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HomeMy WebLinkAbout10-15-18 Council MeetingProclamation Friends of Libraries Week WHEREAS, Friends of the Arlington Library raise money that enables our library to move from good to great -- providing the resources for additional programming, much needed equipment, support for children’s summer reading, and special events throughout the year; and WHEREAS, the work of the Friends highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present; and WHEREAS, the Friends understand the critical importance of well funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials, along with expert assistance in research, readers’ advisory, and children’s services; and WHEREAS, the Friends’ gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community. NOW THEREFORE, I Barbara Tolbert, Mayor of Arlington, do hereby proclaim October 21-27, 2018, as FRIENDS OF LIBRARIES WEEK in Arlington, Washington and urges everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better. _________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 3 Council Chambers 110 East Third St October 1, 2018 Council Members Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Debora Nelson, Sue Weiss, Jesica Stickles, and Joshua Roundy. Council Members Absent: None. City Staff Present: James Trefry, Jonathan Ventura, Dave Kraski, Jim Kelly, Sheri Amundson, Kristin Banfield, and City Attorney Steve Peiffle. Also Known to be Present: Mayor Pro Tem Marilyn Oertle called the meeting to order at 7:00 pm, and the pledge of allegiance followed. APPROVAL OF THE AGENDA Councilmember Debora Nelson moved and Councilmember Jan Schuette seconded the motion to approve the agenda. The motion passed unanimously. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT None. CONSENT AGENDA Councilmember Debora Nelson moved and Councilmember Sue Weiss seconded the motion to approve the Consent Agenda which was unanimously carried: 1. Minutes of the September 17 and September 24, 2018 Council meetings. 2. Accounts Payable: Approval of EFT Payments and Claims Checks #94925 through #95023 dated September 25, 2018 through October 1, 2018 for $844,268.94. 3. Authority to apply for City of Arlington Tourism Grant. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting October 1, 2018 Page 2 of 3 PUBLIC HEARING None. NEW BUSINESS Interlocal Agreement and Resolution with South Snohomish County Regional Fire Authority for Purchase of Power Cots Acting Fire Chief reviewed the proposed interlocal agreement and resolution with South Snohomish County Regional Fire Authority for Purchase of Power Cots. The Arlington Fire Department was recently awarded a FEMA Assistance to Firefighters Grant for 3 EMS power lift cots. The total grant award is $124,615.00 with a required 5% department match of $6,230.00. South County has recently purchased 18 of these units and conducted an extensive product review and secured a purchase price that is advantageous for us to continue. The grant award will cover almost all of the project. Staff is asking council to approve the use of Ambulance Utility Fees to cover the required grant match and installation fees estimated at $10,230.00. Discussion followed. Councilmember Sue Weiss moved and Councilmember Jesica Stickles seconded the motion to approve the interlocal agreement and resolution allowing the fire department to participate in a cooperative purchase with South Snohomish County Regional Fire Authority for EMS power cots and authorize the Mayor to sign the interlocal agreement and resolution. The motion passed unanimously. Fire Station #48 Lease In the City Administrator’s place, Human Resources Director James Trefry reviewed the proposed lease for Fire Station #48. The City’s current lease expired on September 30, 2018. Fire Station #48 has been sold and will close escrow on October 3, 2018. The new landlord is extending the City’s existing lease agreement for a final three year term with no cost increase. In exchange, the Fire Department will abandon some of the space it is currently occupying. Discussion followed. Councilmember Jesica Stickles moved and Councilmember Sue Weiss seconded the motion to approve the Fire Station #48 lease agreement and authorize the Mayor to sign it. The motion passed unanimously. Amendment to Interlocal Agreement with Snohomish County for Tourism Promotion Area (TPA) In the City Administrator’s place, Human Resources Director James Trefry reviewed the proposed first amendment to the Interlocal Agreement for the Snohomish County Tourism Promotion Area (TPA). The amendment will increase the lodging charge from $1.00 per day to $2.00 per day within the TPA. The revenue can be used for land acquisition and or infrastructure improvements designed to increase tourism and convention business. Discussion followed. Councilmember Debora Nelson moved and Councilmember Jesica Stickles seconded the motion to approve the interlocal agreement amending the lodging charges for the Snohomish County Tourism promotion area, and authorize the Mayor to sign it. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting October 1, 2018 Page 3 of 3 Resolution Declaring an Emergency with the Failing Condition of the Farmstead Estates Water Main Public Works Director Jim Kelly reviewed the emergency declaration for the Farmstead Estates water system repair and award of the infrastructure repair work to Reece Construction. On July 21, 2018 City staff responded to a water main break on Keith Lane. After the water main was excavated, staff discovered that the underside of the ductile iron water pipe was badly corroded and leaking – outer layers of the pipe were breaking off in the worker’s hand. A repair sleeve was placed over the leak, the leak was slowed down but not fully stopped. Later excavation of the water main at other areas within the Farmstead Estates community revealed similar corrosion; the extent of corrosion stops near the community’s tie‐in to the 204th St. NE water main. This water main is currently leaking and needs to be repaired immediately. Discussion followed. Councilmember Joshua Roundy moved and Councilmember Mike Hopson seconded the motion to adopt the resolution declaring an emergency for the Farmstead Estates failing water system and waiving competitive bidding requirements, award the infrastructure repair and replacement work to Reece Construction Company in the amount of $345,000 and authorize the Mayor to sign the construction contract, pending final review by the City Attorney. The motion passed unanimously. ADMINISTRATOR & STAFF REPORTS Human Resources Director James Trefry announced that the Council’s notebooks for the October 6, 2018 Budget Retreat have been distributed. DISCUSSION ITEM None. MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:16 p.m. ______________________________________ Marilyn Oertle, Mayor Pro Tem October 6, 2018 Arlington City Council Chambers Councilmembers Present: Mike Hopson, Debora Nelson, Jan Schuette, Joshua Roundy, Sue Weiss, Jesica Stickles, and Marilyn Oertle. Council Members Absent: None. Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Garcia, Jonathan Ventura, Dave Kraski, Jim Kelly, Marc Hayes, Dave Ryan, James Trefry, Bryan Terry, Kristin Banfield and City Attorney Steve Peiffle. Also Known to be Present: Sarah Arney Retreat facilitator, Steve Peiffle, called the meeting to order at 9:00 a.m. Mr. Peiffle began by requesting the expectations for the retreat from the attendees. The expectations of the attendees included ensuring the Council and staff are moving the city in the right direction, a discussion on the AMMIC and the need for housing, an expanded view of public safety including streets and parks, sustainability, and investments in the community that make it a great place to live. 2019 – 2020 Budget With the use of a PowerPoint presentation, City Administrator Paul Ellis and Finance Director Kristin Garcia gave an overview of the 2019‐2020 proposed budget including financial assumptions for the next ten years, general revenue assumptions for 2019‐2020, grant revenue for 2019‐2020, fire district contracts for fire and or EMS services, general expenditure assumptions including staffing, capital investments, equipment replacements, and new program requests. Discussion occurred throughout the presentation with Mr. Ellis and Ms. Garcia answering Council questions. Discussion continued on the remaining issues, including property eligible to be annexed to the city, surplus property sales information, a revision to the City’s policy of the use of one time revenues, and contract limits for staff and elected officials under current policy. Ms. Garcia reviewed the next steps in the budget process to final adoption. With no further items to discuss, the retreat was adjourned at 2:00 p.m. ____________________________ Barbara Tolbert, Mayor Minutes of the Arlington City Council Budget Retreat City of Arlington Council Agenda Bill Item: CA #3 Attachment C COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Arlington Youth Council Appointments ATTACHMENTS: Redacted applications DEPARTMENT OF ORIGIN Administration; Sarah Lopez EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Staff recommends appointing the following students to the Arlington Youth Council: Alec Villa, Grace Williams, Victoria Wilde, Enija Reed, Jaea Davidson, Olivia Saenz, and Olivia Weaver. Alec, Grace and Victoria are returning members. HISTORY: Youth in grades 8‐12 who reside in the Arlington School District or have an Arlington address are eligible to apply to the Arlington Youth Council. The Youth Council was created in 2016 as a strategy for community revitalization and to give the youth a voice in city government. ALTERNATIVES: Reject applicants. RECOMMENDED MOTION: I move to confirm the appointments of Alec Villa, Grace Williams, Victoria Wilde, Enija Reed, Jaea Davidson, Olivia Saenz, and Olivia Weaver to the 2018‐2019 Youth Council. 8/14/18 11th Arlington High School Robin Villa Travis Pachosa Alec Villa Arlington Scott Moberly Dram a Club President- every other Thursday right after school. S houldn’t interfere with our meetings. The spring musical and possibly the fall play- also shouldn’t interfere with our meetings. Work at Calvin Klein- I asked for Thursday’s to have off this school year so I shouldn’t have a problem with that. Flight advanced choir- we meet in the mornings before school so there shouldn’t be a problem there. Well this would be my 3rd year and I’m just excited to get something big done his year. 8/14/18 Yes 8/14/2018 10 arlington high school natalie hollifield Cheri enija reed arlington alice smithson S chool activities that I am involoved in include, track and field, previously cross country, and currently wrestling. outside of school, I work at the stilly diner and I do volleyball for the boys and girls club. My interests are traveling and writing, taking pictures and drawing. I want to be more involved in m y com munity and have life experience with people for later on. I want to help fix all the things that I don't like. I like that we learn from the things that we fail at, reasons that we can't describe. I like the teachers and the physical com munity. 8/14/2018 X 8/14/2018 8/24/2018 11 Arlington High School Andrea Williams Ella Eskridge Grace Williams Arlington Wesley Klein N/A I am involved in a job of lifegaurding and working as a swim instructor to try and teach kids and in akso in the band so I have a lot of connection to the high school and a large part of the student body. I also do a little bit of drama but stay inside the pit. I also am involved in National Honors society I was already in it and I would love to do it again. Especially to continue our project. I like that our town has problems that bring us together and that we as a community are trying to fix and are trying to solve and we all come together when we can N/A 8/24/18 Yes 8/24/18 8/14/18 11 Arlington high school Jamie Chadwick Angela Dye Jaea Davidson Arlington Jason Kranz I am a two year varsity letter for the Arlington Fastpitch team. I play select travel Fastpitch as well, going into my fourth year. I dream of playing at college level. I have held two positions of employment first being at Arlington family medicine before they converted to S kagit heath care. Most currently, working at the Arlington papa Murphy’s. I love to read and enjoy spending time with my family and friends. I am seeking a position to get involved. I have lived in Arlington my whole life, as well as m y parents and grandparents. I think getting more involved with the com munity would be a great opportunity to learn more about this wonderful town and grow as a person. I love the sm all town feel that it still has. That you can find everything you really need with out leaving. I love that on a Friday night most the town can still be found at a football gam e. It’s like som ething you see in the movies, it doesn’t seem to really exist that much these days but I feel fortunate that I get this experience. Thank you for considering m e! 8/26/18 9 Arlington High School Melanie Smith Holly Christmas-Harris Olivia Saenz Arlington Rachel Harrington I am involved in girls basketball, however I will not be playing this year due to a shoulder injury. Basketball is everyday after school for a few hours starting in November and ending in March. S ome of my hobbies are reading! I love to read and when I find a good book I can read it in one sitting! I also really enjoy the just hanging out with my friends and family! I am seeking appointm ent to AYC because I want to doing something different and I want to meet new people! Also, I want to be able to do m ore in my town! I would absolutely love to be able to volunteer and help out! I like that my town is sm all! Having a small town where everyone knows everyone is really nice because then it makes the town feel like a fam ily! I also love when there are town events! They are just so much fun to go to, there is always lots to do so no one ever gets bored! August 24, 2018 12th Arlington High School Lisa Weaver Alec Villa N/A Olvia Weaver Arlington, WA N/A Byron Waggoner When I first m oved to Arlington during my sophomore summer of high school I quickly got involved in the drama departm ent at the high school. I am still participating in the drama department but have also decided to run for AS B as secretary. Also upon entering my junior year I was accepted into the National Honors S ociety and have been doing lost of com munity service through the program. Although I'm not exactly sure how many hours a week I spend doing those activities, I know I'm always thinking of ways that I can improve my school through my position in AS B and how to enhance the com munity of Arlington. I am also heavily involved in my church through my youth group. Through m y church, I have been able to m ake connections and personal relationships with many people in the comm unity. And although it is kind of odd I would say that is one of m y hobbies, being around people and socializing. I want to potentially have a lasting impact on and give back to a community that has given me so much. By being apart of the Arlington Youth Council I believe that I can fulfill that. Also, by joining this council I will be able to not only practice the leadership skills I currently have but gain new skills that I will be able to use m oving forward into college and m y future career. What I love about Arlington is the small town feel and how involved the community is in the event it holds. In som e of the larger cities, it is hard to get that sam e feeling. I am a dedicated worker and one place that it shows would be in my grades. I have a GPA of 3.9 and am com mitted to maintaining that. I am also passionate about the youth being involved in the community they live in, and through that hopefully shifting many of the negative point of views that some adults have about the youth. 8/26/18 yes 8/26/18 09-02-18 10 Marysville pilchuck high school Kathy Wilde CDR Randy Brasfield Victoria Wilde Arlington Mrs. Walker Basketball for the school every weekday from 230-5 December-march Band which includes an hour of after school practice every day Last year I completed over 150 hours of community service Reapply Everyone knows everyone and our council is making good strides to ensure the health of youth. N/A September 4, 2018 12th Arlington High School Kim Deisher-Allen Chris Mirante Kayl Allen Kristi Larson A few of the activities I participate in include National Honor S ociety, Link Crew, JROTC, and soccer. I put in at least 30 hours a sem ester volunteering my tim e for community events, such as the Arlington Education Foundation S anta Breakfast and the Eagle Creek Color Run. In Link crew I have had the opportunity to meet new people, improve my communication skills, and help the freshm an understand life at the high school. Being part of the high school soccer team has helped m e develop the ability to work with others, be supportive and show great sportsmanship. This will be first year in JROTC and I am looking forward to the skills I will learn from this class. Outside of school, I work for a landscaping company (AND my dads logging company) and play soccer year round for a select club. My hobbies include soccer, fishing, riding dirtbikes, restoring m y grandpas old truck and spending tim e with m y friends. All of these hobbies give m e a chance to practice getting along with others, problem solve, and keep me active. I would like to have a voice in this community so that I (and others) can m ake a difference! I love the spirit and pride carried by this town. It shows at every comm unity event and activities/sports at Arlington High S chool. I think that by being a part of Arlington Youth Council, I will gain valuable knowledge on how governm ent runs and gain leadership skills. These skills will play a large factor in my future goals to earn an appointm ent to the United S tates Air Force Academy. 9-5-18 X 9-5-18 City of Arlington Council Agenda Bill Item: CA #4 Attachment D COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Grant Acceptance from Stillaguamish Tribe for Purchase of EMS Equipment ATTACHMENTS: None DEPARTMENT OF ORIGIN EMS; Dave Kraski EXPENDITURES REQUESTED: $22,000.00 BUDGET CATEGORY: EMS Equipment BUDGETED AMOUNT: Not budgeted, grant funded LEGAL REVIEW: DESCRIPTION: Council is asked to consider approval of the fund expenditure received from a Stillaguamish Tribal Impact Grant to purchase a LUCAS CPR device. The grant request was for $22,000.00 and we will fully expend all funds. HISTORY: In June of 2018 the Arlington Fire Department submitted a Community Impact Grant to the Stillaguamish Tribe of Indians requesting funds to purchase a specific piece of EMS equipment. We were successful in that request and are now seeking approval for a budget amendment to fully expend those funds in the amount of $22,000.00. ALTERNATIVES: Take no action. This would prevent participation in wildland deployments. RECOMMENDED MOTION: I move to accept the grant from the Stillaguamish Tribe for purchase of EMS equipment, and authorize staff to move forward with the EMS equipment purchase. City of Arlington Council Agenda Bill Item: NB #1 Attachment E COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Civil Service Commissioner Appointment ATTACHMENTS: Redacted application of Michele Blythe DEPARTMENT OF ORIGIN Human Resources; James Trefry – 360‐403‐3443 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Civil Service Commissioner Selection Committee interviewed six candidates for the open position on the Civil Service Commission. After discussion of the candidates’ experience and qualifications, it was determined that Michele Blythe had the most relevant experience and was the best choice for the position. HISTORY: A position on the Civil Service Commission became vacant in February 2018, when Commissioner Steve Peterson resigned. ALTERNATIVES: Remand to staff for further information. RECOMMENDED MOTION: I move to appoint Michele Blythe to fill the vacant position on the Civil Service Commission. City of Arlington Council Agenda Bill Item: NB #2 Attachment F COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Purchase and Sale of Washington Avenue surplus property ATTACHMENTS: Purchase and Sale Agreement DEPARTMENT OF ORIGIN Administration – Paul Ellis; 360‐403‐4603 EXPENDITURES REQUESTED: BUDGET CATEGORY: Capital Facilities BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The four lots on Washington between 1st and 2nd Street were surplussed by City Council and listed for sale with Keller Williams. The property was offered for sale for $800,000. The City received one offer from DGM Partners, LLC for the full sale price. The buyer deposited $80,000 in earnest money with the closing agent. Staff is proposing that a portion of the proceeds from the sale be used to: Relocate the community garden (NOT TO EXCEED $21,000) Purchase a storage building for Friends of the Library use (NOT TO EXCEED $7,500) HISTORY: The City owns four parcels on the west side of Washington Avenue between 1st Street and 2nd Street. Two of the lots are undeveloped, one lot accommodates the community garden and some storage. The corner lot on 1st and Washington has a single family dwelling which was rented on a month to month lease. The dwelling was constructed in 1953 and currently is in need of repairs and updating. Staff is currently working on a Memorandum of Understanding (MOU) with the Arlington School District to relocate the community garden to the corner of 3rd and French Ave on school district property. The property is zoned Old Town Residential District and would accommodate additional housing units. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: I move to approve the sale of the four parcels on the west side of Washington Avenue, and authorize the Mayor to sign the purchase and sale documents pending legal review. City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Purchase and Sale of York Park surplus property ATTACHMENTS: Purchase and Sale Agreement DEPARTMENT OF ORIGIN Administration – Paul Ellis; 360‐403‐4603 EXPENDITURES REQUESTED: BUDGET CATEGORY: Parks Capital Fund BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: City Council declared .56 acres at York Park as surplus. The property was listed for sale with Keller Williams Realtors for $195,000. The city received an offer from Hansen/Occhiuto for $200,000. The purchaser secured the offer with $10,000 earnest money with the closing agent. HISTORY: The 1.7 acre York property located at 3209 180th Street was purchased by the City in 2000. Approximately 1.14 acres was developed into York Park in 2004, with the remaining .56 acres set aside for future parks development. The remaining .56 acres has a single family home constructed in 1952 and an out building that has been used by the City for storage. The remaining undeveloped .56 acres of the York Property would accommodate up to three new single family homes with the existing building removed. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: I move to approve the sale of the York property, and authorize the Mayor to sign the purchase and sale documents pending legal review. City of Arlington Council Agenda Bill Item: NB #4 Attachment H COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Interlocal Agreement with Snohomish County for Joint Operations and Maintenance of Twin Rivers Park ATTACHMENTS: Draft Interlocal Agreement DEPARTMENT OF ORIGIN Administration; Sarah Lopez EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The agreement defines the responsibilities of the County and the City for the joint operation and maintenance of Twin Rivers Park, a Snohomish County Park. This is a 5 year agreement. HISTORY: The City and County have had a joint operation and maintenance agreement in place for over 30 years. The City performs regular maintenance at the park, and County makes major repairs and manages the trails. ALTERNATIVES: Do not accept the interlocal agreement as drafted. RECOMMENDED MOTION: I move to approve the Interlocal Agreement with Snohomish County for joint operations and maintenance of Twin Rivers Park, and authorize the Mayor to sign the agreement. City of Arlington Council Agenda Bill Item: NB #5 Attachment I COUNCIL MEETING DATE: October 15, 2018 SUBJECT: Interlocal Agreement with Arlington School District for Community Garden Space ATTACHMENTS: Draft Interlocal Agreement with Arlington School District for Community Garden DEPARTMENT OF ORIGIN Administration; Sarah Lopez EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The current community garden on city property is being vacated due to sale of the property. The School District has agreed to allocate a portion of property at 505 E. Third Street (Presidents Elementary) for a community garden to be managed by the City of Arlington with volunteers. There is opportunity for more than 31 raised beds, area for school gardens, and area for larger plants such as berries and fruit. This is an opportunity to showcase the benefits of growing food and will provide urban residents space to do so in a park‐like setting that is open to the public. The garden will have seating areas and interpretive educational signage. HISTORY: The community garden has been a successful program managed by volunteers over the past 16 years. Community members can rent raised garden plots for a season and are encouraged to give extra produce to the food bank. ALTERNATIVES: Do not accept this location for a community garden. RECOMMENDED MOTION: I move to approve the Interlocal Agreement with Arlington School District for Community Garden Space, and authorize the Mayor to sign the agreement. Inter-Local Agreement – Community Food Park Arlington School District No. 16/City of Arlington 2018   INTERLOCAL AGREEMENT BETWEEN THE CITY OF ARLINGTON AND ARLINGTON SCHOOL DISTRICT NO. 16 CONCERNING COMMUNITY GARDEN THIS AGREEMENT, made and entered into this day of , 2018 by and between ARLINGTON SCHOOL DISTRICT NO. 16 (hereinafter referred to as “School District”) and the CITY OF ARLINGTON (hereinafter referred to as the “City”); WITNESSETH: WHEREAS, the Arlington Community Garden is currently located on City of Arlington property; and WHEREAS, Arlington School District is the owner of property located at Presidents Elementary School, on the corner of 3rd Street and French Avenue; and WHEREAS, the City is seeking to relocate and expand the Community Garden Program at a new location; and WHEREAS, the Community Garden would be available to staff and students and community members; and WHEREAS, the Garden will provide recreational and educational opportunities for students, and community members and allow for growing healthy foods; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the City and Arlington School District hereby agree as follows: ARTICLE I. PURPOSE This purpose of this agreement is to formalize an agreement whereby the City will create a community garden in a location on school property. The garden will be managed by the City of Arlington. The garden will be shared by school staff, students and community members. The garden will be available to the public as a public park daily from dawn to dusk. Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Inter-Local Agreement – Community Food Park Arlington School District No. 16/City of Arlington 2018   ARTICLE II. CITY OF ARLINGTON RESPONSIBILITIES The City agrees to: 1. Construct raised planter boxes for the purpose of community garden activities. 2. Provide irrigation water supply and pay for water usage for the community garden. 3. Provide trash receptacle and yard waste recycling and provide regular service. 4. Manage space assignments and volunteers. 5. Mow/ trim inside the garden boundaries as needed 6. Provide informational signage 7. Maintain all fixtures and improvements in good condition and repair 8. Install 36 inch tall black vinyl coated chain link fence to separate parking area of Administration Building and garden. ARTICLE III. SCHOOL DISTRICT RESPONSIBILITIES The School District agrees to: 1. Provide property as describes in attached Exhibit “A” for use as a community garden. 2. Allow access to the public every day of the week, from dawn to dusk . 3. Manage and maintain any garden areas dedicated to Presidents Elementary ARTICLE IV. AGREEMENT BETWEEN BOTH PARTIES Both the School District and the City agree: 1. Meet when issues arise and discuss acceptable solutions. ARTICLE V. TERM AND TERMINATION This agreement shall become effective upon execution and shall This agreement may be terminated by either party upon ninety (90) days written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this agreement. This agreement may be terminated without cause by either party upon one hundred eighty (180) days written notice. Termination of this agreement may only be accomplished as provided herein unless otherwise agreed in writing. Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Inter-Local Agreement – Community Food Park Arlington School District No. 16/City of Arlington 2018   ARTICLE VI. NOTICES Whenever any party desires or is required by law to give notice unto the other party, notice shall be mailed or delivered to: Superintendent Arlington School District No. 16 315 N French Ave. Arlington, WA 98223 City Administrator City of Arlington 238 N Olympic Ave. Arlington, WA 98223 ARTICLE VII. GOOD FAITH The Superintendent, the Mayor, their agents and employees agree to cooperate in good faith in fulfilling the terms of this agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent and the City Administrator or their designees. ARTICLE VIII. MODIFICATION This document constitutes the full understanding of the parties and no terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by all parties. ARTICLE IX. MISCELLANEOUS 8.1 PROPERTY OWNERSHIP: All property acquired by any party to enable it to perform the services required under Agreement shall remain the property of the party acquiring the property in the event of the termination of this Agreement, except as may be otherwise agreed in writing. 8.2 NO SPECIAL DUTY CREATED: The duties of the parties hereto under the provisions of this Agreement are duties owed to the public generally and by the entering into this Agreement, no party shall have or owe a special duty to any other party. 8.3 LIABILITY: Each of the parties shall, at all times, be solely responsible for the acts or the failure to act of its personnel that occur or arise in any way out of the performance of this Agreement by its personnel only and to save and hold the other party and its personnel and officials harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's personnel relating to the performance of this Agreement. Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, Bold Formatted: Centered Formatted: Font: (Default) Times New Roman Formatted: Indent: Hanging: 0.01" Inter-Local Agreement – Community Food Park Arlington School District No. 16/City of Arlington 2018   8.4 SEVERABILITY: If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected. Formatted: Font: (Default) Times New Roman, 12 pt Inter-Local Agreement – Community Food Park Arlington School District No. 16/City of Arlington 2018   IN WITNESS WHEREOF, the parties have caused the execution of this agreement on the day, month, and year above first written. SCHOOL DISTRICT By: Dr. Chrys Sweeting, Superintendent Arlington School District No. 16 CITY OF ARLINGTON By: Barbara Tolbert, Mayor Date: Date: Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Times New Roman