HomeMy WebLinkAbout07-05-2016 Council Meeting
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Wendy
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 June 20 and June 27, 2016 Council Meetings ATTACHMENT A
2. Accounts Payable
3. Approval of the Recreation and Conservation Office (RCO) Grant
and County Interlocal Agreement (ILA) for Quake Field Renovation ATTACHMENT B
Project
PUBLIC HEARING
NEW BUSINESS
1. Contract Award for the Demolition of the Burn Road Reservoir ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Mike Hopson
2. Contract Award for the LED Streetlight Project ATTACHMENT D
Staff Presentation: Jim Kelly
Council Liaison: Sue Weiss
3. Mutual Benefit Agreement ATTACHMENT E
Staff Presentation: Dave Ryan
Council Liaison: Chris Raezer/Jan Schuette
Arlington City Council Meeting
Tuesday, July 5, 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.
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
To open all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
June 20, 2016
Council Members Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss,
Jesica Stickles, and Marilyn Oertle
Council Members Absent: None
City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Kristin Garcia, Jim Kelly, Kris
Wallace, Jonathan Ventura, Maxine Jenft, Monica Schlagel, Linda Taylor, Bruce Stedman, Tom Cooper,
Dave Ryan, Gregg Haddick, Bob Beam, Craig Monson, Jacob Kelly, Sean Halpin, Jason Nyblod, Sam
Johnston, Wendy Van Der Meersche, and City Attorney Steve Peiffle.
Also Known to be Present: Kris McDuffy, Kirk Boxleitner, Craig Christianson, Terry Marsh, Jan Bauer,
Kevin Duncan, and Curt Hecla.
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 Debora Nelson moved to approve the Agenda; Chris Raezer seconded the motion which
passed with a unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Tolbert introduced Richard Logg, who distributed materials and spoke about Alateen services
available to teens in the area whose lives have been affected by someone else’s drinking.
Mayor Tolbert presented Arlington School District Superintendent Dr. Kris McDuffy with a plaque and
thanked her for her service to the community, and wished her success in her new position as
superintendent with Edmonds School District.
SWEARING IN
Fire Chief Bruce Stedman introduced new Paramedic Gregg Haddick who was sworn in by City Attorney
Steve Peiffle. Gregg’s badge was pinned by his wife, Elli.
PROCLAMATIONS
None
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting June 20, 2016
Page 2 of 3
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Debora Nelson moved and Chris Raezer seconded the motion to approve the Consent Agenda which
was unanimously carried to approve the following Consent Agenda items:
1.Minutes of the June 6 and June 13, 2016 council meetings.
2. Accounts Payable
Approval of EFT Payments and Claims Checks #88629 through #88733 dated June 7, 2016
through June 20, 2016 in the amount of $324,226.37.
PUBLIC HEARING
None
NEW BUSINESS
Proposed Assistant City Administrator Position
City Administrator Paul Ellis requested council approve the position of Assistant City Administrator
position. Discussion followed with Paul answering council questions.
Debora Nelson moved and Chris Raezer seconded the motion to approve the Assistant City Administrator
position and include it in the City’s salary schedule. The motion was approved, with Councilmember Mike
Hopson voting no.
Interlocal Agreement with Arlington School District for the Advanced Manufacturing Training
Education Center
Paul Ellis requested that council approve the interlocal agreement with Arlington School District for the
AMTEC North program to be located at in a temporary location at Weston High School. Brief discussion
followed.
Debora Nelson moved and Mike Hopson seconded the motion to approve the Interlocal Agreement with
Arlington Public School District for Advanced Manufacturing Training Education Center (AMTEC North)
and authorized the Mayor to sign the agreement. The motion was approved by a unanimous vote.
Reappointments to Library & Cemetery Boards
Communications Manager & City Clerk Kristin Banfield requested council confirm the reappointments of
Dawn Boyden to the Library Board and Skip Smith and Maxine Jenft to the Cemetery Board.
Marilyn Oertle moved and Sue Weiss seconded the motion to confirm the reappointment of Dawn Boyden
to the Library Board and Skip Smith and Maxine Jenft to the Cemetery Board. The motion was approved
by a unanimous vote.
Cemetery Package Pricing
Public Works Director Jim Kelly requested council approve the resolution reflecting all cemetery pricing.
Sue Weiss moved and Marilyn Oertle seconded the motion to approve the resolution reflecting all
cemetery pricing, including the proposed packages, and authorized the Mayor to sign the resolution. The
motion was approved by a unanimous vote.
Minutes of the City of Arlington City Council Meeting June 20, 2016
Page 3 of 3
Mayor Tolbert recused herself from the next agenda item. Mayor Pro Tem Debora Nelson called the next
item of business.
Ordinance Adopting a Mutual Benefit Agreement Process to the City’s Airport Regulations
Paul Ellis and City Attorney Steve Peiffle spoke regarding the proposed ordinance regarding the City’s
airport regulations to align the process for special events at the airport. Discussion followed.
Debora Nelson moved and Sue Weiss seconded the motion to approve draft ordinance version #2,
adopting a mutual benefit agreement process to allow the City Council to waive land use fees in limited
circumstances. The motion was approved by a unanimous vote.
Mayor Tolbert resumed the meeting.
ADMINISTRATOR & STAFF REPORTS
None
COUNCIL MEMBER REPORTS
Jesica Stickles, Chris Raezer, Debora Nelson, Jan Schuette, and Mike Hopson gave brief reports, while
Marilyn Oertle and Sue Weiss had nothing to report at this time.
MAYOR’S REPORT
Mayor Tolbert spoke about a Puget Sound Regional Council (PSRC) meeting she attended where policy
changes for manufacturers was discussed.
EXECUTIVE SESSION
City Attorney announced that there would not be a need for an Executive Session.
ADJOURNMENT
With no further business to come before the council, the meeting was adjourned at 7:46 p.m.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
June 27, 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, Dan Cone, Jim Kelly, Dave Ryan, Chris Young, Kristin
Garcia, Kris Wallace, Tim Mensonides, Deana Dean, and City Attorney Steve Peiffle.
Council Members Absent: None
Also Known to be Present: Maxine Jenft, Bob Nelson, Don Munson, Cheri Carlson, Jan Bauer, Terry
Marsh, Craig Christianson, Cristy Brubaker, and Sarah Arney
Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
Councilmember Nelson moved to approve the agenda. Councilmember Raezer seconded the motion,
which passed with a unanimous vote.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Recreation and Conservation Office (RCO) Grant and County Interlocal Agreement (ILA) for Quake
Field Renovation Project
Community & Economic Development Director Chris Young reviewed the request to the accept the
Funding Board Project Agreement for $250,000 in grant funds from the Youth Athletic Field account of the
Recreation and Conservation Funding Board. Council is also requested to approve an Interlocal
Agreement with Snohomish County for $300,000. Both grants are to renovate fields at Quake Memorial
Park. Discussion followed with Chris answering Council questions. Council approved this matter for the
July 5, 2016 Consent Agenda.
Contract Award for the Demolition of the Burn Road Reservoir
Public Works Director Jim Kelly spoke to the Burn Road Reservoir surplus project indicating bids for
demolition are due June 29, 2016. The award of the contract will be presented at the July 5, 2016
Council Meeting. Brief discussion followed with Jim answering Council questions.
Contract Award for the LED Streetlight Project
Jim Kelly spoke to the LED streetlight upgrade project indicating bids for replacement/retrofit of the
current high pressure sodium lights to LED lights are due June 28, 2016. The award of the contract will
be presented at the July 5, 2016 Council Meeting. Brief discussion followed with Jim answering Council
questions.
May 2016 Financial Report
Finance Director Kristin Garcia reviewed the May 2016 Financial Report including review of the Airport
lease project and answered council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop DRAFT June 27, 2016
Page 2 of 2
7:26 Mayor Tolbert recused herself from the next agenda item and turned the meeting over to
Mayor Pro Tem Debora Nelson.
Mutual Benefit Agreement
Airport Director Dave Ryan discussed the recommendation and findings of fact from the Airport
Commission regarding Land Use Fees for the 2016 Arlington Fly-In. Discussion followed with Dave, Ray
Carveth from the Fly-In Board of Directors, and Don Munson from the Airport Commission answering
Council questions.
7:53 Mayor Tolbert resumed the meeting.
Miscellaneous Council Items
Mayor Tolbert reminded Council of the sign-ups for the booth at the Street Fair.
Public Comment
Sarah Arney provided an update on art projects.
City Administrator Paul Ellis commented on the teamwork by staff during the Airport lease project.
Executive Session
None
Adjournment
The meeting was adjourned at 7:57 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
CA #3
Attachment
B
COUNCIL MEETING DATE:
July 5, 2016
SUBJECT:
Acceptance of grants for Quake Field renovation
ATTACHMENTS:
Project Agreement with Washington State Recreation & Conservation Office
Interlocal Agreement with Snohomish County
DEPARTMENT OF ORIGIN
Administration / Community & Economic Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: Park Capital Funds
LEGAL REVIEW:
DESCRIPTION:
Council is asked to authorize the acceptance of the Funding Board Project Agreement to
accept $250,000 in grant funds from the Youth Athletic Field account of the Recreation
and Conservation Funding Board. Council is also requested to approve an Interlocal
Agreement with Snohomish County for $300,000. Both grants are to renovate fields at
Quake Memorial Park.
HISTORY:
Staff have been working with the RCO and the County to improve the fields at Quake
park since the Oso landslide as part of the Stilly Youth Recreation Project.
ALTERNATIVES
Reject the grants and return the funding to the RCO Board and the County.
RECOMMENDED MOTION:
1. I move to approve the Funding Board Project Agreement and authorize the Mayor to
sign it.
2. I move to approve the Interlocal Agreement with Snohomish County for Stilly Valley
Youth Recreation Project and Bill Quake Memorial Park Field Improvements and
authorize the Mayor to sign it.
INFIELD TURF PER FIELD (2 TOTAL):
AREA OF TURF = 13,156 SQ. FT.
TURF PERIMETER = 441 LF
CAMEL TURF = 10,397 SQ. FT.
GREEN TURF = 2,759 SQ. FT.
AREA OF TURF = 39,748 SQ. FT.
TURF PERIMETER = 787 LF
CAMEL TURF = 15,296 SQ. FT.
GREEN TURF = 24,452 SQ. FT.
PHASE 1 - PROPOSED CONC.
SURFACE AREA = 14,213 SQ. FT.
PHASE 2 - PROPOSED CONC.
SURFACE AREA = 18,377 SQ. FT.
AREA OF TURF = 39,748 SQ. FT.
TURF PERIMETER = 787 LF
CAMEL TURF = 15,296 SQ. FT.
GREEN TURF = 24,452 SQ. FT.
PHASE 1
PHASE 2
N
SCALE: 1:50
0 25 50 100
Approved As Is
Approved As Noted
Resubmit As Noted
Signature:
Print:
Date:
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INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 1 of 15
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE
CITY OF ARLINGTON FOR STILLY VALLEY YOUTH RECREATION
PROJECT AND BILL QUAKE MEMORIAL PARK FIELD IMPROVEMENTS
This INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND
THE CITY OF ARLINGTON FOR STILLY VALLEY YOUTH RECREATION
PROJECT AND BILL QUAKE MEMORIAL PARK FIELD IMPROVEMENTS (this
“Agreement”), is made and entered into this ____ day of , 2016, by and
between SNOHOMISH COUNTY, a political subdivision of the State of Washington
(the “County”), and the CITY OF ARLINGTON, a Washington municipal corporation
(the “City”), pursuant to Chapter 39.34 RCW.
RECITALS
A. The 2007 Comprehensive Parks and Recreation Plan, a component of the
Snohomish County Growth Management Act Comprehensive Plan, has documented a
County-wide need for a wide variety of recreational facilities; and
B. The County Executive and the County Council have determined that it is
consistent with the Comprehensive Parks and Recreation Plan and is in the public interest
of County residents to participate in joint undertakings with local municipalities to
increase recreational opportunities and facility capacity; and
C. Pursuant to Amended Emergency Ordinance No. 14-125 (concerning the
“Stilly Valley Youth Recreation Project”) the County authorized the issuance of Two
Hundred Thousand and no/100 ($200,000) to the City for the renovation of two (2)
existing ball fields and the construction of two (2) new ball fields; and
D. The Council Adopted 2015-2020 Capital Improvement Program included
Two Hundred Thousand and no/100 Dollars ($200,000) of REET II dollars to City for the
Stilly Valley Youth Recreation Project. This funding was to support the renovation of
two (2) existing ball fields and construction of two (2) new ball fields at Bill Quake Field
in Arlington; and
E. Pursuant to Amendment to CIP #2 to Ordinance No. 15-080 (concerning
“Bill Quake Memorial Park Field Improvements”) the County authorized the issuance of
One Hundred Fifty Thousand and no/100 Dollars ($150,000) to the City for the
renovation/construction of four (4) total ball fields at Bill Quake Field in the City of
Arlington; and
F. The Council Adopted 2016-2021 Capital Improvement Project included
One Hundred Fifty Thousand and no/100 Dollars ($150,000) of REET II dollars to the
City to support the renovation/construction of four (4) total ball fields at Bill Quake Field
in Arlington; and
G. Pursuant to recitals C, D, E, and F, the County has authorized the issuance
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 2 of 15
of and included in its Capital Improvement planning, a total of Three Hundred Fifty
Thousand and no/100 Dollars ($350,000) (collectively, “the Funds”) for Phase 1 which
includes renovations to the two existing fields by adding artificial turf infields, and the
design of two new fields as more fully described in Attachment B, at Bill Quake Field in
Arlington; and
H. The City has been asked by the County to provide and the City has
provided to the County: a written request to the County for the Funds (Attachment A); a
description of project and estimation of costs (Attachment B); a description of property
and proof of City ownership of property (Attachment C); and a description of the City’s
involvement and on-going role in planning, design, development, maintenance, and
operation of the project (Attachment D);
I. Pursuant to this Agreement and Chapter 39.34 RCW, the County wishes to
provide and the City wishes to accept the above-described Funds from the County.
AGREEMENT
NOW, THEREFORE, in consideration of the respective agreements set forth
below and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the County and the City agree as follows:
1. Purpose of Agreement.
This Agreement is authorized by and entered into pursuant to Chapter 39.34
RCW. The purpose and intent of this Agreement is to define the responsibilities of the
County and the City as they relate to the County’s provision of the Funds to the City’s
project located at Bill Quake Field in Arlington, 18513 59th Ave NE, Arlington, WA (the
“Park Property”). Planned site enhancements include the renovation/construction of four
(4) total ball fields at Bill Quake Field in the City of Arlington on property owned by the
City of Arlington.
2. Effective Date and Duration.
This Agreement shall not take effect unless and until it has been duly executed by
both parties and either filed with the County Auditor or posted on the County’s Interlocal
Agreements website. This Agreement shall remain in effect through December 31, 2018,
unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED
HOWEVER, that each party’s obligations are contingent upon local legislative
appropriation of necessary funds for this specific purpose in accordance with applicable
law.
3. Administrators.
Each party to this Agreement shall designate an individual (an “Administrator”),
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 3 of 15
who may be designated by title or position, to oversee and administer such party’s
participation in this Agreement. The parties’ initial Administrators shall be the following
individuals:
County’s Initial Administrator:
Tom Teigen, Director
Snohomish County Parks and
Recreation Department
6705 Puget Park Drive
Snohomish, Washington 98296
(425) 388-6617 phone
(425) 388-6645 facsimile
Tom.Teigen@snoco.org
City’s Initial Administrator:
Paul Ellis
City Administrator
238 N. Olympic
Arlington, WA 98223
pellis@arlingtonwa.gov
(360) 403-4603
Either party may change its Administrator at any time by delivering written notice
of such party’s new Administrator to the other party.
4. Project Performance.
4.1 Certification of Real Property Interest. The City certifies to the County
that the City owns the real property or easements upon which the Project shall be
executed and additional real property or easements are not needed to complete the
Project.
4.2 City’s Financial and Staff Commitment. The City certifies to the County
that the City has monies sufficient to develop, complete Phase 1 of the project as
identified in Attachment B, and maintain and operate Phase 1 of the project without
additional County monies needed under the terms of this Agreement by the Project
deadline identified in Section 4.3 below (the “City’s Financial Commitment”).
4.3 Project Deadline. On or before October 30, 2018, the City shall complete
the Project. In executing the Project, the City shall obtain and, upon request, provide the
County with copies of all permits necessary to complete the Project.
4.4 Recognition of County as Financial Sponsor. The City shall recognize the
County as a financial sponsor of the Project as follows:
4.4.1 Upon completion of the Project or dedication of the Park Property,
whichever comes first, the City shall install at the Park Property a plaque in a form
approved by the County that indicates that the County is a financial sponsor or
contributor of the Project;
4.4.2 The City shall invite the County to all events promoting the Project
or Park Property and recognize the County at all such events as a financial sponsor of the
Project;
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 4 of 15
4.4.3 The City shall recognize the County as a financial sponsor in all
brochures, banners, posters, and other promotional material related to the Project.
4.5 Project Maintenance. The City shall be responsible for on-going capital
improvements to, and maintenance of, the Project and City Property. The County makes
no commitment to support the Project or City Property beyond what is provided for in
this Agreement and assumes no obligation for future support of the Project or City
Property except as expressly set forth in this Agreement.
4.6 Availability to County Residents. The City shall make the Property
available to all County residents on the same terms as to residents of the City.
5. Invoicing and Payment.
5.1 Invoicing. Prior to October 30, 2018, the City shall submit to the County
an invoice requesting disbursement of the Funds for the Project.
5.2 Accounting. The City shall maintain a system of accounting and internal
controls which complies with generally accepted accounting principles and governmental
accounting and financial reporting standards in accordance with Chapter 40.14 RCW.
5.3 Recordkeeping. The City shall maintain adequate records to support
billings. The records shall be maintained by the City for a period of five (5) years after
completion of this Agreement. The County, or any of its duly authorized representatives,
shall have access to books, documents, or papers and records of the City relating to this
Agreement for purposes of inspection, audit, or the making of excerpts or transcripts.
6. Independent Contractor. The City will perform all work associated with the
Project as an independent contractor and not as an agent, employee, or servant of the
County. The City shall be solely responsible for control, supervision, direction and
discipline of its personnel, who shall be employees and agents of the City and not the
County. The County shall only have the right to ensure performance.
7. Indemnification/Hold Harmless.
The City shall assume the risk of liability for damage, loss, costs and expense
arising out of the activities under this Agreement and all use of any improvements it may
place on the Property. The City shall hold harmless, indemnify and defend the County, its
officers, elected and appointed officials, employees and agents from and against all
claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages,
judgments, or decrees by reason of damage to any property or business and/or any death,
injury or disability to or of any person or party, including but not limited to any
employee, arising out of or suffered, directly or indirectly, by reason of or in connection
with the acquisition or use of the Park Property and this Agreement; PROVIDED, that
the above indemnification does not apply to those damages solely caused by the
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 5 of 15
negligence or willful misconduct of the County, its elected and appointed officials,
officers, employees or agents.
8. Liability Related to City Ordinances, Policies, Rules and Regulations.
In executing this Agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or responsibility which
arises in whole or in part from the existence or effect of City ordinances, policies, rules or
regulations. If any cause, claim, suit, action or administrative proceeding is commenced
in which the enforceability and/or validity of any such City ordinance, policy, rule or
regulation is at issue, the City shall defend the same at its sole expense and, if judgment
is entered or damages are awarded against the City, the County, or both, the City shall
satisfy the same, including all chargeable costs and reasonable attorney’s fees.
9. Insurance.
The City shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damages to property which may arise from, or in
connection with exercise of the rights and privileges granted by this Agreement, by the
City, his agents, representatives, and employees/subcontractors. The cost of such
insurance shall be paid by the City.
9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance
Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL
LIABILITY with limits no less than $1,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
9.2 Other Insurance Provisions. Coverage shall be written on an
“Occurrence” form. The insurance policies required in this Agreement are to contain or
be endorsed to contain the County, its officers, officials, employees, and agents as
additional insureds as respects liability arising out of activities performed by or on behalf
of the City in connection with this Agreement.
9.3 Verification of Coverage. The City shall furnish the County with
certificate(s) of insurance and endorsement(s) required by this Agreement. The City's
continuing participation in the Washington Cities Insurance Authority interlocal
agreement shall constitute compliance with this section.
10. Compliance with Laws.
In the performance of its obligations under this Agreement, each party shall
comply with all applicable federal, state, and local laws, rules and regulations.
11. Default and Remedies.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 6 of 15
11.1 Default. If either the County or the City fails to perform any act or
obligation required to be performed by it hereunder, the other party shall deliver written
notice of such failure to the non-performing party. The non-performing party shall have
twenty (20) days after its receipt of such notice in which to correct its failure to perform
the act or obligation at issue, after which time it shall be in default (“Default”) under this
Agreement; provided, however, that if the non-performance is of a type that could not
reasonably be cured within said twenty (20) day period, then the non-performing party
shall not be in Default if it commences cure within said twenty (20) day period and
thereafter diligently pursues cure to completion.
11.2 Remedies. In the event of a party’s Default under this Agreement, then
after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non-
Defaulting party shall have the right to exercise any or all rights and remedies available
to it in law or equity.
12. Early Termination.
12.1 30 Days’ Notice. Except as provided in Sections 12.2 below, either party
may terminate this Agreement at any time, with or without cause, upon not less than
thirty (30) days advance written notice to the other party. The termination notice shall
specify the date on which the Agreement shall terminate.
12.2 Termination for Breach. In the event that the City fails to complete
Phase 1 of the Project by October 30, 2018, and/or otherwise commits a Default as
described in Section 11, the County may terminate this Agreement immediately by
delivering written notice to the City. Within thirty (30) days of such early termination, the
City shall return to the County all Funds previously disbursed from the County to the
City for the Project plus interest at the rate of twelve percent (12%) per annum beginning
thirty (30) days from the date of early termination.
13. Dispute Resolution.
In the event differences between the parties should arise over the terms and
conditions or the performance of this Agreement, the parties shall use their best efforts to
resolve those differences on an informal basis. If those differences cannot be resolved
informally, the matter may be referred for mediation to a mediator mutually selected by
the parties. If mediation is not successful or if a party waives mediation, either of the
parties may institute legal action for specific performance of this Agreement or for
damages. Neither party in any legal action shall be entitled to attorneys’ fees or court
costs accrued during mediation or any legal action regarding this Agreement.
14. Notices.
All notices required to be given by any party to the other party under this
Agreement shall be in writing and shall be delivered either in person, by United States
mail, or by electronic mail (email) to the applicable Administrator or the Administrator’s
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 7 of 15
designee. Notice delivered in person shall be deemed given when accepted by the
recipient. Notice by United States mail shall be deemed given as of the date the same is
deposited in the United States mail, postage prepaid, and addressed to the Administrator,
or their designee, at the addresses set forth in Section 3 of this Agreement. Notice
delivered by email shall be deemed given as of the date and time received by the
recipient.
15. Miscellaneous.
15.1 Entire Agreement; Amendment. This Agreement constitutes the entire
agreement between the parties regarding the subject matter hereof, and supersedes any
and all prior oral or written agreements between the parties regarding the subject matter
contained herein. This Agreement may not be modified or amended in any manner except
by a written document executed with the same formalities as required for this Agreement
and signed by the party against whom such modification is sought to be enforced.
15.2 Conflicts between Attachments and Text. Should any conflicts exist
between any attached exhibit or schedule and the text or main body of this Agreement,
the text or main body of this Agreement shall prevail.
15.3 Governing Law and Venue. This Agreement shall be governed by and
enforced in accordance with the laws of the State of Washington. The venue of any action
arising out of this Agreement shall be in the Superior Court of the State of Washington,
in and for Snohomish County. In the event that a lawsuit is instituted to enforce any
provision of this Agreement, the prevailing party shall be entitled to recover all costs of
such a lawsuit, including reasonable attorney’s fees.
15.4 Interpretation. This Agreement and each of the terms and provisions of
it are deemed to have been explicitly negotiated by the parties, and the language in all
parts of this Agreement shall, in all cases, be construed according to its fair meaning and
not strictly for or against either of the parties hereto. The captions and headings in this
Agreement are used only for convenience and are not intended to affect the interpretation
of the provisions of this Agreement. This Agreement shall be construed so that wherever
applicable the use of the singular number shall include the plural number, and vice versa,
and the use of any gender shall be applicable to all genders.
15.5 Severability. If any provision of this Agreement or the application
thereof to any person or circumstance shall, for any reason and to any extent, be found
invalid or unenforceable, the remainder of this Agreement and the application of that
provision to other persons or circumstances shall not be affected thereby, but shall instead
continue in full force and effect, to the extent permitted by law.
15.6 No Waiver. A party’s forbearance or delay in exercising any right or
remedy with respect to a Default by the other party under this Agreement shall not
constitute a waiver of the Default at issue. Nor shall a waiver by either party of any
particular Default constitute a waiver of any other Default or any similar future Default.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 8 of 15
15.7 No Assignment. This Agreement shall not be assigned, either in whole
or in part, by either party without the express written consent of the other party, which
may be granted or withheld in such party’s sole discretion. Any attempt to assign this
Agreement in violation of the preceding sentence shall be null and void and shall
constitute a Default under this Agreement.
15.8 Warranty of Authority. Each of the signatories hereto warrants and
represents that he or she is competent and authorized to enter into this Agreement on
behalf of the party for whom he or she purports to sign this Agreement.
15.9 No Joint Venture. Nothing contained in this Agreement shall be
construed as creating any type or manner of partnership, joint venture or other joint
enterprise between the parties.
15.10 No Separate Entity Necessary. The parties agree that no separate legal
or administrative entities are necessary to carry out this Agreement.
15.11 Ownership of Property. Except as expressly provided to the contrary in
this Agreement, any real or personal property used or acquired by either party in
connection with its performance under this Agreement will remain the sole property of
such party, and the other party shall have no interest therein.
15.12 No Third Party Beneficiaries. This Agreement and each and every
provision hereof is for the sole benefit of the City and the County. No other persons or
parties shall be deemed to have any rights in, under or to this Agreement.
15.13 Execution in Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall constitute an original and all of which shall
constitute one and the same agreement.
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INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 9 of 15
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
COUNTY:
Snohomish County, a political subdivision
of the State of Washington
By
Name: Dave Somers
Title: County Executive
CITY:
City of Arlington, a Washington
municipal corporation
By
Name: Barbara Tolbert
Title: Mayor
Approved as to Form:
Deputy Prosecuting Attorney
Approved as to Form:
City Attorney
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 10 of 15
ATTACHMENT A
WRITTEN REQUEST FOR COUNTY FUNDS
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 11 of 15
ATTACHMENT B
DESCRIPTION OF PROJECT & ESTIMATION OF COSTS
Phase I of the Quake Baseball Field project is based on the current available funding of
$350,000. An RFQ was prepared and distributed to various firms to obtain a design build
interest in the Quake Baseball Filed Project. Hellas Construction, Inc. was determined to
be the appropriate firm to conduct the design build project, based on their overall scoring.
Phase I consists of the renovation of the two existing baseball fields depicted in Exhibit 1
of the ILA. The scope of work includes;
Conduct Geo Technical data and technical reports
Conduct Survey of existing and future fields and reports
Conversion of the two existing baseball fields from dirt and grass infields to artificial dirt
and artificial grass infields – (turf area totals of 18,014 Sq. Ft. for both fields)
Repair existing dugouts
Repair existing backstops
Provide required artificial turf maintenance equipment
Design of two new baseball fields for Phase II implementation (based on future funding)
Hellas estimates that all of the proposed scope of work mentioned above can be
completed with the current available funding of $350,000.
Future funding can then be obtained, based on accurate construction bids from the
conceptual design, to complete the additional two fields.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 12 of 15
Exhibit 1 – Existing Quake Field Renovations
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 13 of 15
ATTACHMENT C
DESCRIPTION OF PROPERTY AND PROOF OF CITY OWNERSIIP OF PROPERTY
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 14 of 15
ATTACHMENT D
CITY’S ROLE IN THE PLANNING, DESIGN, CONSTRUCTION, MAINTENANCE,
AND OPERATION OF THE PROJECT
The City of Arlington’s role is to facilitate the renovation and expansion by working
collaboratively with the Stilly Valley Little League (SVLL), Hellas Construction, Inc.
and other Stakeholders to ensure that funding sources, inter-local agreements, grant and
assurances, and other processes are followed.
City Parks and Recreation Staff of the Maintenance & Operations Division have been
working closely with the Hellas Team to help facilitate Phase I of the project. M&O staff
will continue to assist Hellas during the renovation of the two existing baseball fields and
logistics with the design of the two new fields, i.e. current irrigation, water and sewer
locations, etc.
The M&O Division will continue the maintenance of the existing facility as they have
always done, however, staff will work with Hellas to learn how to operate the new turf
equipment and maintain the new turf infields.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON
FOR ARLINGTON BALLFIELDS PROJECT 15 of 15
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City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
C
COUNCIL MEETING DATE:
July 5, 2016
SUBJECT:
Burn Road Reservoir Demolition – Contract Award
ATTACHMENTS:
Bid Tab from bids opened on June 29th
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: Estimate $54,000 (Apparent Low Bid)
BUDGET CATEGORY: Fund 405 – Water Capital Fund
LEGAL REVIEW:
DESCRIPTION:
The Burn Road Reservoir has been scheduled for demolition in 2016, it was advertised on the
MRSC Small Works Roster and staff is recommending the contract be awarded to the lowest
qualifying bidder.
HISTORY:
The Burn Road Reservoir is a 500,000 gallon steel potable water storage tank that was constructed
in the mid-1960’s. The reservoir is located in an area that is geologically unstable. Given the
critical nature of this facility and potential downstream receptors should it fail, the City has
decided to take this facility out of service. Following a public hearing, the reservoir was declared
as surplus by council in May of 2014. We scheduled and budgeted for the demolition of the
reservoir in the 2016 budget.
The project was sent to contractors listed on the MRSC Small Works Roster and bids were opened
on June 29th. The lowest bid was received from T. Bailey Inc. in the amount of $54,000. The low
bidder has been qualified by staff and determined to be a responsible bidder.
ALTERNATIVES
Remand to staff for further evaluation or re-advertise on MRSC Roster
RECOMMENDED MOTION:
I move to accept the low bid for the Burn Road Reservoir Demolition and authorize the mayor to
sign the contract with T. Bailey Inc., pending final approval by the City Attorney.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
D
COUNCIL MEETING DATE:
July 5, 2016
SUBJECT:
LED Streetlight Conversion Contract Award
ATTACHMENTS:
Bid Tab from June 28th bid opening
Maps of selected streetlights to be replaced
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $63,575.83 (Low Bid)
BUDGET CATEGORY: Fund 101 – Street Fund (100% Grant Funded)
LEGAL REVIEW:
DESCRIPTION:
Award the LED Street Light upgrade contract for the upgrade of 121 City owned street and
pedestrian lights.
HISTORY:
The Transportation Improvement Board offered grant funding through the “Relight Washington
Program” in 2015. In 2015 staff applied for and received a $79,238 grant from the Transportation
Improvement Board (TIB) for replacement/retrofit of 121 high pressure sodium lights to a LED
light. The intent of this project is to reduce streetlight operating costs while saving energy and
renewing dated infrastructure.
The project was sent to contractors listed on the MRSC Small Works Roster and bids were opened
on June 28th. The lowest bid was received from Lumenal Lighting in the amount of $63,575.83.
The low bidder has been qualified by staff and is a responsible bidder.
ALTERNATIVES
Remand to staff for further evaluation or re-advertise on MRSC Roster
RECOMMENDED MOTION:
I move to accept the low bid for the LED Streetlight Conversion Project and authorize the mayor
to sign the contract with Lumenal Lighting, pending final approval by the City Attorney.
Item
No.
DESCRIPTION Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Street Light Style SL - 01 557.20$ 20,059.20$ 560.00$ 20,160.00$ 490.40$ 17,654.40$ 528.00$ 19,008.00$
2 Street Light Style SL - 02 479.30$ 29,237.30$ 460.00$ 28,060.00$ 401.52$ 24,492.72$ 591.00$ 36,051.00$
3 Street Light Style SL - 03 528.65$ 4,229.20$ 587.00$ 4,696.00$ 869.65$ 6,957.20$ 750.00$ 6,000.00$
4 Street Light Style SL - 04 585.76$ 2,343.04$ 637.00$ 2,548.00$ 1,420.86$ 5,683.44$ 750.00$ 3,000.00$
5 Street Light Style SL - 05 411.26$ 4,935.12$ 432.00$ 5,184.00$ 619.25$ 7,431.00$ 650.00$ 7,800.00$
80,000.00$ 60,803.86$ 60,648.00$ 62,218.76$ 71,859.00$
2,771.97$ 5,397.67$ 5,537.87$ 6,395.45$
63,575.83$ 66,045.67$ 67,756.63$ 78,254.45$
Item
No.
DESCRIPTION Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Street Light Style SL - 01 663.78$ 23,896.08$ 735.00$ -$ 730.00$ 17,444,138.40$
2 Street Light Style SL - 02 640.09$ 39,045.49$ 720.00$ -$ 733.50$ 28,639,866.92$
3 Street Light Style SL - 03 644.83$ 5,158.64$ 690.00$ -$ 835.00$ 4,307,464.40$
4 Street Light Style SL - 04 682.72$ 2,730.88$ 680.00$ -$ 750.00$ 2,048,160.00$
5 Street Light Style SL - 05 566.93$ 6,803.16$ 505.00$ -$ 615.00$ 4,183,943.40$
80,000.00$ 77,634.25$ -$ 56,623,573.12$ -$
3,465.71$ -$ 7,839.43$ -$
81,099.96$ -$ 56,631,412.55$ -$
Colvico Inc.Engineer's Estimate Bayview Electric Titan Earthwork Sail Electric
Subtotal
Sales Tax (8.9%) was tax rate on bid form for taxable items
Total Bid
not same as bid Rejected Bid Upon Arrival
Total Bid
2016 LED Street Light Upgrade Project
Engineer's Estimate Apparent Low Bidder
Lumenal Lighting
June 29, 2016 Seahurst Electric Energy Management Services Superior Electric
not same as bid
Subtotal
Sales Tax (8.9%) was tax rate on bid form for taxable items
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
E
DATE:
July 5, 2016
SUBJECT:
Recommendation & Findings of Fact from the Airport Commission to Waive Land
Use Fees for the 2016 Arlington Fly-In
ATTACHMENTS:
Airport Commission Findings of Fact
Resolution #2016-XXX Adopting Findings Regarding the Waiver of Fees for the
Arlington Fly-In Event
DEPARTMENT OF ORIGIN
Airport – David Ryan
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Pursuant to Ordinance No. 2016-011, the Arlington Fly-In has requested a waiver of
the land use fees for the 2016 Fly In event. This waiver was submitted to the Airport
Commission on June 21, 2016. The Commission considered the request at its June 21,
2016 meeting and recommended that the fees for the 2016 Arlington Fly-In be
waived.
The request has been provided to the FAA for their review.
HISTORY:
The City Council adopted an ordinance on June 20, 2016 (Ordinance No. 2016-011) to
align the special events process at the Airport with the City process and requiring
Council approval to waive fees for special events at the Airport, with
recommendation from the Airport Commission and review by the FAA.
ALTERNATIVES
Approve the request as recommended by the Airport Commission
Remand the item back to the Airport Commission for further consideration
Deny the request
RECOMMENDED MOTION:
I move to adopt Resolution #2016-XXX Adopting Findings Regarding the Waiver of
Fees for the 2016 Arlington Fly-In Event.
RESOLUTION NO. 2016-XXX
RESOLUTION NO. 2016-XXX
A RESOLUTION OF THE CITY OF ARLINGTON
ADOPTING FINDINGS REGARDING THE WAIVER OF FEES
FOR THE 2016 ARLINGTON FLY-IN EVENT
WHEREAS, the City of Arlington adopted Ordinance No. 2016-011 on June 20,
2016, creating a mutual benefit agreement process for certain events to be held at the
Arlington Municipal Airport; and
WHEREAS, the Arlington Airport Commission held a public meeting on June 21,
2016 to discuss the requested waiver of fees for the 2016 Arlington Fly-In Event; and
WHEREAS, the Airport Commission’s Findings of Fact and recommendation is
attached hereto as exhibit; and
WHEREAS, the City Council wishes to adopt required findings in support of the
waiver of fees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ARLINGTON, WASHINGTON AS FOLLOWS:
1. The Arlington City Council makes the following written findings relating
to the 2016 EAA Fly-In event, as required by AMC 14.08.065 and Ordinance No. 2016-
011, adopted by the City Council on June 20, 2016:
(a) The 2016 Arlington Fly-In Event enhances public acceptance of the airport
in the community in the immediate area of the airport;
(b) The subject property will be put to a desired public recreational or other
community use by the community in the immediate area of the airport during the 2016
Arlington Fly-In event;
(c) The desired community use and the community goodwill that would be
generated by 2016 Arlington Fly-In Event serves the business interest of the airport in
ways that can be articulated and demonstrated;
(d) The 2016 Arlington Fly-In Event does not adversely affect the capacity,
security, safety, or operations of the airport;
(e) At the time the 2016 Arlington Fly-In Event is contemplated, the subject
property would not reasonably be expected to produce more than de minimis revenue;
(f) The 2016 Arlington Fly-In does not preclude reuse of the subject property
for airport purposes;
(g) Airport revenue does not support the capital or operating costs associated
with the 2016 Arlington Fly-In Event;
(h) The 2016 Arlington Fly-In Event is not to a for-profit organization or for
the benefit of private individuals;
RESOLUTION NO. 2016-XXX
(i) The permit, license or contract for the 2016 Arlington Fly-In Event
complies with RCW 14.08.120(5);
(j) The permit, license or other contract for the 2016 Arlington Fly-In Event
does not exceed five (5) years;
(k) The permit, license or other contract for the 2016 Arlington Fly-In Event
does not exceed one year;
(l) The proposed 2016 Arlington Fly-In Event use agreement and proposed
waive of fees has been provided to the FAA for the opportunity to review and comment;
(m) If the proposed use is within the airport operations area, it may only be
used for an approved aeronautical use; and
(n) The proposed permit, license or agreement complies with the city’s federal
grant assurance obligations.
2. The Arlington City Council hereby adopts and incorporates by reference
the Airport Commission’s findings of fact and the recommendation made by the Airport
Commission dated June 24, 2016, attached hereto as Exhibit A.
ADOPTED by the City Council and APPROVED by the Mayor Pro Tem this 5th
day of July, 2016.
CITY OF ARLINGTON
_______________________________
Debora Nelson, Mayor Pro Tem
ATTEST:
________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney