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Home My WebLink About01-17-17 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 Pro Tem Debora Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Pro Tem Debora Nelson ‐ Deana APPROVAL OF THE AGENDA Chris Raezer INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Chris Raezer 1. Minutes of the January 3 and January 9, 2017 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Resolution to waive bidding requirements and authorize purchase ATTACHMENT B of water meters from a sole source 4. Professional Services Agreement renewal with ATTACHMENT C Shockey Planning Group 5. Professional Services Agreement renewal with Strategies 360 ATTACHMENT D 6. Interlocal agreement with the City of Yakima for purchasing ATTACHMENT E 7. Airport Commission appointment ATTACHMENT F PUBLIC HEARING NEW BUSINESS 1. Ordinance prohibiting left turns to/from SR 531 at the ATTACHMENT G Stillaguamish Athletic Club / Weston High School Staff Presentation: Jim Kelly Council Liaison: Debora Nelson/Jan Schuette Arlington City Council Meeting Tuesday, January 17, 2017, 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. Ordinance rescinding 2017 utility rate increases ATTACHMENT H Staff Presentation: Jim Kelly Council Liaison: Mike Hopson DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Debora Nelson To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third January 3, 2017 City Council Members Present by Roll Call: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles (arrived at 7:08 p.m.), and Marilyn Oertle Council Members Absent: None City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Heather Logan, Kristin Banfield, Sheri Amundson, Jonathan Ventura, Bruce Stedman, and Steve Peiffle – City Attorney. Also Known to be Present: Maxine Jenft, Melonie Grieser, and Sophie Grieser. Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Mayor Pro Tem Nelson moved to approve the Agenda. Councilmember Raezer seconded the motion which passed with a 6‐0 vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS None PROCLAMATIONS None PUBLIC COMMENT None CONSENT AGENDA Mayor Pro Tem Nelson moved and Councilmember Raezer seconded the motion to approve the Consent Agenda which was approved 6‐0 to approve the following Consent Agenda items: 1. Minutes of the December 19, 2016 Council Meeting 2. Accounts Payable: Approval of EFT Payments and Claims Checks #89688 through #89762 dated December 20, 2016 through December 30, 2016 for $261,208.88 and approval of EFT Payments and Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting January 3, 2017 Page 2 of 3 Claims Checks #89763 through #89784 dated January 1, 2017 through January 3, 2017 for $83,646.06. PUBLIC HEARING None NEW BUSINESS Reappointment of Darrington Mayor Dan Rankin to serve as Snohomish Health District Board of Health Representative for all small cities in County Council District #1 City Administrator Paul Ellis requested the reappointment of Darrington Mayor to the Snohomish Health District Board of Health for 2017. Mayor Rankin served in the same capacity in 2016 and represented the smaller cities within County Council District #1 with distinction. Mayor Pro Tem Nelson moved to reappoint Mayor Dan Rankin to serve as Snohomish Health District Board of Health Representative for all small cities in County Council District #1. Councilmember Oertle seconded the motion which passed with a 6‐0 vote. Resolution Designating City Clerk as Public Records Officer Assistant City Administrator Heather Logan presented the resolution to designate the City Clerk as the Public Records Officer for the City. Mayor Pro Tem Nelson moved and Councilmember Weiss seconded the motion to approve the proposed resolution replacing Resolution No. 715 and designating a Public Records Officer and authorizing the Mayor to sign the resolution. The motion passed with a 6‐0 vote. Resolution to Waive Bidding Requirements for the Purchase of Two Verathon GlideScope Laryngoscopes for Use by the City of Arlington Fire Department Fire Chief Bruce Stedman reviewed the proposed resolution allowing the City to waive the state bidding requirements and purchase two Verathon GlideScope Laryngoscopes. Councilmember Oertle moved and Councilmember Weiss seconded the motion to approve the resolution allowing the City to waive the bidding requirements for the purchase of two Verathon GlideScope Laryngoscopes and authorize the Mayor to sign the resolution. The motion passed with a 6‐0 vote. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis wished everyone a Happy New Year. COUNCIL MEMBER REPORTS Councilmembers Schuette and Hopson gave brief reports, while Councilmembers Oertle, Stickles, Weiss, Raezer, and Nelson had nothing to report at this time. MAYOR’S REPORT Mayor Barbara Tolbert reminded the council of the following upcoming meetings: Minutes of the City of Arlington City Council Meeting January 3, 2017 Page 3 of 3 ‐ January 23, 2017: Joint Meeting with the Planning Commission beginning at 6 p.m. in the Council Chambers ‐ January 30, 2017: Joint Meeting with the Arlington Public Schools Board of Directors, Snohomish County Public Hospital District #3 Board, and Skagit County Public Hospital District #1 Board at the Byrnes Performing Arts Center. ‐ January 5, 2017: Snohomish County Legislative Kick‐Off Breakfast EXECUTIVE SESSION City Attorney Steve Peiffle announced an Executive Session to discuss matters of pending or potential litigation [RCW 42.30.110(1)(i)], estimating to take 30 minutes and that there would be no action following the Executive Session. Council recessed to Executive Session at 7:09 p.m. At 7:39 p.m., City Attorney Steve Peiffle announced that at the request of the Mayor and Council, the Executive Session would be extended for an additional 20 minutes. At 8:01 p.m. the Council reconvened the meeting. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:02 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street January 9, 2017 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Jesica Stickles, Sue Weiss, and Marilyn Oertle. Staff Present: Mayor Barbara Tolbert, Paul Ellis, Heather Logan, Dave Ryan, Kurt Patterson, Marc Hayes, Jim Kelly, Kris Wallace, Dan Cone, Kristin Banfield, Deana Dean, and City Attorney Steve Peiffle. Council Members Absent: None Also Known to be Present: Randal Southam, Amanda Wadinski Guaren, Sarah Arney, and Doug Buell 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 Airport Commission Appointment Airport Director Dave Ryan spoke to the request to appoint John Branthoover to the airport commission. Council comments followed. This matter is authorized for next week’s consent agenda, dependent upon whether Mr. Branthoover attends. Marketing campaign update Randal Southam of TWENTYFIVE introduced account manager Amanda Wadinski Guaren and provided an update on the city’s marketing campaign. Discussion followed with Mr. Southam answering council questions. Interlocal agreement with the City of Yakima for purchasing Purchasing Coordinator Kurt Patterson spoke to the proposed Interlocal agreement with the City of Yakima for purchasing. The current purchase request is based on the need for police department equipment. This matter is authorized for next week’s consent agenda. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT January 9, 2017 Page 2 of 2 Ordinance prohibiting left turns to/from SR 531 at the Stillaguamish Athletic Club/Weston High School Public Works Director Jim Kelly spoke to the proposed ordinance prohibiting left turns on SR 531 at the Stillaguamish Athletic Club and Weston High School entrance. Brief discussion followed. Resolution to waive bidding requirements and authorize purchase of water meters from a sole source Jim Kelly spoke to the proposed resolution regarding water meters and water meter transponders. This matter is authorized for next week’s consent agenda. Ordinance rescinding 2017 utility rate increases Jim Kelly spoke to the proposed ordinance which rescinds utility rate increases for 2017. Council questions and comments followed. Professional Service Agreement renewal with Shockey Planning Group Interim CED Director Marc Hayes spoke to the request to renew the professional services agreement with Shockey Planning Group who provides consulting services. Brief discussion followed. This matter is authorized for next week’s consent agenda. Professional Services Agreement renewal with Strategies 360 City Administrator Paul Ellis spoke to the request to renew the professional services agreement with Strategies 360 who provides lobbying services. Brief discussion followed. This matter is authorized for next week’s consent agenda. Miscellaneous Council Items Councilmember Schuette commented on the positive feedback she is receiving regarding the Haller restrooms and thanked Sarah, Marc, and staff. The Mayor thanked Councilmember Schuette for the work she has done with Community Transit on the Oso Remembrance Ride. Councilmember Nelson commented on signage being donated by Granite Construction. City Attorney Steve Peiffle noted that it is National Police Officer Appreciation Day. Public Comment None Executive Session None Adjournment The meeting was adjourned at 7:40 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: January 17, 2017 SUBJECT: Sole Source Resolution – Water Meters & Meter Appurtenances ATTACHMENTS: DRAFT Sole Source Resolution DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: Water Operating/Water Capital LEGAL REVIEW: DESCRIPTION: Resolution for the sole source procurement of Sensus water meters and meter appurtenances from Ferguson Waterworks. HISTORY: In 2013, the City adopted a resolution waiving competitive bid requirements on the purchase of Sensus brand water meters as a single source of supply; the resolution was valid for three years. The City continues to only use Sensus water meters on the potable water system and Ferguson Waterworks is the sole representative authorized to sell Sensus Meters in Washington, Oregon, Idaho and Alaska. RCW 35.23.352(9) permits the waiving of bidding requirements for the purchases that are clearly and legitimately limited to a single source of supply. Staff is requesting council to approve the resolution allowing the bid requirements to be waived for the purchase of new and replacement water meters and appurtenances. ALTERNATIVES - Change City water meters to another brand - Remand to staff for further consideration RECOMMENDED MOTION: I move to approve the resolution authorizing the sole source purchase of Sensus water meters and meter appurtenances from Ferguson Waterworks. RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF ARLINGTON TO WAIVE BID REQUIREMENTS FOR THE PURCHASE OF NEW AND REPLACEMENT WATER METERS FOR USE BY THE CITY OF ARLINGTON WATER DEPARTMENT WHEREAS, the City of Arlington Water Department provides its customers with potable water through metered water services; and WHEREAS, to maintain a consistent infrastructure of the water system and to reduce costs associated with retro-fitting existing water services in order to handle multiple types of water meters, a single meter manufacturer is required; and WHEREAS, Sensus Meters (formerly Rockwell Meters) has provided the City of Arlington with approximately 99% of its existing water meters and Ferguson Waterworks is the sole representative authorized to sell Sensus Meters; and WHEREAS, RCW 35.23.352(9) permits the waiving of bidding requirements for the purchase of materials which are clearly and legitimately limited to a single source of supply or services which are subject to special market conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, as follows: Section 1: The City Council of the City of Arlington hereby waives the bidding requirements for the purchase of new and replacement water meters and meter appurtenances for use by the City of Arlington Water Department. Section 2: This resolution will be effective for three (3) years from the date of adoption. APPROVED by the Mayor and City Council of the City of Arlington this _____day of January 2017. CITY OF ARLINGTON ___________________________________ Barb Tolbert, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________________ Kristin Banfield, City Clerk Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: January 17, 2017 SUBJECT: Professional Services Agreement renewal with Shockey Planning Group ATTACHMENTS: Professional Services Agreement with Shockey Planning Group with Amendment DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: Not to exceed budgeted amount of $45,000.00 BUDGET CATEGORY: 558 50 41 00 LEGAL REVIEW: DESCRIPTION: Professional Services Agreement/Scope of work. HISTORY: Shockey Planning Services has been providing consultant services to the City, through a previous agreement since 2015.This new agreement has been updated to meet the City’s insurance requirements. Services provided are mostly related to GMA certification of the Comprehensive Plan, the AAMIC and various elements of the 2017 docket process. ALTERNATIVES Solicit for new consultant services. RECOMMENDED MOTION: I move to approve the Professional Service Agreement with Shockey Planning Group and authorize the Mayor to sign it. PROFESSIONAL SERVICES AGREEMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, is made and entered into in duplicate this____ day of January, 2017, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and SHOCKEY PLANNING GROUP, INC., hereinafter referred to as the "SERVICE PROVIDER." RECITALS: WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth below requiring specialized skills and other supportive capabilities; and WHEREAS, sufficient CITY resources are not available to provide such services; and WHEREAS, the SERVICE PROVIDER represents that the SERVICE PROVIDER is qualified and possesses sufficient skills and the necessary capabilities, including technical and professional expertise, where required, to perform the services and/or tasks set forth in this Agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, the parties hereto agree as follows: 1. Scope of Services. The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as detailed in EXHIBIT "A" attached hereto and incorporated herein (the "Project"). 2. Term. The Project shall begin immediately upon full execution of the agreement, and shall be completed no later than December 1, 2017, unless sooner terminated according to the provisions herein. 3. Compensation And Method of Payment. 3.1 Payments for services provided hereunder shall be made following the performance of such services, unless otherwise permitted by law and approved in writing by the CITY. 3.2 No payment shall be made for any service rendered by the SERVICE PROVIDER except for services identified and set forth in this Agreement. PROFESSIONAL SERVICES AGREEMENT 2 3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this Agreement as follows: SERVICE PROVIDER shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. CITY shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 City shall pay SERVICE PROVIDER for such services: (check one) Hourly: $ __________ per hour, plus actual expenses, but not to exceed a total of $___________ without an amendment to the contract. Fixed Sum: A total amount of $________ in accordance with the Scope of Work, Fee Estimate, and Rate Scheduled included in EXHIBIT A. Other: for all work performed and expenses incurred under this Contract. 4. Reports And Inspections. 4.1 The SERVICE PROVIDER at such times and in such forms as the CITY may require, shall furnish to the CITY such statements, records, reports, data, and information as the CITY may request pertaining to matters covered by this Agreement. 4.2 The SERVICE PROVIDER shall at any time during normal business hours and as often as the CITY or State Auditor may deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the CITY or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The CITY shall receive a copy of all audit reports made by the agency or firm as to the SERVICE PROVIDER'S activities. The CITY may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the SERVICE PROVIDER'S activities which relate, directly or indirectly, to this Agreement. 5. Independent Contractor Relationship. 5.1 The parties intend that an independent SERVICE PROVIDER/CITY relationship will be created by this Agreement. The CITY is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the SERVICE PROVIDER. No agent, employee, servant or representative of the SERVICE PROVIDER shall be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the employees of the SERVICE PROVIDER are not entitled to any of the benefits the CITY provides for its employees. The SERVICE PROVIDER will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. 5.2 In the performance of the services herein contemplated the SERVICE PROVIDER is an independent contractor with the authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the CITY and shall be subject to the CITY'S general rights of inspection and review to secure the satisfactory completion thereof. 6. Service Provider Employees/agents The CITY may at its sole discretion require the SERVICE PROVIDER to remove any employee, agent or servant from employment on this Project. The SERVICE PROVIDER may however employ that (those) individual(s) on other non-CITY related projects. 7. Hold Harmless/Indemnification. 7.1 Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the [sole] negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7.2 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 8. Insurance. The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees. 8.1 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the SERVICE PROVIDER's Commercial General Liability insurance policy with respect to the work performed for the City. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability insurance appropriate to the SERVICE PROVIDER's profession. 8.2 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. c. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 8.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: a. The SERVICE PROVIDER's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the SERVICE PROVIDER's insurance and shall not contribute with it. b. The SERVICE PROVIDER's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 8.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 8.5 Verification of Coverage. SERVICE PROVIDER shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the SERVICE PROVIDER before commencement of the work. 9. Treatment of Assets. Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY shall become the owner of the work product and other documents, if any, prepared by the SERVICE PROVIDER pursuant to this Agreement. 10. Compliance with Laws. 10.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of services. 10.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 11. Nondiscrimination. 11.1 The CITY is an equal opportunity employer. 11.2 Nondiscrimination in Employment. In the performance of this Agreement, the SERVICE PROVIDER will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The SERVICE PROVIDER shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The SERVICE PROVIDER shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 11.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. 11.4 If any assignment and/or subcontracting has been authorized by the CITY, said assignment or subcontract shall include appropriate safeguards against discrimination. The SERVICE PROVIDER shall take such action as may be required to ensure full compliance with the provisions in the immediately preceding paragraphs herein. 12. Assignment/subcontracting. 12.1 The SERVICE PROVIDER shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the CITY, and it is further agreed that said consent must be sought in writing by the SERVICE PROVIDER not less than thirty (30) days prior to the date of any proposed assignment. The CITY reserves the right to reject without cause any such assignment. 12.2 Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines. 12.3 Any technical/professional service subcontract not listed in this Agreement, must have express advance approval by the CITY. 13. Changes. Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. 14. Maintenance and Inspection of Records. 14.1 The SERVICE PROVIDER shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit, by the CITY, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14.2 The SERVICE PROVIDER shall retain all books, records, documents and other material relevant to this agreement, for six (6) years after its expiration. The SERVICE PROVIDER agrees that the CITY or its designee shall have full access and right to examine any of said materials at all reasonable times during said period. 15. Other Provisions. If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate an appropriate amendment. If after thirty (30) days of negotiation, agreement can not be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter. 16. Termination. 16.1 Termination for Convenience. The CITY may terminate this Agreement, in whole or in part, at any time, by at least five (5) days written notice to the SERVICE PROVIDER. 16.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the manner called for in this Agreement, or if the SERVICE PROVIDER fails to comply with any other provisions of the Agreement and fails to correct such noncompliance within five (5) days written notice thereof, the CITY may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the SERVICE PROVIDER setting forth the manner in which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will only be paid for services performed in accordance with the manner of performance set forth in this Agreement. 17. Notice. Notice provided for in this Agreement shall be sent by certified mail to the addresses designated for the parties on the last page of this Agreement. 18. Attorneys Fees and Costs. If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding. 19. Jurisdiction and Venue. 19.1 This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. 19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in Snohomish County, Washington. 20. Severability. 20.1 If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 20.2 If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. 21. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. CITY: SERVICE PROVIDER: CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Kristin Banfield, City Clerk City of Arlington Council Agenda Bill Item: CA #5 Attachment D COUNCIL MEETING DATE: January 17, 2017 SUBJECT: Professional Services Agreement renewal with Strategies 360 ATTACHMENTS: Professional Services Agreement DEPARTMENT OF ORIGIN Administration EXPENDITURES REQUESTED: $36,000 BUDGET CATEGORY: GF—Other General Government Services LEGAL REVIEW: DESCRIPTION: The attached contract and scope of work describes the work to be done by Strategies 360 at the state and federal level from January 1 through December 31, 2017. Strategies 360 has been working on our behalf in Olympia and Washington, D.C. to address some of our immediate and long‐term transportation improvement goals, as well as assist us in economic development and other areas. The continuation of the contract ensures that our best interests are represented in the decision‐making processes of the Washington State Legislature, the Washington State Department of Transportation, the United States Congress, as well as other state and federal agencies. The City budgeted $36,000 for an entire year of lobbying services during the 2016 budget process. HISTORY: The City has been a direct client of Strategies 360 starting in Fall 2012. Prior to that, the City was a client through our participation in the SR9 Coalition. ALTERNATIVES None RECOMMENDED MOTION: I move to approve the contract with Strategies 360 for Lobbying Services for 2017 and authorize the Mayor to sign it. City of Arlington Council Agenda Bill Item: CA #6 Attachment E COUNCIL MEETING DATE: January 9, 2017 SUBJECT: Interlocal Agreement with the City of Yakima ATTACHMENTS: City of Yakima Interlocal Agreement DEPARTMENT OF ORIGIN Finance EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: NA LEGAL REVIEW: DESCRIPTION: Council is being asked to give the Mayor authority to sign an interlocal agreement with the City of Yakima for future purchases. HISTORY: The police department is requesting the purchase of patrol rifles that are available at substantial savings by “piggybacking” on a City of Yakima contract. An interlocal agreement between our two cities is necessary to take advantage of this opportunity. ALTERNATIVES Remand to staff for additional information. RECOMMENDED MOTION: I move to approve the interlocal agreement with the City of Yakima and authorize the Mayor to sign it. INTERGOVERNMENTAL COOPERATIVE PURCHASING A G R E E M E N T Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF YAKIMA and, the _City of Arlington________________, hereby agree to cooperative governmental purchasing upon the following terms and conditions. (1) This Agreement pertains to bids and contracts for supplies, material, equipment or services that may be required from time to time by the City of Yakima and the __ City of Arlington_________________. (2) Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment, and services. Each of the parties hereby agrees that it may, at its sole discretion, extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. (3) Each of the parties shall comply with all applicable laws and regulations governing its own purchases. (4) Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party shall indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. (5) Any purchase made pursuant to this Agreement is not a purchase from either of the parties. This Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create for either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. (6) Nondiscrimination. Both parties agree that they shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation. (7) No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. (8) The Purchasing Manager of the City of Yakima and Purchasing/Security Agent of the _City of Arlington_____________, shall be representatives of the entities for carrying out the terms of this Agreement. (9) This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. (10) Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima City Clerk, or, alternatively, listed by subject on the public agency’s website or other electronically retrievable public source. APPROVED this day of , 20176 APPROVED this day of , 20176 CITY OF YAKIMA By: ___________________(entity) By: Cliff Moore, City Manager Governing Official Subscribed and sworn to me this _____ day of , 20176 Subscribed and sworn to me this______ day of , 20176 Notary Public in and for the State of Washington, residing at . My commission expires . Notary Public in and for the State of _________, residing at . My commission expires . ATTEST: ATTEST: Sonya Claar Tee, City Clerk Name, Title City of Arlington Council Agenda Bill Item: CA #7 Attachment F COUNCIL MEETING DATE: January 17. 2017 SUBJECT: Airport Commission Appointment ATTACHMENTS: Redacted Application DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The Arlington Municipal Airport Staff and Commissioner Selection Committee recommends the appointment of John Branthoover to the Airport Commission. HISTORY: Long time Airport Commissioner, Cheri Carlson, has moved out of the area and submitted her resignation from the Airport Commission. She graciously agreed to stay on until the Selection Committee was able to find a suitable candidate. ALTERNATIVES Approve the recommendation Deny the recommendation Table the item for future discussion RECOMMENDED MOTION: I move to appoint John Branthoover to the Airport Commission. John Branthoover ✔ December 5, 216 (Attach page for additional space) U.S. Air Force Crew Chief Fighter Aircraft 1960 - 1964. Held full A&E ticket. 1965 - 1969 Rocketdyne - Test Engineer, Apollo Space program, engines. 1970 - 1977 Oivetti, an Italian computer equipment company - Engineering support for new products. Lived and worked in Italy for over one year. Traveled throughout Europe providing technical support for company products. 1978 - 1986 - DataSAAB, a Swedish computer company making electronic banking equipment. Provided engineering and technical support to worldwide customer base, Traveled extensively throughout Europe and Scandinavia. 1978 - 1986. DataSAAB was later purchased by Ericsson, another Swedish company. 1986 - 1993. GTE Spacenet. Provided engineering support to users of Spacenet private satellite network. Was later asked to manage ten western region offices in seven western states. Managed and was responsible for operational budget of $45 million and a revenue contribution budget of $22 million. Responsible for all western region P&L. Documentation available on request. John Branthoover Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: NB #1 Attachment G COUNCIL MEETING DATE: January 17, 2017 SUBJECT: Ordinance XXX amending left hand turns on 172nd Ave (SR‐531) ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Ordinance XXX will eliminate left hand turns from 172nd Street into the Weston School and the Stillaguamish Athletic Club access driveway and restrict turning movements from the access drive onto 172nd St to right in and right out only. HISTORY: Due to heavy traffic congestion on 172nd St (SR‐531) and the high number of accidents at the access drive to Weston School and the Stillaguamish Athletic Club, the City has worked with WSDOT to prohibit left turn movements into the access drive. Since this state route is part of a City street, the City must provide an ordinance restricting the turning movements at milepost 7.3 on SR‐531 before WSDOT can erect the appropriate signage. This change will effectively prohibit all vehicle left turn movements into or out of the property and reduce traffic accidents and congestion at this location. ALTERNATIVES - Remand to Staff for reconsideration - Do not Install Right Turn Restriction RECOMMENDED MOTION: I move to approve the proposed ordinance prohibiting left hand turns on east bound SR‐531 at mile marker 7.3 and restricting turns in to and out of the drive access located on the north side of SR‐531 mile post 7.3 to right‐in and right‐out only. ORDINANCE 2017-_____ 1 ORDINANCE NO. 2017-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON MODIFYING ACCESS TO A PROPERTY BORDERING STATE ROUTE 531 WHEREAS, the City of Arlington, Washington, has the authority to enact laws to regulate vehicles and traffic within the city; and WHEREAS, the Washington State Department of Transportation has requested to modify access to/from and property bordering State Route 531 to promote traffic movement and safety, NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Vehicle access to/from a property along the north side of SR-531 located at milepost 7.3 shall be restricted to right-in and right-out movements only, effectively prohibiting all vehicle left turn movements into or out of the property. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law and upon approval by the Washington State Department of Transportation as required by law. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF ________________, 2017. CITY OF ARLINGTON, WASHINGTON _________________________________ Barbara Tolbert, Mayor ATTEST/AUTHENTICATED: APPROVED AS TO FORM: _______________________________ _____________________________ Kristin Banfield, City Clerk Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #2 Attachment H COUNCIL MEETING DATE: January 17, 2017 SUBJECT: Amend AMC 13.12 rescinding the scheduled 2017 CPI increase to the water, sewer, and stormwater utility rates. ATTACHMENTS: DRAFT Ordinance 2017‐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 2017 mandatory water, sewer, and stormwater utility rate increases. HISTORY: AMC 13.12.040 mandates that the water, sewer, and stormwater 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 2017. 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 2017 CPI increase to the water, sewer, and stormwater utility rates. ORDINANCE 20176-XXX 1 CITY OF ARLINGTON ORDINANCE NO. 20176-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 20176; and WHEREAS, the City wishes to defer rescind the planned utility rate increases for 2014201520176; 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, 20187; 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 20176-XXX 2 made for the period from January 15, 2012 to January 14, 20187, 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 2014-20176 RATE Base rate per residential unit $57.45 $ 62.80 $ 68.15 $ 70.15 $70.15 Beginning on January 15, 20187, the rates set forth for the year 20176 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 20176-XXX 3 Monthly charge (sewer) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-20176 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, 20187, and on January 15th each year thereafter the rates set forth for the year 20176 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 20176-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 2014-20176 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 2014-20176 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, 20187, 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 20176-XXX 5 Sewer charge (monthly) 2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014-20176 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, 20187, 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 20176-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, 20187, the rates set forth for the year 20176 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 2014-20176 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, 20176. ORDINANCE 20176-XXX 7 PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF _____________, 20176 CITY OF ARLINGTON By___________________________________ Barbara Tolbert, Mayor Attest: ________________________________ Kristin Banfield, City Clerk Approved as to form: __________________________________ Steven J. Peiffle, City Attorney