an “occurrence” form; except that insurance on a “claims made” form may be acceptable with prior County approval. If coverage is approved and purchased on a “claims made” basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date any Contract termination, and/or conversion from a “claims made” form to an “occurrence” coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under any Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement or any Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01) covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to any Contract, either directly or indirectly, involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. “Professional Services”, for the purpose of this section, shall mean any services provided by a licensed professional or those services that require professional standards of care. 3. Automobile Liability: In the event that services delivered pursuant to any Contract require the use of a vehicle or involve the transportation of clients by Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 22 of 31 Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 “any auto”; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers’ Compensation: Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or “Other States” state law. 5. Stop Gap/Employers Liability: Coverage shall be at least as broad as the protection provided by the Workers’ Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the general liability policy. C. Minimum Limits of Insurance The Agency shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the aggregate. 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers’ Compensation: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: $1,000,000. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency’s liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Agreement and any Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies except Professional/Errors and Omissions and Workers Compensation a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with any Contract (CG 2010 11/85 or its equivalent). b. The Agency’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 23 of 31 self-insurance maintained by the County, its offices, officials, employees, or agents shall not contribute with the Agency’s insurance or benefit the Agency in any way. c. The Agency’s insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests’ rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests’ surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests’ rating of B+VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above minimum requirements, the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage 1. The Agency shall furnish the County certificates of insurance and endorsements required by this Agreement and any Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with any Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 2. If the Agency is a public entity and is insured through a State of Washington approved and recognized cooperative or pool, the County will accept a letter of coverage in lieu of a certificate of insurance. XXXVI. INDEMNIFICATION A. The Agency shall protect, defend, indemnify and hold harmless Snohomish County, its officers, elected officials, agents, employees, and any state, federal, or other funding agency from and against any and all claims, suits, actions, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorney’s fees in defense thereof, for damage to any property or business and/or any death, injury, sickness or disability to any person, including without limitation any employee of the Agency or its Subagencies, caused by or arising out of or suffered, directly or indirectly, in connection with the performance of this Agreement or any Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 24 of 31 Contract or any act, error, or omission of the Agency, Agency’s employees, agents, or Subagencies, whether by negligence or otherwise. B. The Agency shall assume the risk, liability, and pay all damage, loss, cost, and expense of any party, including its employees, arising out of the performance of this Agreement and any Contract, except that caused by the sole negligence and/or willful misconduct of Snohomish County and/or its employees acting within the scope of their employment. C. With respect to the Agency’s obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the County, the Agency further agrees to waive its immunity under the Industrial Insurance Act, Title 51 RCW, as respects the County only, for any injury or death suffered by the Agency’s employee(s) caused by or arising out of the Agency’s acts, errors or omissions in the performance of this Agreement and any Contract. This waiver is mutually negotiated by the parties. D. The Agency’s obligations hereunder shall include, but are not limited to, investigating, adjusting, and defending all claims alleging loss from action, error, omission or breach of any common law, statutory or other delegated duty by the Agency, Agency’s employees, agents, or Subagencies. XXXVII. DISPUTES A. Except as otherwise provided in this Agreement or any Contract, any dispute concerning a question of fact arising under this Agreement or any Contract, which is not disposed of by consensus, shall be decided by the County through the Director of Human Services upon submission of the dispute for resolution in writing by either party. The Director shall submit his/her decision in writing and mail or otherwise furnish a copy thereof to the Agency. Participation in this dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. B. The decision of the County shall be final, but shall not preclude judicial review. Pending resolution of the dispute, the Agency shall proceed diligently with the performance of any Contract. C. A party’s written request for dispute resolution must be mailed to the Human Services Department, 3000 Rockefeller Avenue, M/S 305, Everett, WA 98201 within thirty (30) calendar days after the party could reasonably be expected to have knowledge of the issue which it now disputes and must state: 1. The disputed issues; 2. The relative positions of the parties; and 3. The Agency’s name, address, and its County contract number. XXXVIII. RESPONSIBILITY Each party to this Agreement shall be responsible for the negligence of its officers, employees, agents, and Subagencies in the performance of this Agreement and any Contract. Except to the extent that it meets its obligations to perform this Agreement or any Contract through a Subagency, no party to this Agreement shall be responsible for Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 25 of 31 the acts and/or omissions of entities or individuals not a party to this Agreement or any Contract. The County and the Agency shall cooperate in the defense of tort lawsuits, when possible. Both parties agree and understand that this provision may not be feasible in all circumstances. The County and the Agency agree to notify the attorneys of record in any tort lawsuit where both are parties if either County or the Agency enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible, and the notice may be either written or oral. XXXIX. COUNTY AUTHORITY The County Executive or his/her designee shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement and any Contract on behalf of the County, provided it is in writing and signed by the County Executive or his/her designee and consistent with the requirements for changes and modifications under this Agreement and any Contract. XL. DRUG-FREE WORKPLACE The Agency shall maintain a workplace free from alcohol and drug abuse as required by the Drug-Free Workplace Act of 1998, Pub. L. No. 105-277, 112 Stat. 2681, as amended. XLI. CHANGES AND MODIFICATIONS A. Either party may request changes, amendments, or additions to any portion of this Agreement or any Contract. Except as provided in Section XLII-B below, no such changes, amendments, or additions to any portion of this Agreement or any Contract shall be valid or binding upon either party unless it is in writing and executed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. All amendments shall be attached to, and made part of, the amended Agreement or Contract. B. This Agreement and any Contract may be unilaterally amended by the County Executive or his/her designee to: 1. Reflect changes in state or federal laws, rules, policies, or regulations governing their content; or 2. Extend the end date of any Contract without making any changes to the budget. XLII. TERMINATION OR SUSPENSION OF ANY CONTRACT A. Termination for Convenience: 1. The County or Agency may terminate any Contract, in whole or in part, upon thirty (30) calendar days’ advance written notice to the other party. 2. In the event of termination under this clause, the County shall be liable only for payment in accordance with the terms of the Contract for services rendered prior to the effective date of termination. The County may pay an amount mutually agreed by the parties for partially completed work and services, if work products are useful to or usable by the County. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 26 of 31 B. Termination for Lack of Funding: 1. The County may terminate any Contract, in whole or in part, upon five (5) business days’ written notice in the event expected or actual funding from a state, federal, or other source is withdrawn, reduced, or limited in any way prior to Contract expiration. The termination shall be effective on the date specified in the notice of termination. 2. In the event of termination under this clause, the County shall be liable only for payment in accordance with the terms of the Contract for services rendered prior to the effective date of termination. The County may pay an amount mutually agreed by the parties for partially completed work and services, if work products are useful to or usable by the County. C. Suspension or Termination for Lack of Performance: 1. In the event the County determines the Agency has failed to meet or maintain any requirement for contracting with the County, to comply with the terms or conditions of this Agreement or any Contract in a timely manner, or has otherwise breached any provision or condition of this Agreement or any Contract, the County has the right to suspend or terminate any Contract upon a 24-hour prior written notice. 2. The County may suspend all or any part of any Contract, and withhold further payments or prohibit the Agency from incurring additional obligations thereunder, during investigation of suspected noncompliance. The County may also take these actions pending corrective action by the Agency or pending a decision by the County to terminate any Contract. 3. Before the County may terminate any Contract for lack of performance, the County shall provide the Agency with written notice of the Agency’s noncompliance and provide the Agency a reasonable opportunity to correct the Agency’s noncompliance. If the Agency does not correct the Agency’s noncompliance within the period of time specified in the written notice of noncompliance, the County may then terminate the Contract. The County may terminate the Contract for lack of performance without such written notice and without opportunity for correction if the County has a reasonable basis to believe that a client’s health or safety is in jeopardy. 4. The rights and remedies of the County provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. D. Suspension or Termination for Fraud, Abuse, Violation of Law The County reserves the right to suspend or terminate all or part of any Contract, to withhold further payments, or to prohibit the Agency from incurring additional obligations of funds, if the County has reason to believe that fraud, abuse, or violation of law has occurred on the part of the Agency in the performance of any Contract. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 27 of 31 E. Suspension or Termination Procedures 1. Suspension or Termination by County Upon receipt of the notice of suspension or termination of any Contract, unless otherwise directed by the County in writing, the Agency shall: a. Stop work under the Contract on the date, and to the extent, specified in the notice; b. Place no further orders or subcontracts for materials, services, or facilities under that portion of the Contract that has been suspended or terminated; c. Complete performance of that part of the Contract, if any, which has not been suspended or terminated; d. Take such action as may be necessary for the protection and preservation of the property related to the Contract which is in the possession of the Agency and in which the County has or may acquire an interest; and e. Transfer title to the County of any property that was purchased with funds awarded under any Contract or any prior contract involving the same funding source and program purpose. 2. Termination by Agency a. The Agency may terminate any Contract for default, in whole or in part, by written notice to the County, if the Agency has a reasonable basis to believe that the County has: (i) Failed to meet or maintain any requirement for contracting with the Agency; (ii) Failed to perform under any provision of this Agreement or any Contract; (iii) Violated any law, regulation, rule, or ordinance applicable to this Agreement or any Contract; or (iv) Otherwise breached any provision or condition of this Agreement or any Contract. b. Before the Agency may terminate any Contract for lack of County performance, the Agency shall provide the County with written notice of the County’s noncompliance with the Agreement or the Contract and provide the County a reasonable opportunity to correct the County’s noncompliance. If the County does not correct the County’s noncompliance within the period of time specified in the written notice of noncompliance, the Agency may then terminate the Contract. 3. Delivery and Preservation of County Assets; Recovery of Costs Upon termination of a Contract by either party, the Agency shall promptly deliver to the County all County assets (property) in the Agency’s possession, including any material created under any Contract. Upon failure to return County property within ten (10) business days of the Contract termination, the Agency shall be charged with all reasonable costs of recovery, including transportation. The Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 28 of 31 Agency shall take reasonable steps to protect and preserve any property of the County that is in the possession of the Agency pending return to the County. 4. Remedies a. If the County terminates any Contract for lack of performance, the County may withhold a sum from the final payment to the Agency that the County determines is necessary to protect the County against loss or additional liability. The County shall be entitled to all remedies available at law, in equity, or under this Agreement. b. The Agency shall be entitled to all remedies available at law, in equity, or under this Agreement if either: (i) The County terminated a Contract for lack of performance and it is later determined that the Agency was not at default for lack of performance; or (ii) If the Agency terminated a Contract for lack of County performance. XLIII. SEVERABILITY A. The provisions of this Agreement are severable. If any part, term, or provision of this Agreement or any Contract is determined to be invalid, the remaining provisions shall not be affected thereby, and the rights and obligations of the parties shall be construed and enforced as if this Agreement or any Contract did not contain the particular provision held to be invalid. B. If it should appear that any part, term, or provision is in conflict with any constitutional or statutory provision of the State of Washington, the part, term, or provision shall be deemed modified to conform to such constitutional or statutory provision. XLIV. CONTRACT CLOSE-OUT PROCEDURES A. The Agency shall submit within thirty (30) calendar days after the date of expiration of any Contract all financial, performance, and other reports required by the Contract and, in addition, shall cooperate in a program or other audit by the County or its designee if the County determines that a program or other audit is necessary. B. If a financial audit of any Contract is conducted, the County retains the right to withhold a just and reasonable sum from the final payment to the Agency after fully considering the results of the final audit. XLV. LOBBYING AND CERTIFICATION A. The requirements of 31 U.S.C. § 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," and related subsections of the Code of Federal Regulations implemented for funding authorities, apply to federal contracts, grants and cooperative agreements exceeding $100,000 in total costs (see 45 CFR § 93.110(a)(1)), and loans exceeding $150,000 (see 45 CFR § 93.110(a)(2)). B. No federal funds awarded under any Contract may be used to provide assistance in connection with any election or any voter registration activity. No federal funds may Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 29 of 31 be used for working for or against ballot measures, or for or against the candidacy of any person for public office. C. The Agency certifies to the best of its knowledge and belief that no federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence an officer or employee of a federal agency or a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have or will be paid for the purposes stated above, the Agency must file a disclosure form in accordance with 45 CFR § 93.110. D. The Agency shall include a clause in all Subcontracts restricting Subagencies from lobbying in accordance with this section and requiring Subagencies to certify and disclose accordingly. XLVI. VENUE STIPULATION This Agreement and any Contract has been and shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be Snohomish County. XLVII. NOTICES A. Unless otherwise directed in writing, notices, reports, and payments to the County shall be delivered to the following address: Administrative Services Division Snohomish County Human Services Department 3000 Rockefeller Avenue, M/S 305 Everett, WA 98201 B. Unless otherwise directed in writing, notices, reports, and payments to the Agency shall be delivered to the following address: City of Arlington 238 N. Olympic Avenue Arlington, WA 98223 C. Notices mailed by the County shall be deemed given on the date mailed. Notices received by the County shall be deemed given on the date received. Either party may change its address for receipt of reports, notices, or payments by giving the other written notice of not less than fifteen (15) calendar days prior to the effective date. XLVIII. ACCEPTABLE FORM OF SIGNATURE Both parties agree handwritten signatures executed to electronic records shall be considered equivalent to handwritten signatures executed on paper. Scanned copies of signed contract documents will be considered original signatures, unless specified in a Contract that an original signature is required. Contract documents include, but are not Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 30 of 31 limited to, contracts, amendments, certifications, budget revision forms, invoices, and reports. XLIX. SIGNATURE AUTHORIZATION FORMS The Agency shall submit a Signature Authorization Form annually and upon request from the County. The Signature Authorization Form shall require original signatures and shall reflect the authorized signatory(ies) of the Agency for applications, contracts, amendments, and monthly expenditures reports and requests for reimbursement. The Signature Authorization Form shall also designate the email address for the authorized recipient(s) of contracts and amendments from the County. Changes to signature authority of the Agency shall require that an updated Signature Authorization Form be submitted to the County. L. SURVIVABILITY The terms and conditions contained in this Agreement which by their sense and context are intended to survive the expiration or termination of the Agreement or a Contract shall survive. Surviving terms include, but are not limited to: Confidentiality, Disputes, Inspection, Maintenance of Records, Ownership of Material, Responsibility, Termination for Lack of Performance, Termination Procedure, and Treatment of Assets. LI. ENTIRE AGREEMENT These provisions represent the entire and integrated Basic Terms and Conditions of the parties and may not be modified or amended except as provided herein. LII. ORDER OF PRECEDENCE In the event of an inconsistency between the terms of this Agreement and any Contract, the conflict shall be resolved by giving precedence to the Specific Terms and Conditions of the Contract. LIII. WAIVER Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Agreement or any Contract into which it is incorporated unless amended as set forth in Section XLII, Changes and Modifications. LIV. EFFECTIVE DATE AND EFFECTIVENESS OF THIS AGREEMENT This Agreement becomes effective only upon incorporation by reference into a Contract between the County and the Agency. Prior Basic Terms and Conditions between the parties incorporated by reference into contracts existing prior to the execution of these Basic Terms and Conditions shall remain in effect as to those contracts. To that extent, prior Basic Terms and Conditions shall not be superseded by these Basic Terms and Conditions. Basic Terms and Conditions Agreement City of Arlington HSD-2015-119-216 Page 31 of 31 SNOHOMISH COUNTY: AGENCY: By: __________________________________ By: _____________________________ Mary Jane Brell Vujovic, Director (Date) Signature (Date) Human Services Department _____________________________ Title Reviewed and approved per memorandum dated 1/2/2015: PA File No. HS-14-019G Deputy Prosecuting Attorney Reviewed and approved By Keith Mitchell, County Risk Manager as of January 2015 City of Arlington Council Agenda Bill Item: NB #1 Attachment E COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Amend AMC 13.12 rescinding the scheduled 2016 CPI increase to the water, sewer, and storm utility rates. ATTACHMENTS: DRAFT Ordinance 2015-XXX DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Amend Arlington Municipal Code (AMC) 13.12 allowing the City to defer implementation of the 2106 mandatory water, sewer, and storm utility rate increases. HISTORY: AMC 13.12.040 mandates that the water, sewer, and storm utility rates be increased annually by the October reported percentage increase of the Consumer Price index (CPI) for the Seattle-Tacoma-Bremerton area. Staff has reviewed the current Utility budget forecast and has determined that the mandatory CPI increase is not necessary for 2016. ALTERNATIVES - Do not approve the amendment to AMC 13.12.040 - Table for further discussion RECOMMENDED MOTION: I move to approve the proposed Ordinance rescinding the scheduled 2016 CPI increase to the water, sewer, and storm utility rates. ORDINANCE 2016-XXX 1 CITY OF ARLINGTON ORDINANCE NO. 2016-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON DEFERRING RESCINDING CERTAIN INCREASES TO CITY UTILITY RATES AND CHARGES WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington continues to examine equitable rates for water, sewer and stormwater service; and WHEREAS, the City’s utility rates contain a CPI adjustment factor which the City Council wishes to defer rescind for 2016; and WHEREAS, the City wishes to defer rescind the planned utility rate increases for 201420152016; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. The two prefatory subparagraphs of Arlington Municipal Code section 13.12.040 shall be and hereby are amended to read as follows: 13.12.040 Water rates and charges. State and city utility taxes are included in the following rates and charges for water service. The water charges shall include a base charge by meter size, and a consumption rate, as set forth below. Beginning on January 15, 2011, the rates set forth for the year 2010 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2012 to January 14, 2017; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 2. Arlington Municipal Code section 13.12.040(4)(B) shall be and hereby is amended to read as follows: (B) The usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be ORDINANCE 2016-XXX 2 made for the period from January 15, 2012 to January 14, 2017, and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 3. Arlington Municipal Code section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 - Residential and other sewer rates and charges. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following four-year plan will be based on the city's billing cycle for use beginning on June 1, 2010, and January 15th of each year thereafter: Monthly charge (sewer) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-2016 RATE Base rate per residential unit $57.45 $ 62.80 $ 68.15 $ 70.15 $70.15 Beginning on January 15, 2017, the rates set forth for the year 2016 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 4. Arlington Municipal Code section 13.12.140(a) and (b) shall be and hereby are amended to read as follows: 13.12.140 Commercial classification and sewer rates and charges. a. All sanitary sewerage users consisting of any public or private premises not classified under Section 13.12.110 or classified as an industrial user under Section 13.12.150 shall be classified as commercial and charged upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following five-year plan will be based on the city's billing cycle for use beginning on June 1, 2010 and January 15th of each year thereafter. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. ORDINANCE 2016-XXX 3 Monthly charge (sewer) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-2016 RATE Base rate (includes 300 cubic feet per month) $57.45 $62.80 $68.15 $70.15 $70.15 Volume rate (per 100 cubic feet per month) $5.95 $6.50 $7.05 $7.25 $7.25 b. Beginning on January 15, 2017, and on January 15th each year thereafter the rates set forth for the year 2016 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 5. Arlington Municipal Code section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 - Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and 13.36 of this code, shall be as follows: (1) All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the public works director) monitored for the industrial user and the flow recorded in the monitoring manhole or water use. (2) A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: ORDINANCE 2016-XXX 4 (A) For an industrial user with waste strength less than two hundred fifty mg/l, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, 13.36 of this title, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-2016 RATE Waste strength <250 mg/l $352.00 $384.00 $417.00 $429.00 $429.00 (B) For an industrial user with waste strength in excess of two hundred fifty mg/l for two months or more per year, the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-2016 RATE Waste strength >250 mg/l $1,406.00 $1,536.00 $1,666.00 $1,715.00 $1,715.00 (C) Beginning January 15, 2017, and each January 15th thereafter, the charges set forth in Subsections (1) (A) and (1) (B) of this section, shall be increased annually, by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (3) Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (A) Flow based charge per cubic foot of wastewater discharged; (B) BOD charge per pound of BOD discharged; and (C) TSS charge per pound of TSS discharged, pursuant to the following table: ORDINANCE 2016-XXX 5 Sewer charge (monthly) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-2016 RATE Flow-based charge (per cubic foot) $0.01681 $0.01837 $0.01993 $0.02051 $0.02051 BOD charge (per pound BOD) $0.529 $0.578 $0.627 $0.645 $0.645 TSS charge (per pound TSS) $0.354 $0.386 $0.419 $0.431 $0.431 (D) Beginning January 15, 2017, and each January 15th thereafter, the charges set forth in subsections (c) of this section, shall be increased annually, by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle- Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (4) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36 of the Arlington Municipal Code). Strength of wastewater discharged shall be established based upon twenty-four-hour composite samples made by the city at the control manhole and tested by the city's wastewater treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (5) Appeal. (A) If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the public works director for review of the user's flow of wastewater. If the public works director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (B) If the public works director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. ORDINANCE 2016-XXX 6 Section 6. Arlington Municipal Code section 13.12.540 shall be and hereby is amended to read as follows: 13.12.540 - Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2) Beginning on January 15, 2017, the rates set forth for the year 2016 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that no annual increase shall exceed two percent; and provided further, that notwithstanding any reduction in the CPI, rates shall not decrease. Stormwater charges (monthly) 2011 RATE 2012 RATE 2013 RATE 2014-2016 RATE Base rate per ESU 4.75 5.82 $6.89 $6.89 (3) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 8. Effective Date. The title of this ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication, provided, however, that the amended rates shall be effective on January 15, 2016. ORDINANCE 2016-XXX 7 PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF _____________, 2016 CITY OF ARLINGTON By___________________________________ 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 #2 Attachment F COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Stillaguamish Tribe Dedication of Right-of-Way (ROW) ATTACHMENTS: - Right-of-Way Dedication Document - Vicinity Map - SR-531 and 59th Avenue Roundabout (DRAFT) DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: DESCRIPTION: Dedication of future ROW at the SW corner of the 172nd St/59th Ave intersection to the City of Arlington by the Stillaguamish Tribe of Indians. HISTORY: The Stillaguamish Tribe of Indians recently purchased property located at the southwest corner of the 172nd St (SR-531) and 59th Ave intersection. The Tribe is aware of the community’s need to widen SR-531 and wants to donate the necessary ROW to the City of Arlington for the future expansion of the very critical project. ALTERNATIVES - Remand to staff for further consideration - Do not accept the ROW Dedication RECOMMENDED MOTION: I move to accept the right-of-way dedication from the Stillaguamish Tribe of Indians for the future expansion of SR-531. RIGHT OF WAY EASEMENT 1 AFTER RECORDING, RETURN TO: CITY OF ARLINGTON DEVELOPMENT SERVICES 18204 59th Avenue NE Arlington, WA 98223 OUR FILE NO. ___________ RIGHT OF WAY EASEMENT GRANTOR(S): The Stillaguamish Tribe of Indians GRANTEE(S): Public LEGAL (Abbrev.): Ptn. NE ¼ of NW ¼ of Sec. 27, T. 31 N., R. 5 E., W.M. ASSESSOR'S TAX #: 31052700201300 REFERENCE #: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned GRANTOR(S), the Stillaguamish Tribe of Indians, a federally recognized Indian Tribe, grant(s) and convey(s) to the CITY OF ARLINGTON, a municipal corporation of the state of Washington, for use of the public forever for public street right-of-way purposes, including operations and maintenance thereof , all interest in the following described real property situated in the City of Arlington, Snohomish County, Washington, TO WIT: See attached Exhibit “”A” TOGETHER WITH the right to make and maintain slopes for cuts or fills upon the property adjacent to that specifically described, in order that the street or streets may be graded to the proposed grade level in a reasonable and proper manner. RIGHT OF WAY EASEMENT 2 DATED this _____ day of ____________, 201 6. GRANTOR: THE STILLAGUAMISH TRIBE OF INDIANS By:___________________________ STATE OF WASHINGTON) ) ss: COUNTY OF SNOHOMISH) On this _____ day of ______________, 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _____________________________, to me known to be the _____________ of the Stillaguamish Tribe of Indians, a federally recognized Indian tribe , who executed the foregoing instrument and acknowledged the said instrument to be their free and voluntary act of said tribe, for the uses and purposes herein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. _________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ______________ My commission expires: ______________ Printed name: ______________________ 0 125 25062.5 Fe et SR531 Right of Way Needs and Parcel Locations±City of Arlington Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express orimplied, including but not lim ited to warranties of suitability for a particular purpose or use. M apdata are compiled from a variety of sources which may contain errors and users who rely upon theinformation do so at their own risk. Users agree to indemnify, defend, and hold harmless the City ofArlington for any and all liability of any nature arising out of or resulting from the lack of accuracy orcorrectness of the data, or the use of the data presented in the maps. Scale:SR531TribalParcels_8x11_15 12/14/2015 akc 1 inch = 1 75 fe et Legend Parcel A (Lot 2).91 acres(approx.) Parcel B(Lot 1)5.8 acres (appox.)Parcel B-1(easement) 172ND ST NE 59TH AVE NE Parcel A (Lot 2) Easements Parcel B (Lot 1) Lots Draft City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Planning Commission Appointment ATTACHMENTS: Application for Boards & Commissions DEPARTMENT OF ORIGIN Community & Economic Development – Chris Young EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Two applicants were interviewed on 2/2/16 to fill one vacant Planning Commission position. The interviews were held prior to a regularly scheduled PC Meeting so that the applicants had the opportunity to stay for the meeting. The interview panel, which consisted of PC Members and Staff, recommend the appointment of Christiana Jurca to the Planning Commission. HISTORY: A vacancy occurred due to the resignation of commission member Craig Chase, who had to resign due to his relocation outside the City of Arlington. Mr. Chase had served as a Commission Member since 2009. The appointment will be to fill the unexpired term of Mr. Chase until April 1, 2021. Once this vacant position is filled the Planning Commission will be at full strength with a 7-member Board. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to confirm the appointment of Christiana Jurca to the Planning Commission. hristiana Jurca 7939 200th St. NE Apt 45 Arlington, WA 98223 3609266871 3606187807 christiana.jurca@gmail,com ✔ 01/01/2016 (Attach page for additional space) I cur r ently wor k at Cascade Valley Hospital as an Adm inistr ative Cler k under a tem por ar y position, and amlooking for an oppor tunity to ser ve m y com m unity by doing what I enjoy m ost, planning. I believe that I ama gr eat candidate because I wor k ver y well under pr essur e, m eet deadlines, stay or ganized all whilekeeping a positive attitude. I appr eciate the oppor tunity to be inter viewed and look for war d to hear ing fr om the City of Ar lington. T hank you, Lodging T ax applicants m ust attach a letter of suppor t fr om the or ganization they ar e r epr esenting. City of Arlington Council Agenda Bill Item: NB #4 Attachment H COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Resolution Rejecting all Fire Department Loose Equipment Bids and Authorizing Rebidding ATTACHMENTS: Draft Resolution DEPARTMENT OF ORIGIN: Administration EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Proposal to reject all bids from the Fire Truck Loose Equipment Request For Proposals as non-responsive. HISTORY: On January 22, 2016 the City received and opened three bids in response to the Request for Proposals for Fire Truck Loose Equipment. All three bids were determined to be non-responsive due to incomplete submissions. Council is being asked to approve a resolution to reject all bids and authorize staff to re-bid the project. ALTERNATIVES RECOMMENDED MOTION: I move to approve the resolution to reject all bids received for Fire Truck Loose Equipment, and authorize staff to rebid the same. 1 RESOLUTION NO. 2016-XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON REJECTING ALL BIDS RECEIVED FOR FIRE TRUCK LOOSE EQUIPMENT AND AUTHORIZING THE SAME TO BE RE-BID WHEREAS, the City of Arlington solicited requests for proposals for fire truck loose equipment (hereinafter the “Project”); and WHEREAS, no fully responsive bids were received, and the Council wishes to reject all bids and rebid the project; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council hereby rejects all bids submitted for the Project; and 2. City staff is authorized and directed to prepare new bid specifications for the Project and to re-bid the Project once new specifications are prepared. APPROVED by the Mayor and City Council of the City of Arlington this ______ 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 I COUNCIL MEETING DATE: February 16, 2016 SUBJECT: Collective Bargaining Agreement between the City of Arlington and the Arlington City Employees (ACE) Local #2849 of the Washington State Council of County and City Employees, Council 2, AFSCME for 2015-2017 ATTACHMENTS: Final Draft of the Collective Bargaining Agreement as ratified by ACE Local #2849 DEPARTMENT OF ORIGIN Administration; Contact Kristin Banfield 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to approve the Collective Bargaining Agreement between the City of Arlington and the Arlington City Employees (ACE) Local #2849 for 2015-2017 and authorize the Mayor to sign it. ACE Local #2849 ratified the agreement on February 2, 2016. HISTORY: The prior collective bargaining agreement covering the period from January 1- December 31, 2014. The two parties have been negotiating on a successor agreement since October 2014. ALTERNATIVES RECOMMENDED MOTION: I move to approve the Collective Bargaining Agreement between the City of Arlington and the Arlington City Employees (ACE) Local #2849 of the Washington State Council of County and City Employees, Council 2, AFSCME for 2015-2017. COLLECTIVE BARGAINING AGREEMENT by and between THE CITY OF ARLINGTON and ARLINGTON CITY EMPLOYEES, LOCAL 2849 OF THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, COUNCIL 2, AFSCME January 1, 2014 2015 through December 31, 20142017 Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 1 Table of Contents PREAMBLE ..................................................................................................................................................... 3 ARTICLE 1 ‐ WARRANT OF AUTHORITY ......................................................................................................... 3 ARTICLE 2 ‐ UNION RECOGNITION ................................................................................................................ 3 ARTICLE 3 ‐ UNION SECURITY ........................................................................................................................ 3 ARTICLE 4 – MANAGEMENT RIGHTS ............................................................................................................. 4 ARTICLE 5 ‐ UNION RIGHTS ........................................................................................................................... 5 ARTICLE 6 ‐ HOURS OF WORK ................................................................................................................. 5556 ARTICLE 7 ‐ STATUS OF EMPLOYEES ............................................................................................................. 9 ARTICLE 8 ‐ PAID HOLIDAYS .......................................................................................................................... 9 ARTICLE 9 – VACATIONS ...................................................................................................................... 111110 ARTICLE 10 ‐ SICK LEAVE ............................................................................................................................. 12 ARTICLE 11 – BEREAVEMENT LEAVE ............................................................................................... 14141314 ARTICLE 12 – JURY DUTY ............................................................................................................................. 14 ARTICLE 13 – LEAVES OF ABSENCE ............................................................................................................. 14 ARTICLE 14 ‐ LIGHT DUTY ............................................................................................................................ 15 ARTICLE 15 – FAMILY AND MEDICAL LEAVE ................................................................................... 16161516 ARTICLE 16 – CLASSIFICATION AND WAGE ADMINISTRATION ................................................................... 16 ARTICLE 17 ‐ SENIORITY, LAYOFF, RECALL .................................................................................................. 20 ARTICLE 18 ‐ PROBATION PERIODS, TRIAL SERVICE ........................................................................ 21212122 ARTICLE 19 – LABOR MANAGEMENT COMMITTEE..................................................................................... 22 ARTICLE 20 ‐ DISCIPLINE AND TERMINATION ............................................................................................. 22 ARTICLE 21 – GRIEVANCE PROCEDURE ........................................................................................... 23232223 ARTICLE 22 ‐ WAGES AND LONGEVITY........................................................................................................ 25 ARTICLE 23 – HEALTH AND WELFARE INSURANCE ..................................................................................... 26 ARTICLE 24 – DRUG TESTING .......................................................................................................... 29292928 ARTICLE 25 – CLOTHING / APPEARANCE ........................................................................................ 29292928 ARTICLE 26 – VOLUNTEERS ............................................................................................................. 30303029 ARTICLE 27 – NO STRIKES OR LOCK‐OUTS ...................................................................................... 30303029 ARTICLE 28 – SAVINGS CLAUSE ................................................................................................................... 30 Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 2 ARTICLE 29 – ENTIRE AGREEMENT ................................................................................................. 31313130 ARTICLE 30 ‐ TERM OF AGREEMENT ............................................................................................... 31313130 Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 3 PREAMBLE This Agreement is made and entered into between the City of Arlington, referred to as the City and the Washington State Council of County and City Employees, affiliated with the American Federation of State, County and Municipal Employees, AFL‐CIO, hereinafter referred to as the Union. All items shall be binding for both the City and the Union. ARTICLE 1 - WARRANT OF AUTHORITY The officials executing this Agreement on behalf of the City and the Union are acting under the authority of R.C.W. 41.56 to collectively bargain on behalf of the organizations which they represent. ARTICLE 2 - UNION RECOGNITION The City recognizes the Washington State Council of County and City Employees, AFSCME, AFL‐CIO as the exclusive representative for all full time and regular part‐time Employees of the City of Arlington, excluding supervisors, confidential employees, firefighters, police officers, and casual employees as defined in PERC DECISION 11258‐PECB. ARTICLE 3 - UNION SECURITY Section 1. Current Employees. Subject to the provisions of the following paragraphs, it shall be a condition of employment that all employees of the City covered by this Agreement shall become and remain members of the Union in good standing within 30 days after the signing of this agreement. Section 2. New Hired Employees. It shall also be a condition of employment that all new employees hired after the effective date of this Agreement and covered by its provisions shall, not later than the 30th calendar day following their employment, become and remain members in good standing in the Union during the term of this agreement. Section 3. Religious Objection. If an employee for bona fide religious tenets or teachings of a church or religious body, as per R.C.W. 41.56.122(1), does not desire to be a member of the Union, one of the following shall apply: A.) Pay each month a service charge equivalent to regular union dues to the Union. B.) Pay an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which such public employee would otherwise pay the dues and initiation fee. Section 4. Deduction of Union Dues. Upon receipt of written authorization of the employee, the City shall deduct all dues and fees once each month, from all members and transfer that amount to the Union Treasurer. The Employee shall submit such written authorization to the payroll department of the City. The Union shall indemnify the City and hold the City harmless from any and all claims against the City arising out of administration of this Article including the amounts of Union dues deducted and withheld from earnings. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 4 ARTICLE 4 – MANAGEMENT RIGHTS Section 1. All the functions, rights, powers, and authority that are not specifically abridged, delegated, or modified by this Agreement are recognized by the Union as being retained by the City. These rights include, but are not limited to the following: A.) To determine its mission, policies that do not conflict with this Agreement, and to establish all standards of service offered to the public. B.) To maintain efficiency and to make, alter, and enforce reasonable rules and regulations to be observed by employees, provided such rules and regulations are not contrary to the terms and conditions set forth in this Agreement C.) To direct, hire, promote, demote, and transfer employees. D.) To suspend, discipline or dismiss employees for just cause. E.) To evaluate jobs, classify positions, establish qualifying requirements of employees and specify employee duties. F.) To manage and operate the service in all respects and without restricting the generality of the foregoing, to determine the number and location of establishments, the services to be rendered, the methods, the work procedures, the kinds and locations of instruments and equipment to be used; to select, control, and direct the use of all materials required in the operation of services to be provided and performed; to schedule work; to schedule hours of work; to make, alter, and enforce regulations governing the use of materials, equipment, and services as may be deemed necessary by the City, provided that such regulations are not contrary to the terms of this Agreement. G.) To prepare and/or revise the City Policies and Procedures. H.) To enforce said Policies, subject to the grievance procedure contained herein. I.) To contract out for goods and services subject to the provisions of RCW 41.56 and State Law. J.) To take any and all actions necessary in an emergency. Section 2. The City Council shall have the sole authority to determine the purpose and policies of the City and the amount of budget to be adopted thereto. Section 3. Any conflict between the provisions of this Agreement and the City of Arlington Civil Service Rules and Regulations or City Policies and Procedures shall be resolved as follows: A.) To the extent the Agreement does not address a matter and Civil Service or the City Policies and Procedures do, then Civil Service or the City Policies and Procedures shall prevail; and Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 5 B.) To the extent the Agreement addresses a matter and Civil Service or the City Policies and Procedures also do so, the Agreement shall prevail. C.) The parties agree that any new Rules and Regulations and policies or procedures that are mandatory subjects of bargaining will be negotiated prior to their change or implementation. Section 4. It is the intention of the City and the Union that the rights, powers, authority and functions of management shall remain exclusively vested in the City, except insofar as expressly and specifically surrendered or limited by the express provisions of the Agreement. ARTICLE 5 - UNION RIGHTS Section 1. Union Business. Recognizing that Labor/Management relations are of significant importance to the City and the Union, reasonable time off with pay from normal working hours shall be granted to official Union Representatives for handling grievances, attending meetings or other legitimate Union business subject to reasonable notice and the agreement of the supervisor. Official Union representatives shall not transact Union business while working on shift which in any way interferes with the operation or normal routine of the City. The Union shall be afforded the same ability to utilize City facilities as other bargaining units within the City for the purpose of holding Union meetings and communicating with members. Section 2. Bulletin Board - The City shall provide suitable space for a Union furnished bulletin board on its premises in an area frequented by all employees within the bargaining unit. The Union shall limit its posting of notices and bulletins to such bulletin boards. Section 3. No more than three (3) official Union representatives shall be granted leave from duty without loss of pay for meetings between the Union and the City for the purposes of negotiating the terms of a collective bargaining agreement. Section 4. The Union agrees to provide the City with an updated list of official Union representatives with fourteen (14) calendar days of any election or change. Section 5. Upon the written request of the Union, the City agrees to provide a list of employees filling positions (including promotions and reclassifications) within the bargaining unit for which such information is requested, within fourteen (14) calendar days of receipt of the written request. The Union will be notified of any changes to a bargaining unit employee’s status of employment within fourteen (14) calendar days i.e. promotions, demotions, separation of employment, layoffs, or reclassifications. Section 6. The City agrees to allow Official Union Representatives to use the City’s email system on a limited basis for the purpose of communicating meeting reminder notifications to the membership or to communicate directly with the City on an issue of importance to the membership. ARTICLE 6 - HOURS OF WORK Section 1. Hours of Work. A.) The normal full‐time workday shall consist of eight (8) hours, excluding the normal unpaid lunch period. The normal full‐time work week shall consist of forty (40) hours in five (5) consecutive Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 6 days. The normal work week begins at 12:01 AM on Sunday and ends at 12:00 midnight the following Saturday. Time actually worked, sick leave and legal holidays, shall be considered as compensable hours. With a supervisor’s approval, vacation can be considered as compensable hours. B.) FLSA‐exempt salaried employees are generally expected to observe regular business hours, which are currently 8 a.m. to 5 p.m., Monday through Friday. At times the responsibilities of their position may require that they work more than regular business hours. 1) Although FLSA‐exempt employees are not entitled to overtime compensation, compensatory time will be earned under approved circumstances. 2) FLSA‐exempt employees shall earn one (1) hour of compensatory time for each hour worked in excess of forty‐eight (48) hours actually worked in a workweek, up to a maximum of eight (8) hours of compensatory time. 3) Compensatory time off may be scheduled only with supervisory approval. 4) FLSA‐exempt employees required by a supervisor to work on a legal holiday shall earn one and one‐half (1.5) hours of compensatory time for each hour worked on the legal holiday in addition to their normal salary. Section 2. Changes in Normal Work Week / Hours. A,) Should it be necessary in the interest of efficient operations to establish schedules departing from the normal work week/hours, the City will give written notice of such change to the Union as far in advance as it is reasonably practical, but in no case less than ten (10) calendar days. B,) Department Directors may approve requests from employees for alternative work schedules. Alternative work schedules include but are not limited to: modified shift start and end times; 9/80 schedules; and 4/10 schedules. Section 3. Rest Periods. Full‐time employees shall receive a maximum of two (2) fifteen (15) minute paid rest/relief periods in each day’s work schedule. Rest periods should occur approximately midway during each of the first and second half of the work day, scheduled so that service to the public will not be impaired. With supervisory approval, such rest/relief periods may be added to the normal lunch period but not taken at the end of a work day. A series of short “intermittent breaks”, small breaks of a few minutes each that total 15 minutes every four hours, are permissible if the nature of the employee’s work allows for such intermittent breaks. An employee who misses a rest/relief break shall notify a supervisor as soon as possible. Section 4. Overtime Pay. FLSA non‐exempt employees shall be paid one and one‐half (1½) times their Standard Hourly Rate of pay (including any additional wage premiums if required by the FLSA) for all authorized hours worked in excess of forty (40) hours in any work week. Work on a Saturday or Sunday, shall not be considered overtime when it is a regularly scheduled work day for the employee. Section 5. Compensatory‐time. The employee may request to take compensatory time off at one and one‐half (1½) times the actual hours worked in lieu of overtime pay. Such time off will be scheduled with the approval of the employee’s supervisor and shall not create an overtime event for other employees. In the event that the compensatory time cannot be scheduled, the employee shall be paid for the overtime Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 7 as specified above. Employees may accrue up to a maximum of forty (40) hours of comp‐time. Any hours in excess of forty (40) hours shall be paid in accordance with Section 4 of this Article. Section 6. FLSA Exempt Status. Employees occupying FLSA exempt positions are not eligible for overtime compensation. New positions added to the classification grid will be evaluated to determine the FLSA status. Exempt employees may be allowed to flex their schedule to accommodate a requirement to attend meetings outside of their regular work hours, special projects and emergency situations, with the approval of the employee’s supervisor. Section 7. On‐call. A.) On‐Call Assignments. On‐Call positions shall be staffed every day of the year for the following departments: Water Department: One On‐Call person for water treatment plant and one for water distribution system operations and emergencies. Wastewater Department: One On‐Call person for water reclamation plant and sewer collection system operations and emergencies. M&O Department: One On‐Call person for operations and emergencies involving City transportation system (Streets), City parks, storm system, Arlington Cemetery, and Arlington Municipal Airport. Other departments may invoke temporary assignment of an On‐Call position to meet emergency or unexpected work necessary to ensure public safety and continuity of operations. In the event an employee is required to be on call to operate the Water Treatment Plant or Wastewater Treatment Plant and operate on call as field staff in the Water Distribution System or Wastewater Collections System, the employee shall be compensated a minimum of two (2) hours at one and one half (1½) times the employees’ Standard Hourly Rate of pay per day. B.) Schedule. The director or designee of each department shall, prepare and post for employees an on‐call schedule specifying the date, hours of on‐call status and employee name on a quarterly calendar basis. The on‐call schedule for subsequent quarters shall be posted not less than one (1) calendar month prior to the effective date of the new schedule. Department employees may trade assigned on‐call shifts with other employees in that department with prior approval of the director or their designee. Such trades shall not be for less than a complete on‐call shift, (i.e. each weekday or a full weekend day). In the event of a personal emergency that precludes the on‐call employee’s ability to report to work for On‐Call duties or to respond to emergency after hour calls for service, the employee must notify the director or designee to ensure the City’s ability to respond to emergencies. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 8 C.) Hours. Regular working hours are 7:30 AM through 4:00 PM each day. This schedule applies to weekdays, weekends and holidays. The normal hours are staffed through a rotating schedule established annually. Regular seasonal working hours are 6:30 AM through 3:00 PM or as scheduled by the director or designee as needed. Weekday on‐call hours shall be from 4:00 PM to 7:30 AM. Weekend on call hours shall be from 4:00 PM on Friday through 7:30 AM Monday. D.) Procedure. The employee who is on‐call shall follow the department on‐call procedures, including utilizing any specialized vehicle and carrying any equipment or electronic devices required for the performance of the specified on‐call services. E.) Compensation. Employees on‐call are compensated for remaining available to respond to emergencies, carrying and monitoring a phone, computer, and/or pager, and remaining alcohol and substance free during the on‐call period. Employees scheduled for on‐call duty shall be compensated for On‐Call pay a minimum of one (1) hour at one and one half (1½) times the employee’s Standard Hourly Rate of pay for each full day served on the on‐call status, or a minimum of two (2) hours at one and one half (1½) times the employee’s Standard Hourly Rate of pay for each full day served on a holiday. Holidays for purposes of this section are the City‐observed date. A phone call or computer contact that requires the employee to respond between5 p.m. and 5 a.m. but that does not cause the employee to leave their location shall be deemed a “Call‐ In” and be compensated at the rate of half (½) an hour paid at one and one half (1½) times the employee’s Standard Hourly Rate of pay. . Additional phone calls or computer contacts that require the employee to respond between 5 p.m. and 5 a.m. shall be considered a new “Call‐In.” This would include answering and addressing any on‐call phones, computers or pagers during the on‐call period and be considered additional work performed on the City’s behalf and be compensated separately from the on‐call pay. A phone call or computer contact received while on‐call that causes the employee to leave their location and respond shall be deemed a “Call‐Out” at 2 hours paid at one and one half (1½) times the employee’s Standard Hourly Rate of pay. Any work performed during the two (2) hours shall be considered as already compensated. On‐Call duty will be listed on the time sheet separate from regular hours worked, under the title of On‐Call Duty. Call‐Ins and Call‐Outs must be substantiated with a copy of the Alarm Record and required action taken. In the event an on‐call employee is required to respond and report to an operational emergency or declared emergency situation, the employee, or any other employee needed to assist in the emergency situation, shall be compensated a minimum two (2) hours at one and one half (1½) times the employees’ Standard Hourly Rate of pay, or the actual duration of the emergency, whichever is greater. Such time shall be calculated on a portal to portal Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 9 basis (i.e. from home to the emergency scene to home), and will be listed under overtime on the employee’s time sheet. Section 8. Callback. Non‐exempt employees who are ineligible for pay under Article 6 section 7(E) will receive Callback as follows: when the employee is required by the employee’s supervisor or Department Head to report to work onsite without advance notice and during the employee’s non‐working hours, the employee will be compensated a minimum of two hours at the overtime rate. No more than one callback will be paid for the same two‐hour period. ARTICLE 7 - STATUS OF EMPLOYEES Section 1. Full‐time Employees. A full‐time employee is defined as working a minimum of forty (40) hours per week year round. Section 2. Part‐time Employees. A part‐time employee is defined as an employee working between twenty (20) and forty (40) hours per week year round. The City acknowledges that the Union is the exclusive bargaining representative for regular part‐time employees performing bargaining unit work. The parties agree to bargain which benefits and other contract terms apply to part‐time employees and to include those terms and conditions as an appendix to this Agreement. Section 23. Temporary Employees. A temporary employee is any employee hired to work for a defined and/or limited period of time in a full‐time or part‐time position and/or for seasonal work, and is not anticipated to work more than one thousand two hundred (1,200) hours per year. The City and the Union recognize that the City has a current system in place that utilizes temporary employees to assist in maintaining city facilities and infrastructure. Section 4. Interns. When interns are utilized, the City will notify the Union of their job duties, work location and duration prior to their arrival. Section 35. Benefit Eligibility. Full‐time employees will be eligible to participate in the City’s group insurance plans and all other benefit programs for which they meet the eligibility requirements. ARTICLE 8 - PAID HOLIDAYS Section 1. Holidays. The following are the paid legal holidays. A maximum of eight (8) hours pay shall be paid for each holiday. New Year’s Day First day of January Martin Luther King’s Birthday Third Monday of January President’s Day Third Monday of February Memorial Day Last Monday of May Independence Day Fourth day of July Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 10 Labor Day First Monday of September Veterans Day Eleventh day of November Thanksgiving Day Fourth Thursday of November The Day after Thanksgiving Fourth Friday of November Christmas Day December 25 Two Floating Holidays December 24, 2014 A.) Full‐time employees shall be eligible for paid holidays in accordance with this article. New employees shall be eligible to earn floating holidays after completing four (4) months of continuous, full‐time employment. The two (2) floating holidays will be taken at the employee’s choice with the approval of their supervisor. A new employee hired between January 1 and June 30 shall be eligible to earn two (2) floating holidays in their first continuous year of employment. A new employee hired after July 1 shall be eligible to earn one (1) floating holiday. When a holiday occurs on a Saturday, the holiday will be observed on the preceding Friday. When the holiday occurs on a Sunday, the holiday shall be observed on the following Monday. When an employee’s regularly scheduled day off is the day the holiday is observed, the employee shall schedule and take another day off by the end of the next pay period. B.) Employees not scheduled to work on a holiday and not on call but called in to work a holiday because of business needs shall be paid two (2) times their Standard Hourly Rate of pay for all hours worked1. Employees who have worked more than forty (40) hours in a week that are required to work a holiday because of business needs will be paid two and one half (2½) times their Standard Hourly Rate of pay for all hours worked in excess of forty (40) hours. Holidays which occur during vacation, sick leave or while on other paid leave status shall not be charged against such leave. C.) Employees, with prior approval of their Supervisor, may observe religious holidays as an approved absence without pay, or as time charged to vacation accrued for use during the year or by utilizing a personal holiday. 1 Holiday pay (straight time) plus regular rate of pay for hours worked (straight time) = 2 times the regular rate of pay. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 11 ARTICLE 9 – VACATIONS Section 1. Leave Accrual/Eligibility. Regular full‐time employees shall be eligible to accrue vacation leave with reference to the following: A regular full‐time employee will have an accrual schedule as shown in the table which is a part of this section. For the purposes of calculating completed months of service for vacation leave accrual rates, the employee’s regular weekly work schedule includes regular hours worked, paid holidays, vacations, sick leave and bereavement leave, and excludes overtime hours and unpaid leave of absence periods. New employees shall accrue vacation benefits from the date of employment for use following completion of six (6) months of continuous employment. Vacation Leave Accrual Schedule Completed Months of Continuou Service Monthly Vacation Accrual (Hours Annual Accrual (Hours) 0‐24 months 8 hours 96 hours 25‐48 months 10 hours 120 hours 49‐72 months 12 hours 144 hours 73‐96 months 14 hours 168 hours 97‐120 months 16 hours 192 hours 121‐180 months 18 hours 216 hours 181+ months 20 hours 240 hours All employees shall remain at their current accrual rates until they are eligible to move to the next step. Section 2. Vacation Leave—Maximum Accrual. An employee’s accrued unused vacation leave may accumulate up to a maximum of three hundred (300) hours. Section 3. Scheduling A.) Employees may schedule vacation time with the approval of their supervisor. B.) Vacation will be available for use only after it has been earned and credited to an employee’s vacation leave account. C.) Scheduling conflicts will be resolved using the following criteria: timeliness of request; length of continuous employment; and reasonable rotation of popular vacation times. Once vacation time has been approved by the employee’s supervisor, no bumping by seniority shall occur. D.) Vacation cannot be scheduled or taken so as to cause an overtime event. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 12 Section 4. Upon Separation of employment from the City. An eligible employee with at least six (6) months of continuous employment will be paid their accrued and unused vacation time. In no event shall the employee vacation and sick leave pay‐out exceed two hundred and forty (240) hours combined, as per RCW 41.50.150. Section 5. Transfers and Layoffs. Any employee transferring from one department to another, or rehired within eighteen (18) months after a layoff, shall accrue vacation leave benefits based upon the total time of active employment with the City. During the eighteen (18) month laid off period employees will retain their length of continuous service and accrued sick leave, if any sick leave remains in the employee’s account. ARTICLE 10 - SICK LEAVE Section 1. Sick Leave Policy for Full‐Time Employees. A.) Sick leave is defined as a specific period of time that an employee is absent from work due to a personal illness, accident or disability, or that of an immediate family member who has a medical condition that requires treatment or the employee’s presence for care. B.) The term “immediate family” is normally defined as the spouse, son, daughter, parent, grandparents, parent‐in‐law of the employee, or any person residing with or legally dependent upon the employee. Section 2. Sick Leave Accrual. A.) Eligible full‐time employees shall accrue sick leave benefits at the rate of eight (8) hours per completed calendar month of continuous employment for use following one (1) month’s continuous employment. B.) Employees may accrue unused sick leave as specified in A of this Section provided however, no employee shall carry a balance of greater than twelve hundred (1,200) hours. C.) Sick leave will be available for use only after it has been earned and credited to an employee’s sick leave account. D.) In no event shall an employee be allowed to take more sick leave than is available in the employee’s sick leave account. Section 3. Reporting and Use of Accrued Sick Leave. A.) It is the responsibility of employees to notify the City in the event of any absence immediately following the start of each workday. Failure to notify may result in the loss of sick leave pay for the day, unless such failure is due to the incapacitation of the employee, at which point the employee will notify the city as soon as possible. B.) Accrued paid sick leave benefits shall be granted when the employee is required to be absent from work for the Employee’s personal illness, injury, accident or disability, or that of a member of the employee’s immediate family, including the following conditions; Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 13 a. Injury or illness of the employee. For a State Industrial Insurance claim sick leave can be utilized to supplement the L&I payments as allowed by state law. b. Disability of the employee or employees spouse or child due to pregnancy, childbirth, and associated periods of recovery. c. Medical, dental, or optical care of the employee or immediate family member. d. Injury or illness of a son or daughter or any legal dependent of the employee requiring the employee’s presence in accordance with local, state or federal laws. e. Any approved medically necessary treatment program. f. Sick leave shall not be charged against an employee on a regularly scheduled day off. C.) In the event that the employee is absent for a condition listed in B. above, and has exhausted all accrued sick leave, the following shall be applied: 1) Earned but unused compensatory time; followed by 2) Earned but unused vacation time: followed by 3) Earned but unused floating holidays; followed by 4) Shared leave as identified in Section 6. 5) Leave of absence without pay, which may result in a review of the employee’s attendance record. In the event that the employee incurs a personal illness, injury, accident or disability, or that of a member of the immediate family, while the employee is on scheduled vacation leave, the employee may cease utilizing vacation leave and convert to the use of accrued sick leave. Such conversion from vacation to sick leave shall normally require a physician’s certification. Section 4. Separation from Employment. The maximum amount of unused sick leave to be paid to the employee upon separation of employment from the City will be one‐third (1/3) of the employee’s accrued and unused sick leave. In no event shall the employee’s combined sick leave and vacation cash‐out exceed two hundred forty (240) hours, as per RCW 41.50.150. Section 5. Administrative provisions. A.) The City may require a physician’s statement for absences of four or more days or if there is a noticeable pattern of alleged abuse such as continuous use of sick leave in conjunction with vacations, holidays or weekends. B.) Sick leave use is computed up to the nearest one‐half (½) hour and for the approved payable absence period up to the regularly scheduled hours of work for the day(s) absent. C.) Employees on leave of absence are not eligible to accrue sick leave benefits. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 14 D.) Employees may use other paid time off to care for sick family members as defined in this article or for their own absence due to personal illness, accident or disability. Section 6. Shared Leave. Shared leave shall be in accordance with the most current adopted city policies and procedures. ARTICLE 11 – BEREAVEMENT LEAVE Bereavement leave shall be in accordance with the most current adopted city policies and procedures. ARTICLE 12 – JURY DUTY Section 1. Jury and Court Duty. An employee shall be granted leave with pay while required to perform jury service. A.) During the period of such absence, employees will receive their regular wages, minus the amount received as jury duty or witness fees excluding mileage or other expenses paid by the Court, and the employee shall submit a copy of their jury duty warrant to the payroll department. B.) An employee who is released from jury or witness service during his/her regular shift, the employee shall call his/her City for instructions. C.) When employees receive notice of jury duty they shall notify their City within three (3) calendar days of receipt of the notice. ARTICLE 13 – LEAVES OF ABSENCE Section 1. Adjustments. Accruals for vacation and sick leave will not take place while an employee is on an unpaid leave of absence. In addition, employees on an unpaid leave of absence are not eligible for holiday pay. Unpaid leaves of absence of ninety (90) or more calendar days will cause the employee’s continuous service to be adjusted equal to the duration of the unpaid leave beyond ninety (90) calendar days. The employee’s step adjustment date will be adjusted equal to the duration of the unpaid leave beyond ninety (90) calendar days. Any unpaid leave beyond 90 days will be evaluated on a case by case basis. Section 2. Personal Leave of Absence. A personal leave of absence may be granted in conjunction with an Employee’s vacation period where valid reasons exist and with the approval of the City. Requests must be submitted at least thirty (30) calendar days in advance (except in emergency situations). Consideration of the Employee’s request for a personal leave of absence shall include the reason(s) for requesting the leave, the length of time desired, the work load involved and the need for a replacement employee. An approved personal leave of absence shall not exceed ninety (90) calendar days. Accrued vacation time must be used in conjunction with an approved personal leave of absence. A personal leave of absence is not to be used as a substitute for resignation or to enable an employee to perform comparable work elsewhere. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 15 Section 3. Employee Status and benefits during leave While an employee is on leave, the City will continue the employee's “group health plan” during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control, the City will require the employee to reimburse the City the amount it paid for the employee's health insurance premium during the leave period. While on paid leave, the City will continue to make payroll deductions to collect the employee's share of the premium. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The payment must be received in the Finance Department by the twenty fifth (25th) day of each month for the following month’s coverage. If the payment is more than thirty (30) calendar days late, the employee's health care coverage may be dropped for the duration of the leave. The City will provide fifteen (15) calendar days' notification prior to the employee's loss of coverage. If the employee contributes to a life insurance or disability plan, the City will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee may request continuation of such benefits and pay his or her portion of the premiums, or the City may elect to maintain such benefits during the leave and pay the employee's share of the premium payments. If the employee does not continue these payments, the City may discontinue coverage during the leave. If the City maintains coverage, the City may recover the costs incurred for paying the employee's share of any premiums, whether or not the employee returns to work. ARTICLE 14 - LIGHT DUTY Section 1. Light Duty. An employee who is injured and is subsequently unable to perform his/her normal duties shall be assigned to light duty, within reason, if the city has a business need for such work and upon examination of the employee’s own physician. The City reserves the right, at its own expense, to have the employee examined by a City appointed physician. An employee’s salary while on light duty shall be at the employee’s Standard Hourly Rate of pay for the hours worked and will be available as needed by the City. There is no guarantee that light duty will be available, nor is there any guarantee of how many hours might be available for the employee to work. The employee’s heath care provider will be required to approve the job description of the light duty assignment prior to the employee commencing work, and must provide written authorization for the employee to perform the specific duties of the light duty assignment. The position of light duty shall not exceed a period of thirty (30) calendar days and may be extended by an additional thirty (30) calendar days at the discretion of the Department Director or designee. If the illness or injury requires additional time off, the Director or designee may extend the light duty period, if there are sufficient and compatible duties to be performed. A light duty assignment may last, but not exceed sixty (60) calendar days total. If the employee cannot return to their normal duties after sixty (60) calendar days, the employee must use accumulated vacation, sick leave, compensatory time, floating holidays, and unpaid leave; or apply for leave of absence; or be subject to dismissal. Light duty after sixty (60) calendar days may be considered on a case by case basis. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 16 Light duty work shall be performed during normal administrative hours. Other work schedules may be arranged by mutual agreement between the employee and City. ARTICLE 15 – FAMILY AND MEDICAL LEAVE Section 1. Family and Medical Leave (FMLA) will be made available to qualified employees in accordance with current City policy and pursuant to current state and federal laws. Section 2. At the employee’s choice, he/she may opt to retain a maximum of forty (40) hours of vacation and forty (40) hours of sick leave on the books. ARTICLE 16 – CLASSIFICATION AND WAGE ADMINISTRATION Section 1. Employees will be classified and paid in accordance with the applicable wages defined in Appendix A to this Agreement. Section 2. Rates of Pay. No employee shall be paid at a rate of pay less than the minimum nor more than the maximum established for the position to which they are assigned as set forth in the pay plan. All pay rates in the pay plan are based upon full‐time employment at the normal working hours for the position. For purposes of pay administration, full‐time employment is defined as work consisting of forty (40) hours per week. Section 3. Starting Rate Upon Initial Employment. New employees shall be appointed at a step in the appropriate pay range. A notice will be sent to the Union for any new employee who is appointed to step C or higher. Section 4. Pay Rate Upon Promotion. A promotion is a change to a higher compensated classification. An employee who is promoted shall be paid at the step in the new pay range which represents at least a two (2) step increase over the rate of pay received immediately prior to the promotion or at the minimum step of the new pay range, whichever is greater, provided that such increase does not exceed the maximum step of the new pay range. Employees shall serve a trial service period of six (6) months. At any time during the trial service period the City may revert the employee back to his/her previous position and pay or the employee may decide to revert to his/her previous position and pay. Section 5. Pay Rate Upon Demotion. A demotion is a movement to a lower compensated classification. The resulting pay step shall not be higher than the maximum nor lower than the equivalent step of the lower pay range. (I.E. Step C to Step C) Section 6. Pay Rate Upon Voluntary Demotion. An employee who takes a voluntary demotion will be placed at a step in the new range that most closely matches his/her current salary. Section 7. Pay Rate Upon Demotion From Promotion. An employee who is demoted from trial service following promotion shall receive the same step in the lower pay range as held before promotion, provided that adjustments shall be made to take into account any step increases which would have occurred had the employee not been promoted. Section 8. Pay Rate Upon Transfer. An employee who transfers from one position to another within the same class, or from a position in one class to a position in a different class that is assigned to the same pay range, shall continue to receive the same rate of pay as before the transfer. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 17 Section 9. Calculating Hourly Wage. For the purposes of calculating the hourly rate of pay for employees who are paid on the basis of a monthly salary, hourly wages shall be determined by the following formula: 2080 . Annual salary is calculated by the following formula: & 12. The above formula is used to calculate the Standard Hourly Rate for determining sick leave cash‐out, and vacation leave cash‐out. Section 10. Advancement Within A Pay Range. Employees will receive a step increase based upon completion of one (1) year of continuous employment at the current step in the pay range, unless the employee receives a “BELOW NORMALSATISFACTORY” rating in the “OVERALL EFFECTIVENESSRATING” category in their annual performance appraisal. If he/she receives a “below normalsatisfactory” rating the City shall re‐evaluate the employee every three (3) months for the purpose of improving the evaluation to the normal range. Upon successful improvement of the evaluation rating, the employee would then move to the next step. Any increase in an employee’s rate of pay shall be effective on the first day of the month following completion of one (1) year of employment and annually thereafter except as otherwise provided in this Agreement. If the city fails to provide the employee with his/her annual performance appraisal within the month of hire or promotion date, he/she will automatically be moved to the next step. Section 11. Adjustments to the Anniversary Date (Step Adjustment Date). The anniversary date for a step increase for an employee shall be adjusted under the following circumstances: A.) Upon promotion or disciplinary demotion, the existing anniversary date shall be eliminated and the first day of the month following such promotion or demotion shall be used to calculate the new anniversary date; B.) When an employee is demoted from trial service following promotion, the anniversary date held prior to such promotion shall be reestablished; C.) For purposes of seniority within a classification, when an employee returns from layoff and is re‐employed in the same classification as originally held, he/she shall retain their original anniversary date; D.) When an employee returns from layoff during the recall period and is reemployed in a classification other than that originally held, he/she shall retain their original anniversary date. Section 12. Pay Rate Upon Reinstatement Or Rehire. A person who is recalled from layoff within eighteen (18) months and is reinstated into the same position shall receive the same step in the pay range as held prior to the break in service. Section 13. Out of Class Pay. When an employee is required to work at a higher level classification for a period of four (4) hours or more within a workday, he/she shall receive the pay step in the higher classification that results in at least a two (2) step increase in pay for hours worked in the higher classification. In order for the employee to receive out of class pay, the employee must receive authorization for out of class pay from the Department Director or designee. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 18 Section 14. Job Posting and Selection Process. Whenever the City determines to fill a vacant bargaining unit position, including new bargaining unit positions, the City will distribute the announcement in advance giving notice of the vacancy to Union Stewards for postingall employees via email in accordance with the following procedures. All vacancies shall be posted. The City shall post the job internally for two (2) consecutive business days prior to external posting. Any City bargaining unit employee may apply for the vacant position. All bargaining unit employees who apply and meet the minimum qualifications shall be interviewed and considered prior to externally interviewing for the position. Civil Service positions will be filled according to Civil Service Rules. Selection Process A.) The filing of vacancies will be done in an objective, fair and impartial manner. The City will determine the procedures which may include written, practical and oral examinations. Selection criteria will bear a direct relationship to job performance and constitute bona fide occupational qualifications necessary to properly and efficiently function in the position. All applicants will receive the same selection criteria and be informed of the results. B.) Process Review. In the event that a bargaining unit applicant is not selected, that employee may request, and shall be given his or her broken down score and placement, if applicable, or reasons for denial. Section 15. Classification Changes.2 A.) Policy. It is the intent of the City and the Union to provide current and accurate classification (position) descriptions, and to insure that all employees are working within the classification for which they were hired. Department Directors are responsible for assuring that the employee in their department is working within his/her proper classification, and that the employee’s actual job functions match their job descriptions. Employees are responsible for notifying their Department Director when they believe that they are working outside of their assigned job classification. The City Human Resources Department will insure that revisions of classification descriptions will be made as often as is necessary to maintain current and accurate position descriptions. Not all revisions to descriptions result in change of classification of employees. A change in classification is required when there are significant changes to the duties and responsibilities of a classification, and is not used to address an increase/decrease in volume of work, or for the exclusive purpose of providing a salary increase. B.) Procedure for Evaluating Classifications. 1. An employee will submit a written request to the Department Director and Human Resources for a reclassification of their position, using the criteria in subsection C below. 2. Human Resources will conduct a job analysis to determine whether the request is a significantly different level of duties and responsibilities from the original classification description. Human Resources will then make a recommendation, within thirty (30) calendar days, to the Department Director, and to the City Administrator and Mayor if 2 The Union does not waive its rights to grieve Section 15 of this article. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 19 necessary, for approval. If approved, the employee who submitted the request will be notified within seven (7) calendar days and an incumbent employee will be moved to the changed classification, effective the following pay period. The Mayor’s decision is final. 3. The employee and Department Director, (or designee), will review the employee’s job description as a part of the annual evaluation process. Any significant changes to the duties and responsibilities of the job will be addressed through a reclassification process; or 4. Prior to recruiting for any vacant position, the Department Director, (or designee), will review the job description and address any significant changes to the duties and responsibilities of the job through a reclassification process prior to advertising for the position, and notify the Union of the proposed changes; or 5. Periodically a Department Director may find the need to significantly change an employee’s job duties and responsibilities. The Department Director will initiate a request for an analysis of a classification change by submitting a written request to the Human Resources Department. A job analysis is conducted to determine whether the request is a significantly different level of duties and responsibilities from the original classification description. Human Resources will then make a recommendation to the Department Director, and to the City Administrator and Mayor if necessary, for approval. If approved, an incumbent employee will be moved to the changed classification. The Mayor’s decision is final. Human Resources will provide the employee and the union with the approved classifications changes. C.) Evaluation Criteria. The following criteria are examples used in evaluating reclassification requests: 1. Changed duties that may result from additions, expansions, or reductions of responsibilities. 2. Changed qualifications, required education and training, and/or required licenses or certifications for the position. 3. Consolidation or reassignment of duties which significantly change the position. 4. Significant change in knowledge/expertise to address technology that is required to perform the duties of the classification. 5. The Department's present and future organizational structure and service delivery needs that have an adverse impact on the employee’s job description and classification. 6. When an employee’s workload increases in a significant manner that has an impact on the ability to complete their job functions, the employee will notify his/her supervisor and a meeting will be scheduled within fifteen (15) calendar days, with the City, employee and the Union to address the excessive work load issues. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 20 D.) Salary Change for Changed Classifications. 1. Upon change of classification to a position at a higher salary range, the employee will be placed at a step which is at least one step higher than that which is currently paid the employee, but not less than Step 1 of the new range. If reclassification is concurrent with an employee's performance appraisal increase, then a salary increase for a performance related action would also be made. 2. In the event an evaluation shows that a classification needs to be placed at a lower salary range, the incumbent will be placed at a step that most closely matches his/her current salary rate. If the step in the new range is lower than the incumbent's current salary rate, the rate will be frozen (unaffected by cost‐of‐living increases or step increases) until the newly assigned rate moves up to the incumbent's range. 3. If the analysis finds that the reclassification is warranted, but the City does not approve the reclassification, the City shall remove the duties of the higher classification, including from the job description, in lieu of approving the reclassification, provided that the employee will be compensated for the higher level work performed to date. 3. Section 16. Tuition Reimbursement. Tuition reimbursement will be offered in accordance with City of Arlington Tuition Reimbursement Policy 3‐8. ARTICLE 17 - SENIORITY, LAYOFF, RECALL Section 1. Seniority List. A seniority list shall be adopted by reference to this Agreement. Such seniority list shall be by classification seniority and date of hire. Section 2. Seniority Defined. Seniority shall be established as the date of hire to a full‐time position within the bargaining unit. Seniority shall not accrue while on a leave without pay in excess of ninety (90) days in accordance with Article 12, section 1, unless the leave is a result of a federal or state legally protected leave. Seniority shall be based on continuous service with the City. A break in continuous service shall be defined as separation of employment, or the expiration of the eighteen (18) month recall period upon layoff. Section 3. Layoffs. A layoff is defined as the anticipated and on‐going reduction in the number of full‐time equivalent (FTE) positions within a job classification covered by this agreement. Layoffs may result from lack of work, budgetary restrictions, or reorganizations that have taken place. No bargaining unit employee shall be laid off while another person in the same classification is employed on a probationary or temporary basis in a position for which the bargaining unit employee is qualified. Section 4. Notice. The union shall be notified of all proposed layoffs as far in advance as possible to allow time for negotiations as they relate to the bargaining unit impacts (i.e. seniority and bumping issues etc.) and possible alternatives to layoffs. Once the layoffs and possible bumping scenarios are determined the affected employee(s) shall be given a minimum of thirty (30) calendar day’s written notice. The employee shall inform the City within seven Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 21 (7) calendar days of receipt of the layoff notice of their intention to exercise their bumping rights, if available. Section 5. Order of Layoff. Layoffs shall first be by classification seniority within the selected department and classification. In the event of a tie in classification seniority, the date of hire seniority shall prevail. Section 6. Bumping. Laid off employees, including bumped employees, shall have the option to first bump less senior employees in their current classification within their department, and then less senior employees in lower classifications within their department that the employee has previously held. Employees may bump less senior employees in other departments within their current classification or a lower level classification if they have previously held the classification and are qualified to do the work or can do the work with skills that could be obtained through a short orientation and/or training period. Employees bumping into lower level classifications must possess more seniority working in that previous classification than the person they intend to bump. Section 7. Special Qualifications. The City may layoff out of the order set forth within Section 5 upon presentation of evidence the operating needs of the department require a special qualification, training, or skill, provided: A.) The special qualification, training, or skill could not be easily obtained through a short orientation or familiarization period; and B.) A more senior employee who possesses the special qualification, training, or skill is not denied a bump to a position occupied by a less senior employee. Section 8. Recall. An employee who has been laid‐off shall be entitled to recall rights for a period of eighteen (18) months from the effective date of layoff. Employees on the recall list shall be notified if a vacancy occurs in any position within the bargaining unit. The vacancy shall be filled in accordance with seniority among the qualified employees on the recall list. If the employee on the recall list elects not to accept two (2) offers to return to work in the former or comparable position or fails to respond within ten (10) calendar days of the offer of recall, they shall be removed from the recall list and considered to have resigned. Section 9. Payout of Accrued Benefits. An employee who has been laid off will be entitled to receive one hundred percent (100%) payout on all accrued compensatory time. Vacation and sick leave shall be paid out in accordance with Articles 9 and 10 of this agreement. ARTICLE 18 - PROBATION PERIODS, TRIAL SERVICE Section 1. Purpose. Probationary and trial service periods are working test periods and shall be an integral part of the examination process and shall be utilized as an opportunity to observe an employee's work, to train and aid the employee in adjustment to his/her position, and to reject any employee whose work performance fails to meet required work standards. Section 2. Duration. All new (or initial) employment, promotional appointments of employees shall be tentative and subject to a probationary or trial service period which starts upon the effective date of an appointment. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 22 A probationary period shall be required for all initial appointments to City employment and where required by this Agreement and shall be six (6) months in duration. An employee may be terminated at any time during the probationary period without recourse to the grievance procedure. A trial service period shall be required following a promotion and shall be six (6) months in duration. Section 3. Trial Service Period ‐ Promotions, Demotions and Transfers. All promotions, demotions and transfers shall be subject to a six (6) month probationary period. In the event a promoted or transferred employee is found to be unsatisfactory following a performance evaluation after six (6) months, the employee shall be restored to his/her previous position. If a demoted employee fails to pass the probationary period, and the demotion was voluntary, the employee will be restored to his/her previous position. For the purposes of this Section; A.) Promotions shall be defined as movement from one position covered by this Agreement to another position covered by this Agreement with a higher salary range; B.) Transfer shall be defined as movement from one position covered by this Agreement to another position covered by this Agreement in the same salary range; and demotion shall be defined as movement from one position covered by this Agreement to another position covered by this Agreement with a lower salary range. In the event an employee is on leave for more than fourteen (14) calendar days during a probationary or trial service period, the completion date may be extended by an amount of time equal to the period of leave. ARTICLE 19 – LABOR MANAGEMENT COMMITTEE The City and the Union have established an Executive Board Committee which will meet periodically during the term of this Agreement to discuss matters of mutual concern. The Committee will meet at the request of either party. The Committee shall consist of not more than three (3) representatives from the City and three (3) official Union representatives. The party calling for the meeting shall forward a copy of the agenda at least one (1) week in advance of the meeting. ARTICLE 20 - DISCIPLINE AND TERMINATION Section 1. Employee Discipline. The City shall not discipline or discharge any post probationary employee without just cause. For the purposes of this section, verbal coaching/counseling sessions between a supervisor/manager and employee that are informal and intended to improve or modify work performance are not classified as pre‐disciplinary or disciplinary proceedings. Section 2. Disciplinary Action. Disciplinary action or measures may include written reprimand, suspension, reduction in step, demotion discharge, or other disciplinary measures. The City agrees that disciplinary action is intended to be progressive in nature; however, the City may advance to more serious disciplinary action, up to and including termination, if warranted by the violation. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 23 ARTICLE 21 – GRIEVANCE PROCEDURE Section 1. Intent. It is the desire of the City and the Union to resolve grievances that may arise during the term of this Agreement informally and at the lowest level possible. A "grievance" means a claim or dispute by an employee (or the Union in the case of Union rights) with respect to the interpretation or application of the provisions of this Agreement. Corrective action below a written reprimand is not subject to the grievance procedure. Section 2. Procedure. STEP 1: An employee must present a grievance in writing within fifteen (15) calendar days of the date the employee knew or should have known of the occurrence to the employee's supervisor, with a copy to the Union, who shall attempt to resolve it and respond in writing within fifteen (15) calendar days after it is presented. STEP 2: If the employee is not satisfied with the solution by the immediate supervisor, the grievance, in writing, may be presented within fifteen (15) calendar days of the supervisor's response to the Department Director by an official Union representative. The written grievance shall include a statement of the issue, a chronological listing of the pertinent events that took place, the section of the Agreement violated and the remedy sought. Such information shall be submitted on an official Grievance Form, which shall be provided by the Union. The Department Director shall attempt to resolve the grievance and respond in writing within fifteen (15) calendar days after it has been presented. Alternatively, by mutual agreement of the Union and the City, non‐disciplinary grievances may be submitted to the Labor Management Committee for resolution. The Labor Management Committee will consider the statements of the employee and the City and attempt to resolve the matter within fifteen (15) calendar days of submittal. The Committee’s role is limited to facilitating dispute resolution; it may not compel settlement and no record of the Committee is admissible in arbitration. If the employee is not satisfied with the solution of the Committee, the grievance may then be filed, in writing, within fifteen (15) calendar days, with the Department Director. STEP 3: If the Union is not satisfied with the solution by the Department Director, the grievance may be presented within fifteen (15) calendar days to the City Administrator. The City Administrator shall attempt to resolve and respond in writing to the grievance within fifteen (15) calendar days after it is presented. STEP 4: If the Union is not satisfied with the solution by the City Administrator, the grievance may be presented within fifteen (15) calendar days to the Mayor. The Mayor shall attempt to resolve and respond in writing to the grievance within fifteen (15) calendar days after it is presented. STEP 5: If the grievance is not resolved by the Mayor within fifteen (15) calendar days, the grievance may be referred to a mediator. The City and the Union shall attempt to select a mediator by mutual agreement. In the event the parties are unable to agree upon a mediator, either party may request the Public Employment Relations Commission (PERC) or Federal Mediation & Conciliation Service (FMCS) to submit a panel of nine (9) mediators. The City and Union shall alternately strike names of mediators until one mediator’s name is left who shall be mediator. The order of striking names shall be determined by the flip of a coin. The mediator shall be notified of his/her selection by a joint letter from the City and the Union requesting that he/she set a time and a place subject to the availability of the City and Union representatives. Upon designation of the Mediator, the parties will make every attempt to schedule a date for mediation within fifteen (15) calendar days. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 24 A.) Proceedings before the Mediator shall be confidential and informal in nature. No transcript or other official record of the mediation conference shall be made. B.) The Mediator shall attempt to ensure that all necessary facts and considerations are revealed. The Mediator shall have the authority to meet jointly and/or separately with the parties and gather such evidence as deemed necessary. C.) The Mediator shall not have the authority to compel resolution of the grievance. If the Mediator is successful in obtaining agreement between the parties, he shall reduce the grievance settlement to writing. Said settlement shall not constitute a precedent unless both parties so agree. D.) If mediation fails to settle the dispute, the Mediator may not serve as an arbitrator in the same matter, nor appear as a witness for either party. Nothing said or done in mediation may be referred to or introduced into evidence at any subsequent arbitration hearing. STEP 6: Arbitration Procedure. If the grievance is not settled in accordance with the foregoing procedure, the Union or City may refer the grievance to arbitration within fifteen (15) calendar days after the receipt of the answer in Step 5. If the request for arbitration is not filed by the official Union representative or the City within fifteen (15) calendar days, the Union or the City waives its right to pursue the grievance through the arbitration procedure. The City and the Union shall attempt to select a sole arbitrator by mutual agreement. In the event the parties are unable to agree upon an arbitrator, either party may request the Public Employment Relations Commission (PERC) or Federal Mediation & Conciliation Service (FMCS) to submit a panel of nine (9) arbitrators. The City and Union shall alternately strike names of arbitrators until one arbitrator's name is left who shall be arbitrator. The order of striking names shall be determined by the flip of a coin. The arbitrator shall be notified of his/her selection by a joint letter from the City and the Union requesting that he/she set a time and a place subject to the availability of the City and Union representatives. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this agreement. He/she shall consider and decide only the specific issue submitted to him/her in writing by the City and the Union, and shall have no authority to make a decision on any other issue not submitted to him/her. The arbitrator shall submit his/her decision in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be final and binding. Section 3. Miscellaneous Provisions. A.) The cost of the mediation and/or arbitration shall be borne equally by the parties including the Mediator and/or Arbitrator's fees and expenses, room rental and cost of record. B.) Each party shall bear the cost of the preparation and presentation of its own case and for compensating its own representatives and witnesses. C.) The term "employee" as used in this Article shall mean an individual employee, a group of employees, and/or their official Union representative. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 25 D.) An aggrieved party shall be granted time off without loss of pay for the purpose of attending the hearing on a grievance. E.) A grievance may be entertained in, or advanced to, any step in the grievance procedure if the parties so jointly agree. F.) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties. G.) Any grievance shall be considered settled at the completion of any step if the employee is satisfied or deemed withdrawn if the matter is not appealed within the prescribed period of time. Section 4. Nothing herein shall prevent an employee from seeking assistance of the Union, or the Union from furnishing such assistance at any stage of the grievance procedure. Section 5. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the effective date of this Agreement. Section 6. Any grievance filed on behalf of a group of employees or a class action grievance shall be reviewed, approved and submitted by an official Union representative prior to such filing, and shall be signed by the Local Union President. ARTICLE 22 - WAGES AND LONGEVITY Section 1. Appendix A. The wage schedule for employees in the Bargaining unit shall be as set forth in the appropriate appendix attached hereto. Section 2. Longevity Pay. Employees hired on or after May 20, 2013 shall receive longevity pay based on the following schedule. Starting with the 11th year of service: 2% Starting with the 16th year of service: 3 % Starting with the 21st year of service: 4% Longevity shall be calculated from the employee’s base monthly salary and added to the base monthly salary. Employees hired prior to May 20, 2013 are eligible for an additional step of longevity as follows: Starting with the 6th year of service 1% Section 3. Wages. 2015 3.5% cost of living adjustment (COLA), effective July 1, 2015. 2016 1.6% cost of living adjustment (COLA), effective January 1, 2016. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 26 2017 The parties agree to reopen this Agreement to bargain the following issues: cost of living (COLA), salaries, salary ranges and steps, longevity, and any other compensation items studied in the salary survey. The following provisions apply to the 2017 reopener:Cost of Living Adjustment (COLA) is 0% for 2014. A.) The City will conduct a salary survey in 2016 after updated job descriptions have been finalized, including any mandatory bargaining. B.) The parties will negotiate the 2017 reopener after the salary survey is finalized. C.) The parties agree on a target completion date of 60 calendar days to conclude negotiations on the reopener. D.) Any COLA that is negotiated for 2017 will be effective January 1, 2017, provided that any retroactive COLA pay for 2017 will be calculated using the individual employee’s “Salary” as stated on the employee’s pay stubs for the applicable period. E.) Any other negotiated compensation items such as ranges, steps, longevity, and any other items will be effective as negotiated by the parties. ARTICLE 23 – HEALTH AND WELFARE INSURANCE Section 1. Medical Insurance. The City shall provide a medical insurance plan covering sickness and injuries for full‐time employees and their dependents. The city shall provide medical coverage to employees covered by this agreement in the form of a choice between Association of Washington Cities (AWC) HealthFirst 250, or materially similar plan, and optional group coverage under (1) AWC’s Group Health $10 co‐pay plan in 2016 and 2017; and (2) AWC’s Group Health $20 co‐pay plan effective January 1, 2018. The City will also make available effective January 1, 2017, the AWC Regence High Deductible Health Plan (HDHP) with Health Savings Account (HSA). HSA contributions are subject to IRS rules and any applicable limits under the federal Affordable Care Act. The City will make the following HSA contributions to employees enrolled on the HDHP: Employee Only $900 per year All other tiers 50% of the savings to the City as compared to the applicable Group Health co‐pay plan. For example, if the City’s 90% portion of the Group Health plan premium is $1,000 and the HDHP premium is $500, the City will pay the full HDHP premium and will deposit $250 into the employee’s HSA. On a one‐time basis in 2017, the City’s HSA contribution will be frontloaded in January 2017. An employee who receives the frontloaded HSA but separates from the City during 2017 will reimburse the City for a prorated portion through a deduction from the employee’s final wages. An employee who joins the City in 2017 after the month of January will receive a front‐loaded, prorated HSA contribution. After 2017, the City’s HSA contributions will be paid monthly. The City and the employee shall continue to share the cost of the monthly premiums as follows: Regence HealthFirst 250: Eighty percent (80%) paid by City, and twenty percent (20%) paid by the employee. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 27 Group Health $10 Co‐pay Plan or Group Health $20 Co‐pay Plan: Ninety percent (90%) paid by City and ten percent (10%) paid by the employee. Regence High Deductible Health Plan: One hundred percent (100%) paid by City. Section 2. Dental. The City shall provide a group dental insurance program for full‐time employees and their dependents. The City will provide WDS Dental Plan F, or a materially similar plan, for full‐time employees and their dependents. The City shall pay ninety (90%) of the monthly premium and the employee shall pay (10%) of the monthly premium. Section 3. Vision. The City currently provides employees and their eligible family members an opportunity to enroll in vision coverage with Vision Service Plan. The City shall pay one hundred percent (100%) of the monthly premium. Section 4. Group Life Insurance and Accidental Death and Dismemberment Insurance (AD&D). The City shall pay one hundred percent (100%) for the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan Section 5. Group Long Term Disability. The City shall pay one hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Long Term Disability Insurance Plan. Section 6. Healthcare “Opt Out” / Dual Coverage Incentive Program. The City will allow all bargaining unit members to participate in the Dual Coverage program. A.) The program is available to bargaining unit members and members with a spouse or domestic partner and/or eligible dependents who are eligible for both a City of Arlington medical insurance plan and another continuous, comprehensive medical insurance plan. The program is also available to bargaining unit members that are husband and wife or domestic partners who have coverage on the City of Arlington medical insurance plan. Nothing in this program prohibits bargaining unit members from enrolling new family members in the City’s insurance programs. All program participants must sign a waiver that certifies that they, their spouse, and/or dependents have other medical coverage and acknowledge the conditions for re‐enrollment on the medical and/or dental plan, and provide evidence of such coverage. Employees who enroll in the Dual Coverage Medical Insurance Incentive Program will need to enroll in the HRA/VEBA program. B.) Under the City of Arlington’s program, bargaining unit members may be voluntarily eligible to decline medical insurance coverage for themselves or their eligible family members and receive a monthly financial incentive for doing so. C.) The City must remain in compliance with AWC Employee Benefit Trust requirements and underwriting rules for all insurance programs at all times. If the City reaches the threshold for enrollment in any program, bargaining unit members and/or eligible family members will no longer be able to waive coverage. This is done on a first‐come, first‐serve basis. D.) This program is limited to the waiver of medical coverage only. Employees electing to decline dental insurance benefits only will not receive an incentive. Employees’ vision and life Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 28 insurance benefits, and eligible dependents vision insurance, will remain in effect in compliance with AWC Employee Benefit Trust requirements and underwriting rules. E.) Employees will only receive the incentive if the employee, their spouse or domestic partner and/or dependents decline medical insurance benefits. F.) Re‐enrollment on the City’s medical and dental plans is available: a. During the annual open enrollment period each year with coverage effective date of January 1 the following year. b. Mid‐year if the employee or eligible dependent experience a COBRA qualifying event or lose their other medical coverage provided there has been no break in coverage between the end of the other insurance coverage and enrolling onto the City medical and/or dental plan. c. Proof of loss of the other continuous, comprehensive medical and dental coverage is required for mid‐year re‐enrollment. G.) Enrollment in the Dual Coverage Incentive Program will remain in effect until the bargaining unit member exercises re‐enrollment privileges outlined above, or the bargaining unit member, the member’s spouse and/or dependents are no longer eligible for City of Arlington medical coverage under any circumstance. H.) Incentive payments will only be made if there is an actual savings in the premiums the City is paying. For example, if a bargaining unit member has three children on the City of Arlington medical coverage and they drop one child, there is no change in the premium. Therefore, the employee would not be eligible for incentive pay. I.) The maximum incentive amount per month is $300. The maximum incentive amount per year is $3,600. Incentive amounts are payable monthly into the bargaining unit member’s VEBA account, unless the member is enrolled in a High Deductible Health Plan, in which case the incentive will be contributed to the employee’s Health Savings Account in accordance with IRS requirements. J.) Dual Coverage Medical Insurance Incentive Pay Schedule: Category Employee Incentive Per Month Employee Incentive Per Year Employee $100.00 $1200.00 Spouse $100.00 $1200.00 Additional Dependent $ 50.00 $ 600.00 Additional Dependent $ 50.00 $ 600.00 Section 7. The City retains the right to change the carrier or funding mechanisms for any or all of the above insurance coverage, provided benefits are not reduced during the term of this Agreement. Should the City Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 29 wish to consider benefit trade‐offs for an overall improvement to the health benefit plans, the City will negotiate with the Union regarding the trade‐off provisions. Section 8. Deferred Compensation Plan. The Employee shall have the option of participating in any deferred compensation plan offered by the Washington State Department of Retirement Systems. Employees may defer a portion of their taxable income, into a retirement savings plan that is subject to federal rules and regulations governing deferral limits, tax liability and restrictions on withdrawals. ARTICLE 24 – DRUG TESTING Section 1. Omnibus Transportation Employees Test Act ‐ Policy Statement. The provisions of this Section are intended to comply with the Omnibus Transportation Employees Testing Act of 1991 (the Act) and relevant Department of Transportation regulations. The parties agree that the workplace should be free from the risks posed by the use of alcohol and controlled substances in order to protect the safety of employees and the public. The unlawful manufacture, distribution, possession or use of a controlled substance is prohibited in the workplace. The parties further recognize that the abuse of alcohol and controlled substances is a treatable illness and the City will make reasonable efforts to provide assistance to employees in need of help. An employee assistance program (EAP) is available to employees with personal problems, including those associated with alcohol or controlled substances use. The City and the Union will aid such employees who request assistance with such problems. The City and the Union will encourage the employee to seek professional assistance where necessary. ARTICLE 25 – CLOTHING / APPEARANCE Section 1. Employees are expected to maintain a clean and professional appearance. Protective clothing required by the City will be provided by the City. The City may provide uniform pants, shirts, coats, or specialized safety clothing (boots, reflective coats) for bargaining unit employees. Uniform pieces may be rented and cleaned by the City or purchased by the City and cleaned by the employee depending on the department/division assigned. Administration of this Article is contingent upon the Oversight Committee policies governing uniforms/safety clothing for each department division effected. A.) Employees that are issued uniforms are expected to wear their complete uniforms during assigned work hours and wear them in accordance with City policies. B.) All uniform items shall be distributed through a quartermaster system to be developed by the City and reviewed by AFSCME through the Oversight Committee prior to implementation. C.) Employees shall be required to sign for all uniform pieces at time of issue and return all uniform pieces upon leaving employment with the City or with the department that issued the uniform. Failure to return all issued equipment may result in delay or reduction of final pay disbursement. D.) Employees required to wear safety boots will follow the City “Quartermaster” system for purchasing said boots, paid for by the City on an as‐needed basis no more than once per calendar year; provided that boots may be purchased more often if the boots are deemed by the Quartermaster to be no longer serviceable. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 30 E.) The Oversight Committee shall be formed consisting of one (1) representative from the following departments; Public Works, Community & Economic Development and Police to work in conjunction with the Quartermaster. F.) All required patches, cloth badges, name emblems, service bars or any such items will be provided and affixed to all such uniform items issued to employees at the City’s cost. All reasonable uniform maintenance, alterations, cleaning and repairs shall be provided by the City. ARTICLE 26 – VOLUNTEERS The City and the Union recognize that the City has a current system in place that utilizes volunteers to assist in providing services to the citizens, businesses, and customers of the City of Arlington. The use of volunteers will not supplant bargaining unit positions. Volunteers shall not be assigned to perform functions normally performed by employees working in a paid status within the last thirty‐six (36) months. No bargaining unit member shall be laid off as a result of the volunteer program. The City and the Union will meet in a labor management forum and come to a mutual agreement prior to implementing any new volunteer program. Disputes regarding the utilization of volunteers shall be subject to grievance procedures. The City will in no event use volunteers to do normal work of Union members or to circumvent the holiday overtime and/or any other provisions of this agreement. ARTICLE 27 – NO STRIKES OR LOCK-OUTS The City and the Union recognize that the public interest requires the efficient and uninterrupted performance of all City services, and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the term of this Agreement, neither the Union nor the employees covered by this Agreement shall cause, engage in or sanction any work stoppage, strike, slowdown or interference with City functions. Employees who engage in any of the foregoing actions shall be subject to disciplinary action. The City shall not institute any lock‐out of its employees during the life of this Agreement. ARTICLE 28 – SAVINGS CLAUSE Section 1. Should any Section of this Agreement or any addenda thereto be held invalid by operation of law or by any tribunal of competent jurisdiction, or should compliance with or enforcement of any provision be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby. At the request of either Union or the City, both parties shall enter into negotiations within fifteen (15) calendar days after said request for the purpose of arriving at a satisfactory replacement for the invalidated language. Section 2. Supremacy of Agreement. This Agreement, when in conflict with any Personnel Policy, Civil Service Rule or Regulation, shall prevail over such policy, rule or regulation. In all other cases, the Personnel Policy, Civil Service Rule or Regulation shall apply to employees in the bargaining unit. Collective Bargaining Agreement City of Arlington / ACE represented by WSCCCE Effective 1/1/2014 2015 through 12/31/2014 12017 31 Section 3. Changes in Personnel Policies. Any changes in Personnel Policy materially affecting mandatory subjects of bargaining may be addressed in Labor Management Committee. This will not be considered a waiver of the Union's right to bargain regarding changes, as may be required by RCW 41.56. ARTICLE 29 – ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in the Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The parties agree that no oral or written statement shall add to or supersede any of the provisions of this Agreement. By mutual agreement of the parties a memorandum of understanding addendum may be negotiated and incorporated as a part of this agreement. ARTICLE 30 - TERM OF AGREEMENT This agreement will be effective from January 1, 2014 2015 through December 31, 20142017. ARLINGTON CITY EMPLOYEES CITY OF ARLINGTON By _____________________________________ By ________________________________ Marc HayesMonica Schlagel, President Barbara Tolbert, Mayor Date ___________________________________ Date ______________________________ WASHINGTON STATE COUNCIL OF CITY & COUNTY EMPLOYEES, COUNCIL 2 By _____________________________________ Bill Keenan Date ___________________________________ CITY OF ARLINGTON AFSCME-REPRESENTED 2015 CLASSIFICATION CHART (7-1-15) SALARY RANGE JOB TITLE SALARY LOW SALARY HIGH NON-EXEMPT 25 INTERN-AIRPORT MANAGEMENT $2,742 $3,576 26 ADMINISTRATIVE ASSISTANT $2,907 $3,793 27 ADMINISTRATIVE TECHNICIAN - UTILITIES $3,085 $4,026 POLICE SERVICES ASSISTANT 28 WASTEWATER COLLECTION SYSTEMS SPECIALIST (ENTRY) $3,274 $4,270 ADMINISTRATIVE TECHNICIAN - FINANCE 29 ADMINISTRATIVE SPECIALIST - COMMUNITY DEVELOPMENT $3,472 $4,530 FINANCE TECHNICIAN - UTILITY BILLING 30 PERMIT TECHNICIAN - ENGINEERING, COMMUNITY DEVELOPMENT $3,577 $4,668 FINANCE TECHNICIAN II - ACCOUNTS PAYABLE ADMINISTRATIVE SPECIALIST - PUBLIC WORKS - UTILITIES 32 WATER SERVICE SPECIALIST $3,792 $4,948 WASTEWATER COLLECTION SYSTEMS SPECIALIST UTILITIES SPECIALIST ADMINISTRATIVE SPECIALIST - AIRPORT, EXECUTIVE MAINTENANCE WORKER WATER DISTRIBUTION SPECIALIST FINANCE SPECIALIST - LEAD CEMETERY COORDINATOR POLICE SERVICES TECHNICIAN 33 WATER TREATMENT PLANT OPERATOR $3,914 $5,108 WASTEWATER TREATMENT PLANT OPERATOR BIOSOLIDS COMPOST FACILITY OPERATOR STORMWATER TECHNICIAN POLICE SUPPORT OFFICER 34 BUILDING INSPECTOR/PLANS EXAMINER $4,144 $5,407 GIS ANALYST - ENGINEERING, UTILITIES SENIOR WATER SERVICE SPECIALIST SENIOR WATER DISTRIBUTION SPECIALIST SENIOR WATER DISTRIBUTION SPEC.-CROSS CONNECTION SPEC. SENIOR WASTEWATER COLLECTION SYSTEM OPERATOR SENIOR MAINTENANCE WORKER Page 1 2/10/2016 CITY OF ARLINGTON AFSCME-REPRESENTED 2015 CLASSIFICATION CHART (7-1-15) 35 SENIOR WATER TREATMENT PLANT OPERATOR $4,269 $5,572 SENIOR WASTEWATER TREATMENT PLANT OPERATOR 37 PROJECT MANAGER - PUBLIC WORKS - UTILITIES $4,532 $5,912 LEAD WATER DISTRIBUTION SPECIALIST LEAD WASTEWATER TREATMENT PLANT OPERATOR-COLLECTIONS LEAD WASTEWATER TREATMENT PLANT OPERATOR-LAB COLL. CENTRAL PURCHASING COORDINATOR AIRPORT OPERATIONS COORDINATOR 38 PUBLIC WORKS INSPECTOR $4,803 $6,267 COMBINATION INSPECTOR 40 COMMUNITY DEVELOPMENT LIAISON $5,408 $7,058 ******************************************************************* EXEMPT 52 ASSOCIATE PLANNER $4,269 $6,088 54 INFORMATION SYSTEMS ADMINISTRATOR $4,803 $6,849 56 WATER RESOURCES PLANNER $5,408 $7,712 SENIOR PLANNER 57 SYSTEMS ADMINISTRATOR II $5,737 $8,181 Page 2 2/10/2016 2015 AFSCME PAY PLAN (3.5% COLA as of 7-1-15) SALARY RANGE A B C D E F G H I J 25 2742 2823 2908 2996 3084 3177 3273 3371 3472 3576 26 2907 2995 3084 3176 3273 3370 3472 3575 3683 3793 27 3085 3178 3274 3372 3474 3577 3685 3795 3909 4026 28 3274 3371 3473 3576 3685 3794 3908 4025 4145 4270 29 3472 3576 3684 3793 3907 4024 4145 4269 4398 4530 30 3577 3685 3795 3909 4026 4146 4271 4400 4532 4668 31 3685 3794 3908 4026 4146 4271 4399 4532 4667 4808 32 3792 3906 4023 4144 4268 4397 4529 4665 4804 4948 33 3914 4032 4152 4278 4406 4538 4675 4815 4959 5108 34 4144 4268 4397 4529 4665 4806 4949 5098 5250 5407 35 4269 4398 4531 4666 4807 4950 5099 5252 5409 5572 36 4398 4530 4666 4806 4950 5098 5251 5408 5572 5738 37 4532 4668 4808 4951 5100 5253 5410 5573 5740 5912 38 4803 4947 5096 5248 5406 5568 5736 5908 6085 6267 39 5099 5252 5409 5572 5738 5910 6088 6271 6458 6652 40 5408 5571 5738 5910 6088 6271 6458 6652 6852 7058 3% between steps SALARY RANGE A B C D E F G H I J K L M 52 4269 4398 4531 4666 4807 4950 5099 5252 5409 5572 5738 5910 6088 54 4803 4947 5096 5248 5406 5568 5736 5908 6085 6267 6455 6649 6849 56 5408 5571 5738 5910 6088 6271 6458 6652 6852 7058 7269 7487 7712 57 5737 5909 6087 6270 6457 6652 6852 7057 7269 7486 7711 7942 8181 3% between steps Non-Exempt Exempt CITY OF ARLINGTON AFSCME-REPRESENTED 2016 CLASSIFICATION CHARTS SALARY RANGE JOB TITLE SALARY LOW SALARY HIGH NON-EXEMPT 25 INTERN-AIRPORT MANAGEMENT $2,786 $3,633 26 ADMINISTRATIVE ASSISTANT $2,954 $3,854 27 ADMINISTRATIVE TECHNICIAN - UTILITIES $3,134 $4,090 POLICE SERVICES ASSISTANT 28 WASTEWATER COLLECTION SYSTEMS SPECIALIST (ENTRY) $3,326 $4,338 ADMINISTRATIVE TECHNICIAN - FINANCE 29 ADMINISTRATIVE SPECIALIST - COMMUNITY DEVELOPMENT $3,528 $4,602 FINANCE TECHNICIAN - UTILITY BILLING 30 PERMIT TECHNICIAN - ENGINEERING, COMMUNITY DEVELOPMENT $3,634 $4,743 FINANCE TECHNICIAN II - ACCOUNTS PAYABLE ADMINISTRATIVE SPECIALIST - PUBLIC WORKS - UTILITIES 32 WATER SERVICE SPECIALIST $3,853 $5,027 WASTEWATER COLLECTION SYSTEMS SPECIALIST UTILITIES SPECIALIST ADMINISTRATIVE SPECIALIST - AIRPORT, EXECUTIVE MAINTENANCE WORKER WATER DISTRIBUTION SPECIALIST FINANCE SPECIALIST - LEAD CEMETERY COORDINATOR POLICE SERVICES TECHNICIAN 33 WATER TREATMENT PLANT OPERATOR $3,977 $5,190 WASTEWATER TREATMENT PLANT OPERATOR BIOSOLIDS COMPOST FACILITY OPERATOR STORMWATER TECHNICIAN POLICE SUPPORT OFFICER 34 BUILDING INSPECTOR/PLANS EXAMINER $4,210 $5,494 GIS ANALYST - ENGINEERING, UTILITIES SENIOR WATER SERVICE SPECIALIST SENIOR WATER DISTRIBUTION SPECIALIST SENIOR WATER DISTRIBUTION SPEC.-CROSS CONNECTION SPEC. SENIOR WASTEWATER COLLECTION SYSTEM OPERATOR SENIOR MAINTENANCE WORKER Page 1 2/10/2016 CITY OF ARLINGTON AFSCME-REPRESENTED 2016 CLASSIFICATION CHARTS 35 SENIOR WATER TREATMENT PLANT OPERATOR $4,337 $5,661 SENIOR WASTEWATER TREATMENT PLANT OPERATOR 37 PROJECT MANAGER - PUBLIC WORKS - UTILITIES $4,605 $6,007 LEAD WATER DISTRIBUTION SPECIALIST LEAD WASTEWATER TREATMENT PLANT OPERATOR-COLLECTIONS LEAD WASTEWATER TREATMENT PLANT OPERATOR-LAB COLL. CENTRAL PURCHASING COORDINATOR AIRPORT OPERATIONS COORDINATOR 38 PUBLIC WORKS INSPECTOR $4,880 $6,367 39 COMBINATION INSPECTOR $5,181 $6,758 40 COMMUNITY DEVELOPMENT LIAISON $5,495 $7,171 ******************************************************************* EXEMPT 52 ASSOCIATE PLANNER $4,337 $6,185 54 INFORMATION SYSTEMS ADMINISTRATOR $4,880 $6,959 56 WATER RESOURCES PLANNER $5,495 $7,835 SENIOR PLANNER $5,829 $8,312 57 SYSTEMS ADMINISTRATOR II Page 2 2/10/2016 2016 AFSCME PAY PLAN (1.6% COLA) SALARY RANGE A B C D E F G H I J 25 2786 2868 2955 3044 3133 3228 3325 3425 3528 3633 26 2954 3043 3133 3227 3325 3424 3528 3632 3742 3854 27 3134 3229 3326 3426 3530 3634 3744 3856 3972 4090 28 3326 3425 3529 3633 3744 3855 3971 4089 4211 4338 29 3528 3633 3743 3854 3970 4088 4211 4337 4468 4602 30 3634 3744 3856 3972 4090 4212 4339 4470 4605 4743 31 3744 3855 3971 4090 4212 4339 4469 4605 4742 4885 32 3853 3968 4087 4210 4336 4467 4601 4740 4881 5027 33 3977 4097 4218 4346 4476 4611 4750 4892 5038 5190 34 4210 4336 4467 4601 4740 4883 5028 5180 5334 5494 35 4337 4468 4603 4741 4884 5029 5181 5336 5496 5661 36 4468 4602 4741 4883 5029 5180 5335 5495 5661 5830 37 4605 4743 4885 5030 5182 5337 5497 5662 5832 6007 38 4880 5026 5178 5332 5492 5657 5828 6003 6182 6367 39 5181 5336 5496 5661 5830 6005 6185 6371 6561 6758 40 5495 5660 5830 6005 6185 6371 6561 6758 6962 7171 3% between steps SALARY RANGE A B C D E F G H I J K L M 52 4337 4468 4603 4741 4884 5029 5181 5336 5496 5661 5830 6005 6185 54 4880 5026 5178 5332 5492 5657 5828 6003 6182 6367 6558 6755 6959 56 5495 5660 5830 6005 6185 6371 6561 6758 6962 7171 7385 7607 7835 57 5829 6004 6184 6370 6560 6758 6962 7170 7385 7606 7834 8069 8312 3% between steps Non-Exempt Exempt City of Arlington Council Agenda Bill Item: NB #6 Attachment J COUNCIL MEETING DATE: February 16, 2016 SUBJECT: 10th Amendment of Interlocal Agreements for Jail Services ATTACHMENTS: 10th Amendment of Interlocal Agreements for Jail Services DEPARTMENT OF ORIGIN Police EXPENDITURES REQUESTED: BUDGET CATEGORY: Police – Marysville Jail Services LEGAL REVIEW: DESCRIPTION: This is an amendment of the Interlocal Agreement for jail services between the City of Arlington and the City of Marysville that is set to expire December 2017. This amendment includes the following changes to the Fee Schedule: Booking Fee from $42.32 to $79.00 effective Jan. 1, 2016 and then adjusted again to $115.00 on Jan. 1, 2017. Transportation Fee from $42.32 to $62.50 per trip, Daily Maintenance Fee from $63.23 to $88.50, number of beds per day from 8 beds per day to on a space available basis- Effective January 1, 2016. HISTORY: This is an on-going Interlocal Agreement with Marysville to provide jail services to the City of Arlington for prisoners charged with misdemeanors and/or serving sentences for certain crimes committed within the City of Arlington. ALTERNATIVES Identify alternative jail facilities outside of the immediate area which could require additional funds for booking and housing as well as additional time and/or expense for prisoner transport. RECOMMENDED MOTION: I move to authorize the Mayor to sign the 10th Amendment to the Interlocal Agreement with the City of Marysville for Jail Services. TENTH AMENDMENT TO ILA FOR JAIL SERVICES – Page 1 AFTER RECORDING RETURN TO: City of Marysville 1049 State Street Marysville, WA 98270 Tenth Amendment of Interlocal Agreements for Jail Services - Arlington Section 5 Duration: Renewal 2014-2017and Amendment of Schedule "A": 2016 Booking Fee $79.00 2017 Booking Fee$115.00, Transport Fee $62.50 per trip each way, Daily Maintenance Fee $88.50, Effective January 1, 2016 THIS AMENDMENT TO INTERLOCAL AGREEMENT FOR JAIL SERVICES ("Amendment") is made and entered into by and between the CITY OF MARYSVILLE ("Marysville"), and the CITY OF ARLINGTON ("Arlington"). WHEREAS, on August 1, 2002, Marysville and Arlington entered into an Interlocal Agreement for Jail Services hereafter referred to as the "Agreement" recorded on 11/6/02 with Snohomish County; and WHEREAS, on December 15, 2005, Marysville and Arlington entered into the Fourth Amendment to Interlocal Agreement for Jail Services recorded on 02/09/2006 with Snohomish County, renewing the duration from January 1, 2006 through December 31, 2009; and WHEREAS, on October 12, 2009, Marysville and Arlington entered into the Sixth Amendment to Interlocal Agreement for Jail Services renewing the duration from January 1, 2010 through December 31, 2013; and WHEREAS, on September 7, 2011, Marysville and Arlington entered into the Seventh Amendment relating to 90 day facility; WHEREAS, on December 9, 2013, Marysville and Arlington entered into the Eighth Amendment renewing the Agreement for an additional four year term from January 1, 2014 through December 31, 2017, and amending Schedule A; and WHEREAS, on November 23, 2015, Marysville and Arlington entered into the Ninth Amendment, amending Schedule A; TENTH AMENDMENT TO ILA FOR JAIL SERVICES – Page 2 WHEREAS Marysville and Arlington have agreed to Amend Schedule "A" as follows, Booking Fee from $42.32 to $79.00 in 2016 and to $115.00 in 2017, Transportation Fee from $42.32 to $ 62.50 per trip, Daily Maintenance Fee from $63.23 to $88.50, number of beds from 8 beds per day to beds on a space available basis – Effective January 1, 2016 necessitating the amendment of the Agreement; and, NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, Marysville and Arlington mutually agree as follows: 1. Schedule A, is as adopted and attached to this agreement as Schedule A and Amended as follows, Booking Fee from $42.32 to $79.00 for 2016 and increasing to $115.00 on January 1, 2017, Transportation Fee from $42.32 to $62.50 per trip, Daily Maintenance Fee from $63.23 to $88.50, number of beds from 8 beds per day to beds on a space available basis – Effective January 1, 2016. 2. Except as provided herein, all other terms and conditions of the Interlocal Agreement for Jail Services dated August 1, 2002 and all Amendments thereto shall remain in full force and effect unchanged. This Tenth Amendment to Interlocal Agreement for Jail Services shall be effective January 1, 2016. 3. APPROVALS AND FILING. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of said party. The attested signature of the officials identified below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Snohomish County Auditor's office or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source pursuant to RCW 39.34.040. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____ day of ________________, 2016. CITY OF ARLINGTON CITY OF MARYSVILLE By ________________________________ Barbara Tolbert, Mayor DATE: ____________________________ By ________________________________ Jon Nehring, Mayor DATE: ____________________________ APPROVED as to form: APPROVED as to form: TENTH AMENDMENT TO ILA FOR JAIL SERVICES – Page 3 By ________________________________ Steven J. Peiffle, City Attorney DATE: ____________________________ By ________________________________ Jon Walker, City Attorney DATE: ____________________________ Attest: _____________________________ _______________, City Clerk Attest: _____________________________ April O’Brien, Deputy City Clerk SCHEDULE A TO TENTH AMENDMENT TO ILA FOR JAIL SERVICES – Page 4 SCHEDULE A Effective January 1, 2016 Booking fee until December 31, 2016 $79.00 Booking fee beginning January 1, 2017 $115.00 ** Should Marysville decide to collect booking fees pursuant to RCW 70.48.390 from the funds possessed by the prisoner or defendant directly at the time of booking, the booking fee to be paid by the City of Arlington for such prisoner or defendant shall be adjusted by a credit in favor of the City of Arlington of that sum actually paid by the prisoner or defendant. Inmate transfer administrative fee $20.00 In cases where Arlington prisoners are relocated to another jail facility other than the Snohomish County jail, Arlington agrees to pay Marysville an Inmate Transfer Administrative Fee of $20.00 per prisoner. Marysville Transportation Fee $62.50 per trip Arlington agrees to pay Marysville a Transportation Fee of $62.50 per prisoner for transportation to another facility or for transportation from another facility to the Marysville Municipal Court. For example: Transporting a prisoner from the Marysville Jail to the SCORE facility would be one trip. Transporting a prisoner from SCORE to the Marysville Municipal Court would be one trip. Transporting a prisoner from the Marysville Municipal Court back to SCORE would be one trip. The same examples would apply to transports to and from the Snohomish County Jail. Daily Maintenance Fee $88.50 ** Bed space as needed on a space available basis. Snohomish County Jail Billings Arlington gives Marysville the authority to receive and pay all Snohomish County Jail bills for the Arlington Prisoners including those cases that are associated with the County District Court and not Marysville Municipal Court and to coordinate and move Arlington Prisoners to and from Snohomish County Jail. Arlington will reimburse Marysville for said jail bills. Other Jail Billings Marysville will be reimbursed by Arlington for all costs including Jail booking and Jail Bed and Daily Maintenance Fees and any other fee charged to Marysville by all other jail facilities for Arlington Prisoners. **Yearly COLA Increase on Booking Fees and Daily Maintenance Fees Booking and Daily Maintenance Fees will be increased at a rate of 100% of the Seattle CPI-W June Index for the year prior with a minimum of 0% to a maximum of 2.25%. The rate increase will occur on January 1 of each year unless otherwise negotiated and agreed by the parties. (For SCHEDULE A TO TENTH AMENDMENT TO ILA FOR JAIL SERVICES – Page 5 example the June 2016 Seattle CPI-W index will set the amount of the January 1, 2017 increase to Booking and Daily Maintenance Fees.)