HomeMy WebLinkAbout01-07-19 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403‐3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Erin
APPROVAL OF THE AGENDA
Mayor Pro Tem Marilyn Oertle
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
Mayor Pro Tem Marilyn Oertle
1. Minutes of the December 17, 2018 council meeting ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
NEW BUSINESS
1. City Clerk appointment ATTACHMENT B
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Marilyn Oertle
2. Ordinance adding Information Technology Director to the ATTACHMENT C
Arlington Municipal Code
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Marilyn Oertle
3. ATTACHMENT D Appointment of Bryan Terry to Information Technology Director
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Marilyn Oertle
Arlington City Council Meeting
Monday, January 7, 2019 at 7:00 pm
City Council Chambers – 110 E 3rd Street
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 711 (TDD only) prior to the meeting date if special accommodations are required.
4. Reappointment of Mayor Dan Rankin to serve as Snohomish Health ATTACHMENT E
District Board of Health Representative for all small cities in County
Council District #1
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Marilyn Oertle
5. Interlocal Agreement with Snohomish County ATTACHMENT F
Department of Emergency Management
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Marilyn Oertle
6. Interlocal Agreement with Snohomish County Health District ATTACHMENT G
for per capita for 2019
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Marilyn Oertle
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
DRAFT
Page 1 of 5
Council Chambers
110 East Third Street
December 17, 2018
Councilmembers Present: Mike Hopson, Debora Nelson, Joshua Roundy, Jesica Stickles,
Sue Weiss, Jan Schuette and Marilyn Oertle.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Dave Kraski, James Trefry, Jim
Kelly, Steve Peiffle, Sarah Lopez, Theresa Ramey, Sheri Amundson, Nalini Margaitis,
Matt Urtz, Bob Beam, Scott Hillis, J.J. Wakefield, Cary Stuart, Keenan Metcalfe, Rein Frankie,
Seth Kinney, and Erin Keator.
Also Known to be Present: Fire Chief Dave Kraski’s family members and friends, Doug
Buell, Robert Morlock, MB Enert, B. Chandler, Christina Roberts, Ron Hiatt, Michael Sahlbom,
Susan Woods-Long, Kolyh Braaten, Eric Connell, Nicole Hale, Dan Woolard, Bonnie Woolard,
Dawn Ruiz, Blaine Halverson, Brian Woolard, Bob Kraski, Steve Kraski, Cody Kraski, Jordan
Kraski, Olivia Kraski, Denise Kraski, Betty Ann Chandler, Mary Beth Emerd, Mary Jean Kraski,
Sonya Kraski and Sarah Arney. Webelo Troop 29 and parents.
Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance, led
by Webelos Troop 29 member David and roll call followed.
APPROVAL OF THE AGENDA
Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the
motion to approve the agenda. The motion passed unanimously.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Tolbert welcomed the Webelos troop 29.
PROCLAMATIONS
None.
PUBLIC COMMENT
None.
CONSENT AGENDA
Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the
motion to approve the Consent Agenda which was unanimously carried:
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting December 17, 2018
Page 2 of 5
1. Minutes of the December 3 and December 10, 2018 council meetings.
2. Accounts Payable: Accounts Payable: Approval of EFT Payments and Claims
Checks #95527 through #95659 dated December 4, 2018 through
December 17 2018 for $1,109,119.11 and approval of Payroll EFT Payments
dated November 1, 2018 through November 30, 2018 for $1,400,392.72.
PUBLIC HEARING
Adopt ordinance amending the 2018 budget
Through the use of a PowerPoint presentation Finance Director Kristin Garcia reviewed the
proposed budget amendments for 2018. 60% of the amendments are related to
1) closing/restructuring funds by moving ending fund balances to the new fund and
2) transferring operating money to respective reserve funds. 25% of the amendments are
for capital outlay, the majority of which are for projects previously approved in the 2017
budget.
The public hearing was opened at 7:08 p.m. With no one wishing to speak the public hearing
was closed at 7:08 p.m.
Discussion followed. At this time Finance Director Garcia answered Council questions.
Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the
motion to adopt the proposed ordinance amending and supplementing the 2018 budget of
the City of Arlington; providing transfer and adjustment authority and declaring an
emergency, and authorize the Mayor to sign it. The motion passed unanimously.
NEW BUSINESS
Non-exempt pay plan
Human Resources Director James Trefry is proposing the adoption of a revised salary
schedule for the City’s non‐represented employees not under contract. The proposed
schedule provides the same 12‐step pay structure as 2018, with the addition of “City
Clerk/Human Resources Analyst” (formerly “Human Resources Analyst), “Communications
Manager” (formerly “Communications Manager/City Clerk”), “IT Director” and the deletion
of “Airport Intern”, “Engineering Technician”, “Engineer I”, “Engineer II” (these are all
bargaining unit positions) and “Recreation/Communications Manager”. This change does
not result in any current budget impact. Starting with Step G5M, a 3.3% market adjustment
was applied. From there steps 1‐4 are 3% less, and steps 6‐ 12 are 2% more. Pay grades are
built upon Step G5M with 8% increase per grades H‐M, 6% increase for grade N, 15.55%
increase for grade O (beginning of the director levels), 5% increase for grades P‐Q, 4.55%
increase grade R and 13% increase for grade AA. All salaries were then rounded to the
nearest dollar. For 2019, the market adjustment was applied to the annual amount ‐ in the
past it was applied to the hourly rate due to constraints in BIAS. All salaries are now based
on the yearly amount and are then backed into the monthly/ hourly rates. Seasonal
Maintenance Laborers are the same rate as 2017 and 2018. Mayor Pro Tem Marilyn Oertle
moved and Councilmember Mike Hopson seconded the motion to approve the proposed
salary schedule for non-represented employees for 2019. The motion passed unanimously.
Fire Chief employment agreement
Human Resources Director James Trefry reviewed the Fire Chief employment agreement
with Dave Kraski to serve as Fire Chief in accordance with AMC 2.36.002. Mr. Trefry
Minutes of the City of Arlington City Council Meeting December 17, 2018
Page 3 of 5
highlighted Mr. Kraski’s fire career at the City of Arlington and his ties to the community.
Councilmembers expressed thankfulness for his service as Acting Fire Chief over the past 15
months. Mayor Pro Tem Marilyn Oertle moved and Councilmember Jesica Stickles seconded
the motion to confirm the employment agreement for Dave Kraski to serve as Fire Chief, and
authorize the Mayor to sign the agreement. The motion passed unanimously.
Oath of Office / Badge pinning
City Attorney Steve Peiffle administered the oath of office to Fire Chief Dave Kraski. Chief
Kraski’s daughters, Oliva and Jordan, performed the badge pinning.
York property purchase and sale agreement
City Administrator Paul Ellis reviewed the York property purchase and sale agreement. 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 a cash offer from Grandview North
for the full purchase price, with $2,000 in earnest money. Discussion followed with
Councilmember Roundy expressing concern about selling the property prior to having it
rezoned; Councilmember Sue Weiss concurred. Mayor Pro Tem Marilyn Oertle moved and
Councilmember Jan Schuette seconded the motion to approve the sale of the York property,
and authorize the Mayor to sign the purchase and sale documents pending legal review. The
motion passed 5-2, with Councilmembers Hopson, Nelson, Stickles, Schuette and Oertle
voting for and Councilmembers Weiss and Roundy voting against.
Art benches for Arlington Valley Road
Community Revitalization Manager Sarah Lopez reviewed the recommendation for adding
two benches, and incorporating art into the design of the benches, to the new Arlington
Valley Road. The new road has a multi‐use trail and adding the artistic benches will improve
the corridor; a Complete Street. The recommended benches are by Arlington stone artist
Verena Schwippert. Verena has also created “Waterline” and “Salmon Spawning Pool bench,”
art pieces that are installed on the Arlington Art Walk. The two artistic benches were
selected for their natural beauty and sustainability. Mayor Pro Tem Marilyn Oertle moved,
and Councilmember Sue Weiss seconded the motion to purchase the public art benches for
Arlington Valley Road and accept them into the City’s Public Art Collection. The motion
passed unanimously.
At 7:29 p.m., Mayor Tolbert called the final item on the regular agenda, to approve the
lodging tax distributions for 2019, and excused herself and left her seat.
Approve Lodging tax distributions for 2019
Finance Director Kristin Garcia reviewed the 2019 Lodging Tax Distribution. 20 applications
were received with a total amount requested of $230,995. The City has $145,000 to award
in lodging tax distributions. The committee’s decision considered many factors including
but not limited to; meeting council priorities, overall rating, attendance, community events,
free events, funding marketing activities and events that attract out of town visitors.
The genealogical society was not fully funded as the committee felt the event had been in
existence long enough to be more self‐sufficient and has other funding opportunities
available.
The Stilly Valley Chamber of Commerce Visitor Information Center requested $20,000
more than in previous years. The $20,000 was for a part time FTE. The city hasn’t had a
Minutes of the City of Arlington City Council Meeting December 17, 2018
Page 4 of 5
practice of funding personnel costs which was communicated during the training held on
August 22, 2018. The information center was fully funded after removing the part time
FTE.
The last three organizations were not funded because they received the lowest rating and
the committee felt they did not have a significant tie into tourism.
Councilmember Debora Nelson moved and Councilmember Jan Schuette seconded the
motion to approve the 2019 funding distribution as recommended by the lodging tax
advisory committee. The motion passed 5-2, with Councilmembers Nelson, Stickles,
Schuette, Roundy and Oertle voting for and Councilmembers Weiss and Hopson voting
against.
At 7:31 p.m., Mayor Tolbert rejoined the meeting and resumed her position as chair.
DISCUSSION ITEMS
None.
INFORMATION
None.
ADMINISTRATOR & STAFF REPORTS
City Administrator Paul Ellis stated that the next meeting will be January 7th, 2019 and there
will be housekeeping items on that agenda. There will be no workshop prior to that meeting.
He also stated expense reports should be submitted by the end of December.
MAYOR’S REPORT
None.
EXECUTIVE SESSION
City Attorney Steve Peiffle announced that there would be a need for an Executive Session
for discussion of pending or potential litigation [RCW 42.30.110(1)(i)] until 7:50 p.m.
City Administrator Ellis let everyone know that there was refreshments available following
the meeting.
Mayor Tolbert thanked the Webelos for taking time to come to the meeting and taking an
interest.
Council recessed at 7:33 p.m. and reconvened at 7:50 p.m.
Mayor Pro Tem Marilyn Oertle moved, and Councilmember Debora Nelson seconded the
motion to authorize the City Attorney to file litigation regarding the nuisance property at
112 North Gifford Avenue. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting December 17, 2018
Page 5 of 5
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:50 p.m.
_________________________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
B
COUNCIL MEETING DATE:
January 7, 2019
SUBJECT:
City Clerk Appointment
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Human Resources; James Trefry, Director – 360-403-3443
EXPENDITURES REQUESTED: No additional expenditure requested
BUDGET CATEGORY:
BUDGETED AMOUNT:
LEGAL REVIEW:
DESCRIPTION:
Request Council to confirm the Mayor’s appointment of Erin Keator as City Clerk, per Arlington
Municipal Code 2.06.020.
HISTORY:
Erin Keator was hired on October 15, 2018 as the City Clerk/Human Resources Analyst. The duties
of City Clerk had been previously performed by Kristin Banfield as the Communications
Manager/City Clerk. With this appointment Erin Keator will assume the full scope of duties of City
Clerk and Kristin Banfield will be solely the Communications Manager.
ALTERNATIVES:
Do not confirm appointment.
Table discussion to a later date.
RECOMMENDED MOTION:
I move to confirm the appointment of Erin Keator as City Clerk.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
C
COUNCIL MEETING DATE:
January 7, 2019
SUBJECT:
Ordinance Adding Information Technology Director to the Arlington Municipal Code Title 2
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Human Resources; James Trefry, Director – 360‐403‐3443
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
BUDGETED AMOUNT: None
LEGAL REVIEW:
DESCRIPTION:
Council is asked to update Arlington Municipal Code Title 2 to add the position of Information
Technology (IT) Director.
HISTORY:
Title 2 of the Arlington Municipal Code was last updated in November 2017 and the addition of the
Information Technology (IT) Director will update it to reflect the current organizational structure.
ALTERNATIVES:
Take no action.
Do not amend Arlington Municipal Code Title 2.
RECOMMENDED MOTION:
I move to approve the ordinance adding Information Technology Director to the Arlington Municipal
Code, and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2018‐xxx 1
ORDINANCE NO. 2018‐xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADDING CHAPTER 2.120 TO THE ARLINGTON MUNICIPAL CODE RELATING
TO THE ROLES AND DUTIES OF THE INFORMATION TECHNOLOGY
DIRECTOR
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances
for the general welfare of its citizens; and
WHEREAS, the City of Arlington has a need for a director of information technology
(IT) and related services; and
WHEREAS, the City Council deems creation of the information technology (IT)
director position to be an appropriate addition to the Arlington Municipal Code;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. A new Arlington Municipal Code Chapter 2.118 is hereby created and
titled “Information Technology (IT) Director”.
Chapter 2.118 – Information Technology (IT) Director
Section 2. A new Arlington Municipal Code section 2.118.010 is hereby created to
read as follows:
2.118.010 – Position created—Appointment and removal.
There is created the position of information technology (IT) director. The
information technology (IT) director shall be appointed by the mayor, subject to
confirmation by the city council. The information technology (IT) director may be
removed by the mayor subject to any applicable law, ordinance, rule or regulation in
force and effect at the time.
Section 3. A new Arlington Municipal Code section 2.118.020 is hereby created to
read as follows:
2.118.020 – Powers and duties.
The information technology director is responsible for the smooth and cost‐effective
operation of the city's information technology department, including the supervision
of all information technology staff, the creation of a biennial budget and strategic
planning for future technology improvements. The information technology (IT)
director will act as the Information Technology Security Officer for the City of
Arlington.
ORDINANCE NO. 2018‐xxx 2
Section 4. A new Arlington Municipal Code section 2.118.030 is created to read as
follows:
2.118.030 ‐ Compensation.
The information technology (IT) director shall be paid such compensation as shall
be established in the city budget.
Section 5. Severability. If any such 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 6. Effective Date. A summary of this Ordinance consisting of its title shall
be published in the official newspaper of the City, and shall take effect and be in full force five
(5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
______ day of _____________________, 2018.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
___________________________________
Erin Keator, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
D
COUNCIL MEETING DATE:
January 7, 2019
SUBJECT:
Information Technology (IT) Director Appointment
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Human Resources; James Trefry, Director – 360-403-3443
EXPENDITURES REQUESTED: Position included in current 2019-2020 budget
– no additional expenditure requested
BUDGET CATEGORY: None
BUDGETED AMOUNT: None
LEGAL REVIEW:
DESCRIPTION:
Request Council to confirm the Mayor’s appointment of Bryan Terry as Information Technology (IT)
Director, per Arlington Municipal Code.
HISTORY:
Bryan Terry has been employed by the City of Arlington as the Information Technology (IT)
Manager. With this appointment Bryan Terry will assume the full scope of duties of Information
Technology (IT) Director. Funding for the Information Technology (IT) Director position was
included in the adopted 2019-20120 budget.
ALTERNATIVES:
Do not confirm appointment.
Table discussion to a later date.
RECOMMENDED MOTION:
I move to confirm the appointment of Bryan Terry as Information Technology Director.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
E
COUNCIL MEETING DATE:
January 7, 2019
SUBJECT:
Reappointment of Mayor Dan Rankin to serve as Snohomish Health District Board of Health
Representative for all small cities in County Council District #1
ATTACHMENTS:
Letter from Snohomish Health District
DEPARTMENT OF ORIGIN
Administration ‐ Contact Paul Ellis, 360‐403‐4603
EXPENDITURES REQUESTED: ‐0‐
BUDGET CATEGORY: N/A
BUDGETED AMOUNT:
LEGAL REVIEW:
DESCRIPTION:
The cities of Arlington, Darrington, Granite Falls, and Stanwood are required to designate a
representative from amongst the city councils to the Snohomish Health District Board of
Health on an annual basis. There are a total of 15 representatives on the Board of Health:
the County Council, each representing their Council district, and two city representatives
from each County Council district. One city representative must be from the largest city
within each County Council district, and the other city representative must be selected from
the remaining incorporated cities within that Council district. Darrington Mayor Dan
Rankin has represented the smaller cities on the board and has agreed to be re‐appointed.
The cities within County Council District #1 are Arlington, Darrington, Granite Falls,
Marysville, and Stanwood, with Marysville being the largest within the District.
HISTORY:
Mayor Dan Rankin served as the City’s representative to the Snohomish Health District
Board of Health for 2016.
ALTERNATIVES
No alternatives.
RECOMMENDED MOTION:
I move to reappoint Mayor Dan Rankin to serve as Snohomish Health District Board of
Health Representative for all small cities in County Council District #1.
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
F
COUNCIL MEETING DATE:
January 7, 2019
SUBJECT:
Interlocal Agreement with Snohomish County Department of Emergency Management
ATTACHMENTS:
ILA with Snohomish County Department of Emergency Management
DEPARTMENT OF ORIGIN
Administration; Paul Ellis
EXPENDITURES REQUESTED: $24,503
BUDGET CATEGORY: Emergency Management
BUDGETED AMOUNT: $24,503
LEGAL REVIEW:
DESCRIPTION:
Snohomish County Department of Emer ency Management provides coordinated emergency
management county wide. This is the 2019 update to the interlocal agreement for DEM services. The
agreement will cover 2019 through 2021. The basic services provided by DEM are based on a per capita
rate of $1.27 annually.
HISTORY:
DEM assist the city by providing many services that enhance our emergency operations function.
Staff training, emergency management plans and web software are among some of the services we
take advantage of. DEM also provides some materials such as sand and bags during flooding events.
We serve as members on the DEM Advisory Board to develop the objectives for the county.
ALTERNATIVES:
Table for further discussion
Remand to staff for additional Information
RECOMMENDED MOTION:
I move to approve the Interlocal Agreement with Snohomish County Department of Emergency
Management, and authorize the Mayor to sign the agreement.
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
E
COUNCIL MEETING DATE:
March 26, 2012
SUBJECT:
Interlocal Agreement with Snohomish County Department of Emergency Management
ATTACHMENTS:
ILA with Snohomish County Department of Emergency Management
DEPARTMENT OF ORIGIN
Executive- Paul Ellis
EXPENDITURES REQUESTED: $19,390
BUDGET CATEGORY: Emergency Management
LEGAL REVIEW:
DESCRIPTION:
Snohomish County Department of Emergency Management provides coordinated
emergency management county wide. This is the 2012 update to the interlocal
agreement for DEM services.
HISTORY:
DEM assist the city by providing many services that enhance our emergency operations
function. Staff training, Mystate communications and web software are among some of
the services we take advantage of. DEM also provides some materials such as sand and
bags during flooding events.
We serve as members on the DEM Advisory Board to develop the objectives for the
county.
ALTERNATIVES
Table for further discussion
Remand to Staff for Additional Information
RECOMMENDED MOTION:
No action at this time. Council will be asked to approve the Interlocal Agreement with
Snohomish County Department of Emergency Management at the April 2, 2012
meeting.
After recording return to:
Office of the Executive
Snohomish County
3000 Rockefeller Avenue, M/S 307
Everett, WA 98201
INTERLOCAL AGREEMENT FOR
EMERGENCY MANAGEMENT SERVICES
THIS AGREEMENT (the "Agreement") is entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 RCW, by and between Snohomish County, a political
subdivision of the State of Washington (hereinafter referred to as "County"), and the
City of Arlington, a municipal corporation of the State of Washington (hereinafter
referred to as "City").
WHEREAS, the County has established the Snohomish County Department of
Emergency Management (hereinafter "SCDEM") as an emergency management agency
within County government pursuant to Chapter 2.36 SCC; and
WHEREAS, the County, acting through SCDEM, operates as a local organization
for emergency management in accordance with relevant comprehensive emergency
management plans and programs pursuant to Chapter 38.52 RCW; and
WHEREAS, the City and the County have previously contracted for coordinated
emergency management services .through the Interlocal Agreement for Emergency
Management Services dated March 16, 2010; and
WHEREAS, the County and City believe that it is in the public interest to
continue to provide and coordinate emergency management services as provided herein;
NOW, THEREFORE, the County and City hereby agree as follows:
1. Purpose. The purpose of this Agreement is to provide an economical
mechanism for administration and coordination of County and City emergency
management programs and thereby to protect the public peace, health, and safety and to
preserve the lives and property of the people of the County and City.
2. Term. The term of this Agreement shall commence at 12:01 a.m. on the 1st
day of January 2012, and expire at midnight on the 31st day of December 2013. This
Agreement is subject to termination prior to its expiration date pursuant to Section 3.
3. Termination; Notice. If either party determines that it wishes to terminate this
Agreement prior to its expiration, it shall provide written notice to the other by no later
than June 15 of the year of termination. Termination pursuant to such notice may not
occur prior to December 31st of the calendar year in which notice is given.
4. Definitions. The following definitions shall apply to this Agreement:
A. "Advisory Board" means the SCDEM Advisory Board established pursuant to
Sec 2.36.1 oo.
B. "City" means the City of Arlington.
C. "County" means Snohomish County .
D. "Director" means the Director of SCDEM appointed pursuant to SCC
2.36.060.
E. "Emergency management" means the preparation for and the carrying out of
all emergency functions, other than functions for which the military forces are primarily
responsible, to mitigate, prepare for, respond to, and recover from emergencies and
disasters, and to aid victims suffering from injury or damage, resulting from disasters
caused by all hazards, whether natural, technological, or human caused, and to provide
support for search and rescue operations for persons and property in distress. It does not
mean preparation for emergency evacuation or relocation of residents in anticipation of
nuclear attack.
F. "Emergency or disaster" means an event or set of circumstances which: (a)
demands immediate action to preserve public health, protect life, protect public property,
or to provide relief to any stricken community overtaken by such occurrences, or (b)
reaches such a dimension or degree of destructiveness as to warrant the governor
declaring a state of emergency pursuant to RCW 43.06.010.
5. Emergency Management Services. The County shall provide emergency
management services, as described herein, to the City during the term of this Agreement
in accordance with Chapter 38.52 RCW. The County will endeavor to provide the
services described in its comprehensive emergency management plan and as further
described in Attachment A, which is attached and incorporated herein, subject to the
limitations provided for in Paragraph 9.
6. Compensation. It is the intent of the parties that the City pays the costs of
emergency management services provided by the County pursuant to this Agreement,
including reasonable operation and maintenance costs, through service charges as
established by this Agreement.
For 2012, the City shall pay annual service charges to the County at the rate of
$1.08 per capita based on the City's population number from the Office of Financial
Management (OFM) April 1, 2011 estimate for Population of Cities, Towns and Counties
Used for Allocation of Selected State Revenues State of Washington, as set forth in
Attachment B.
The service charges to be paid by the City shall be adjusted January 1, 2013, as
follows: (1) the 2013 per capita rate shall be the 2012 per capita rate adjusted by the
amount of the change in the B.L.S. Consumer Price Index- Urban Wage Earner (CPI-W)
for the Seattle-Tacoma-Bremerton area for the period from April2011 to April2012; and
(2) the 2013 service charges shall be based on the City's population number from the
Office of Financial Management (OFM) April I, 2012 estimate for Population of Cities,
Towns and Counties Used for Allocation of Selected State Revenues State of Washington.
By July 10, 2012, the County shall issue a revision to Attachment B to reflect the
City's population number from the Office of Financial Management (OFM) April I, 2012
estimate for Population of Cities, Towns and Counties Used for Allocation of Selected
State Revenues State of Washington and resulting actual service charges for 2013
Payments are due and payable quarterly on January 31, April 30, July 31, and
October 31st.
7. Advisorv Board. The City shall be entitled during the term of this Agreement
to representation on the SCDEM Advisory Board established by SCC 2.36.100. The
duties of the Advisory Board are set forth in SCC 2.36.130, as it now exists or is hereafter
amended. A copy of SCC 2.36.130 in effect on the date of execution of this Agreement is
attached hereto as Attachment C.
8. Privileges and immunities. Whenever the employees of the County or City are
rendering outside aid pursuant to the authority contained in RCW 38.52.070 and
38.52.080(1), such employees shall have the same powers, duties, privileges, and
immunities as if they were performing their duties in the County or City in which they are
normally employed. Nothing in this Agreement shall affect any other power, duty, right,
privilege, or immunity afforded the County or City in Chapter 38.52 RCW.
9. No warranty/rights of third parties. Notwithstanding any other provision of
this Agreement, the emergency management services provided for herein shall be
provided without warranty of any kind, including but not limited to the sufficiency or
adequacy of the actions of the parties in response to an emergency or disaster or for
support of search and rescue operations with regard to any person or property in distress.
This Agreement confers no rights upon third parties.
10. Hold harmless and indemnification. Except in those situations where the
parties have statutory or common law immunity for their actions and/or inactions and to
the extent permitted by state law, and for the limited purposes set forth in this Agreement,
each party shall protect, defend, hold harmless and indemnify the other party, its officers,
elected officials, agents and employees, while acting within the scope of their
employment as such, from and against any and all claims (including demands, suits,
penalties, liabilities, damages, costs, expenses, or losses of any kind or nature
whatsoever) arising out of or in any way resulting from such party's own negligent acts
or omissions related to such party's participation and obligations under this Agreement.
Each party agrees that its obligations under this subsection extend to any claim, demand,
and/or cause of action brought by or on behalf of any of its employees or agents. For this
purpose, each party, by mutual negotiation, hereby waives, with respect to the other party
only, any immunity that would otherwise be available against such claims under
the industrial insurance act provisions of Title 51 RCW.
11. Amendment. This Agreement may be amended only in writing approved by
duly authorized representatives of the County and City executed in the same manner as
this Agreement.
12. Notices. Notices and other communications shall be transmitted in writing by
U.S. mail, postage prepaid, addressed to the parties as follows:
If to the County, to: Snohomish County
3000 Rockefeller
Ave
MS #307
Everett, WA 98201-4046
If to the City, to: City of Arlington
City Administrator
238 North
Olympic
Arlington, WA 98223
13. Complete agreement. This Agreement, including its attachments, is a
complete expression of the terms herein contained and any oral or written
representations or understandings not incorporated herein are expressly excluded.
14. Waiver. Failure by either party at any time to require performance by the
other party under this Agreement or to claim a breach of any provision of this Agreement
shall not be construed as affecting any subsequent breach hereof or the right to require
performance or affect the ability to claim a breach with respect hereto.
15. No assignment. No party may sell, transfer or assign any of its rights or
benefits under this Agreement without the express written consent of the other
party.
16. Recording. This Agreement shall be recorded by the County with the
Snohomish County Auditor.
DATED this 7th day of January, 2019.
CITY OF ARLINGTON SNOHOMISH COUNTY
____
Barbara Tolbert, Mayor Dave Somers, County Executive
Attest: Attest:
_______________________________ ____________________________
Erin Keator, City Clerk APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
Interlocal Agreement
Attachment A
Section A.
AUTHORITIES
The County shall operate and have emergency powers as authorized by RCW 38.52.070
and exercise disaster control and coordination through its Department of Emergency
management (DEM).
Section B.
EMERGENCY MANAGEMENT ORGANIZATION
1. Provide an emergency management organization compliant with state and federal
guidelines, adhering to the commonly practiced principles of emergency management
and utilizing the National Incident Management System (NIMS) and the Incident
Command System (ICS). The organization will coordinate emergency management
activities in order to endeavor to minimize death, injury, and damages to property, the
economy, and the environment during natural or man-made disasters.
2. In order to support cities and/or incident commanders during disasters, as defined by
RCW 38.52.010(6) or as declared by the Governor of the State ofWashington, DEM will
activate the Snohomish County Emergency Operations Center (EOC).
There are three levels of activation of the Snohomish County EOC:
Level I activation involves minor emergencies and the EOC will be primarily staffed
from existing emergency management personnel and resources.
Level II activation involves incidents that have special characteristics requiring response
by multiple county departments and partner agencies. It requires the acquisition and/or
use of special resources. This level of activation will require support from selected
Emergency Support Functions (ESF) and may include overnight operation.
Level III activation involves extraordinary incidents that require the coordinated response
of all levels of government and emergency services in order to save lives and protect
property. This level activation will require 2417 operation and utilization of all ESF
personnel.
The level of EOC activation depends on the situation and the need for coordination and
support. The EOC may be activated upon a request from outside agencies such as fire
districts, public safety answering points (dispatch centers) or other local governments to
support their operations, but the decision to activate the EOC is made by either the
Director of the Department of Emergency Management (DEM), the Response and
Recovery (R&R) Division or the appropriate designee in the DEM line of succession.
3. Under the provisions of Chapter 38.52 RCW, the County will initiate, through the
County Executive, a Declaration of Emergency when it determines that a public disorder,
disaster, energy emergency, or riot exists which affects the life, health, property or public
peace.
Section C.
PERSONNEL
1. DEM is structurally organized, staffed, and trained to provide emergency management
functions via a strategic means.
2. When requested and when practicable, DEM will deploy liaison(s) to cities to directly
assist with incident management leadership, technical support and assistance, and/or use
of mobile assets. During activation of the EOC, DEM may request that cities deploy
liaisons to the EOC at Paine Field to, among other things, enhance communication
between the EOC and the incident site(s).
Section D.
EMERGENCY COMMUNICATION
1. DEM will endeavor to minimize injury, death, and destruction by utilizing traditional
communication means to warn and provide information and instruction to the general
public regarding impending or occurring disasters.
2. DEM and participating cities will utilize communication protocols and guidance
established in the Snohomish County Comprehensive Emergency Management Plan
(CEMP). DEM will provide participating cities with training and information or
technical assistance to endeavor to ensure communications compatibility and
effectiveness during a crisis.
Section E.
RESOURCES AND EQUIPMENT
1. DEM will provide, through the Snohomish County EOC and under the guidelines of
NIMS and ICS, for the utilization of resources in efforts to minimize the effects of
disasters.
2. DEM will request assistance for cities as needed through established emergency
management protocols, from the County to State, State to Region, and Region to National
levels.
3. DEM will, through an ongoing process, identify and "type" according to federal and
state standards appropriate County resources and assets, including those located within
participating city jurisdictions. DEM will maintain the list for disaster response purposes
and it shall be available for participating cities to review at their request when For
Official Use Only (FOUO). RCW 42.56.420(1).
Section F.
PLANNING, TRAINING, AND EXERCISE SERVICES
1. DEM, through the Training and Exercise Officer, will coordinate with participating
cities to develop training and exercise programs to assist Snohomish County's citizens,
governments, and government leaders to become better prepared for disasters.
2. DEM will develop, maintain, and distribute a master list of available training and
exercise opportunities for participating cities .
3. DEM will provide technical assistance and guidance for participating cities on federal
and/or state requirements regarding emergency management training and exercises and
how best to meet said requirements. When feasible and where cost effective, DEM will
directly provide training for participating cities. When DEM is not able to provide direct
training, DEM will assist cities to seek necessary funds to accomplish required or desired
training.
4. DEM shall provide for participating cities current templates and technical assistance
for development of the local Comprehensive Emergency Management Plan (CEMP)
where required and/or the Emergency Operations Plan (EOP) and Continuity of
Operations Plan (COOP).
5. DEM will provide technical support and assistance for the development of Public
Information plans in participating cities. DEM will, through Emergency Support
Function 15 (ESF-15), work to develop a protocol for operation of a Joint Information
Center (JIC) between the County and participating cities as needed during disasters.
Section G.
DISASTER RECOVERY and MITIGATION
1. DEM will assist participating cities in the recovery process as defined in
Public Law 93-288, as amended, the Robert T. Stafford Disaster Relief and
Emergency Assistance Act. When specifically requested, DEM will provide
strategic and technical leadership and, where necessary and practicable,
training for participating cities to successfully recover from disasters.
2. DEM will coordinate with participating cities and the Snohomish County
Public Works Solid Waste Division to activate and operate the disaster
debris recovery mission. The County's Disaster Debris Management Plan
(DDMP) is a FEMA approved document that is an annex to the
Snohomish County Comprehensive Emergency Management Plan and can
be activated in the following response levels:
a. For localized, small events in which fewer than 500 cubic yards of
disaster debris is visually identified by aid organizations. In this
response, the Solid Waste Division (SWD) will prepare an impact
map, locate all addresses in the impact area and issue vouchers for
free disposal of disaster debris only to those addresses. Further
details are in the full DDMP.
b. For larger events including wind storms, larger floods, small
earthquakes and other events SWD will assist participating cities
with coordination of, and training for, an appropriate response.
SWD will assist Cities with staff training to operate the disaster
debris collection sites.
3. The County will provide support with coordination and staff training, as
requested and as it is able. Cities will track and report their activities, staff
time, equipment costs, materials, contract costs, and other potentially
FEMA reimbursable costs. Each city is responsible for the costs it incurs
that are not reimbursed by FEMA.
4. DEM will assist Cities with project worksheet preparation as well as offer
assistance in setting up systems to capture all necessary data to have the
best potential for full eligible expense reimbursement.
DEM, through its Preparedness and Mitigation Division, will provide
participating cities with a current list of available mitigation grants and technical
guidance that will enable them to apply for funds to prevent or minimize future
disasters. When a participating city receives federal or state mitigation grants for
projects, DEM will endeavor to assist those cities with technical guidance to meet
the objectives and requirements of said grant.
2011 Service Fees
Jurisdic1ion
April1, 2010
Population
Est.'
2011 Per
Capita Rate5
2011 Fees"
Arlington 17,280 $1.06 18,302
Darrington 1.505 $1.06 1,594
Gold Bar 2,175 $1.06 2 ,304
Granite Falls 3,575 3,375 $1.06
Inde 175 165 $1 06
LakeStevens 28 ,248 26,670 $1.06
Marysville
Monroe
61,474 58.040 $1 06
17.667 16.680 $1.06
Snohomish 9.871 9,320 $1.06
Stanwood 6,043 5,705 $1.06
Sultan
4,840 4 ,570 $1.06
Tulalip Tribes 10 4 ,094 $1.06 4,336
Stiliaguamish
Tribe " 232 $1.06 246
Total 149,811 158.675
2012 Service Fees
Jurisdiction
April1, 2011
Population
Est.7
2012 Per
Capita Rate'
2012 Fees"
Arlington 17.930 $1.08 19.390
Darrington 1.454 1,345 $1.08
Gold Ba 2.228 2.060 $1.08
Granite Falls 3.6443,370 $1.08
Index 195 180 $1.08
Lake Stevens 30.50628,210 $1.08
Marvsville 65,59860,660 $1.08
Monroe 18,741 17.330 $1.08
Snohomish 9,949 9.200 $1.08
Stanwood 6.726 6.220 $1.08
Sultan
5.034 4,655 $1.08
Tulalip Tribes 10 4,183 $1.08 4.523
Stillaguamish
Tribe 11 240 $1 .08 260
Total 155,583 168,247
ATTACHMENT B
Service Fees by Participating Jurisdiction and Year
2010 Service Fees
Jurisdiction
April1, 2009
Population
Est.'
2010 Per
Caoita Rate'
2010 Fees'
ArlinQton 17,150 $1.06 18,110
Darrington
1 589 1,505 $1.06
Gold Ba
2 270 2.150 $1.06
Granite Falls
3,564 3.375 $1.06
Index
164 155 $1.06
Lake
Stevens
15.629 14.800 $1.06
Marysville
39.632 37,530 $1.06
Snohomish
9,657 9,145 $1.06
Stanwood
5.903 5,590 $1.06
Sultan
4,810 4,555 $1.06
Tulalip
Tribes 10
4.020
$1.06
4,245
Total
99,975
105,574
'source: State of Washington, Office of Financial Management. April1, 2009 Estimates; see "Population of Cities, Towns and Counties Used for Allocation of Selected State Revenues" Table
2The 2010 Per Capita Rate is tihe 2009 Per Capita Rate ($1.048) adjusted by the change in CPI-W from April 2008 to April 2009, 0.08% .
'The 2010 fees are based on the April 1, 2009 population estimate and the 2010 per capita rate ($1.056).
4Source: State of Washington, Office of Financial Management, April 1, 2010 Estimates; see "Population of Cities. Towns and Counties Used for Allocation of Selected State Revenues" Table
5The 2011 Per Capita Rate is the 2010 Per Capita Rate ($1.056) adjusted by the change in CPI-W from April 2009 to April 2010, .3% .
'The 2011 fees are based on the April 1, 2010 population estimate and the 2011 per capita rate ($1.059).
7Source: State of Washington, Office of Financial Management. April 1, 2011 Estimates; see "Population of Cities. Towns and Counties Used for Allocation of Selected State Revenues" Table
8The 2012 Per Capita Rate is the 2011 Per Capita Rate ($1.059) adjusted by the change in CPI-W from April2010 to April2011, 2.1% .
'The 2012 fees are based on the April1, 2011 population estimate and the 2012 per capita rate ($1.0814).
10 The Tulalip Tribes population numbers will be obtained from the Tulalip Tribes Enrollment Department once every year.
11The Stillaguamish Tribe population numbers will be obtained from the Stillaguamish Tribe Enrollment Officer once every year.
2012 ILA- Attachment B.xls
ATTACHMENT C
2.36.130 Duties of the advisory board.
(1) Th.e board shall serve in an advisory capacity and have the power to make
recommendations to the county.
(2) The board ꞏshall advise the director of emergency management in
recommending to the executive, actions on the following:
(a) Emergency management plans ;
(b) The department's budget:
(c) Rate schedules for emergency management service charges paid by
contracting agencies;
(d) Grant applications and utilization of awarded grant funds; and
(e) Other matters as requested by the county executive or the director.
City of Arlington
Council Agenda Bill
Item:
NB #6
Attachment
G
COUNCIL MEETING DATE:
January 7, 2019
SUBJECT:
Interlocal Agreement with Snohomish Health District for a per capita contribution for Health District
Services
ATTACHMENTS:
Interlocal Agreement
DEPARTMENT OF ORIGIN
Administration; Paul Ellis – 360‐403‐4603
EXPENDITURES REQUESTED: $19,300
BUDGET CATEGORY: General Fund ‐ Other Government Expenditures
BUDGETED AMOUNT:
LEGAL REVIEW:
DESCRIPTION:
The purpose of this agreement is to establish and define the terms and conditions for the cooperative
efforts to be undertaken by the Snohomish Health District to promote, facilitate, and undertake
various health district programs and activities. This interlocal agreement covers 2019, with the City
contributing $1.00 per capita ($19,300) to the Snohomish Health District.
HISTORY:
The City of Arlington began supporting Snohomish County Health Department financially in 2017
with a $1.00 per capita annual payment.
The ILA with Snohomish County Health District is annual, this will cover the calendar year of 2019
ALTERNATIVES:
Table for future discussion or additional information.
RECOMMENDED MOTION:
I move to approve the interlocal agreement with Snohomish Health District and authorize the Mayor
to sign it.
ILA SHD_ARLINGTON 2019 PER CAPITA 1 of 5
INTERLOCAL AGREEMENT
BETWEEN THE SNOHOMISH HEALTH DISTRICT
AND
THE CITY OF ARLINGTON
PER CAPITA CONTRIBUTION FOR HEALTH DISTRICT SERVICES
This Interlocal Agreement for Per Capita Contribution for Health District Services is entered into by and
between the SNOHOMISH HEALTH DISTRICT, a Washington Municipal Corporation (the District) and
CITY OF ARLINGTON a municipal corporation of the State of Washington (the City) – collectively (the
Parties), for the purpose of providing for a per capita contribution by the City for Health District Services.
RECITALS
WHEREAS, This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34
RCW; and
WHEREAS, to promote the public health in Snohomish County, Washington, the Board of County
Commissioners of Snohomish County, Washington, established a Health District on January 1, 1959,
embracing all of the territory within Snohomish County, Washington, and all cities and towns therein; and
WHEREAS, in 1966 the Snohomish Health District became the first local health jurisdiction in the
state to organize a city-county cooperative health program with cities indicating a willingness to
participate financially in support of Health District programs; and
WHEREAS, on January 1, 1967, eleven of 18 cities and towns agreed to voluntarily contribute
$0.50 per capita to the Health District in return for public health services; and
WHEREAS, per capita contributions from towns and cities continued and in 1986, with such
contributions ranging from $1.60 to $2.70 per capita until the early 1990s; and
WHEREAS, in 1993, counties assumed exclusive financial responsibility for public health relying
on Motor Vehicle Excise Tax (MVET) revenues; and
WHEREAS, in 2000, the Washington State Legislature repealed MVET and backfilled only 90%
of lost public health funds; and
WHEREAS, state funding for local public health has decreased 65.7% from a peak of $27.29 per
capita in 2000 to $9.36 per capita in 2014; and
WHEREAS, the Health District has experienced a 22% decrease from its 2005 funding level while
the county population has increased by 14 percent in the same 10-year period; and
WHEREAS, since the “peak” of 2008, the Health District has reduced its staffing by 37 percent
(85 FTE) due to static or declining revenues in the face of increased costs; and
WHEREAS, the Health District ranks 34th out of 35 local health jurisdictions in the state for public
health expenditures per resident; and
WHEREAS, the Health District’s ability to perform its most essential functions have been severely
compromised since the great recession; and
WHEREAS, the Health District serves an essential public safety function whether ensuring safe
food, schools, and septic systems, responding to disasters, or preventing and responding to disease
outbreaks; and
ILA SHD_ARLINGTON 2019 PER CAPITA 2 of 5
WHEREAS, threats to the public’s health in the form of foodborne illness such as E.coli and
salmonella, communicable diseases such as pertussis, tuberculosis, measles, Zika, and Ebola and
natural disasters such as the Oso/SR530 mud slide respect no municipal boundaries; and
WHEREAS, public health is a shared responsibility and regional public health threats require
regional responses and close partnerships with every city and town in Snohomish County; and
WHEREAS, consistent with RCW 70.05, the Snohomish County Council is responsible for
establishing the Snohomish Health District Board of Health, with jurisdiction coextensive with the
boundaries of the county, to supervise all matters pertaining to the preservation of life and health of the
people within its jurisdiction; and
WHEREAS, an effective, regional public health response to the threats to public health in
Snohomish County requires the cooperation, participation and support of Snohomish County and all of
the cities and towns in Snohomish County; and
WHEREAS, Snohomish County and the cities and towns therein seek to improve and sustain
healthy years of life of their residents by engaging in an enhanced partnership with the Health District.
This partnership will provide stable funding for public health priorities that would be established to meet
the unique needs of each community.
NOW, THEREFORE, in consideration of the agreements set forth below and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the District
agree as follows:
1. Purpose.
A. The recitals set forth above are incorporated herein by this reference.
B. The purpose of this Agreement is to establish and define the terms and conditions for the
cooperative efforts to be undertaken by the City and the District to promote, facilitate, and
undertake various programs and activities.
2. Term.
The initial term of this Agreement shall be from January 1, 2019 to December 31, 2019. The term
may be extended by mutual written agreement of the parties.
3. Scope of Services.
A. Responsibilities of the City.
The City shall contribute $1.00 per capita ($19,300) to the Snohomish Health District
commencing January 1, 2019. Payment shall be made in one lump sum on or before
December 31, 2019.
B. Responsibilities of the District.
The Health District shall provide basic essential public health services and functions such
as ensuring safe food, and inspecting septic systems, responding to disasters, or
preventing and responding to disease outbreaks.
The District shall continue to make improvements as recommended in the Ruckelshaus
report, including a sustainable funding model, updating the strategic plan and
governance, as well as establishing priorities for existing funding and programming.
The District will provide reports to the city identifying services provided to Arlington
residents and businesses.
ILA SHD_ARLINGTON 2019 PER CAPITA 3 of 5
4. Legal Requirements.
Both parties shall comply with all applicable federal, state and local laws in performing this
Agreement.
5. Public disclosure laws.
The City and the District each acknowledge, agree and understand that the other party is a public
agency subject to certain disclosure laws, including, but not limited to Washington’s Public
Records Act, chapter 42.56 RCW. Each party understands that records related to this Agreement
and the District’s performance of services under this Agreement may be subject to disclosure
pursuant to the Public Records Act or other similar law.
6. Insurance.
Each party shall maintain its own insurance and/or self-insurance for its liabilities from damage to
property and /or injuries to persons arising out of its activities associated with this Agreement as it
deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance
and/or self-insurance shall not limit the liability of the indemnifying part to the indemnified party(s).
Each party shall provide the other with a certificate of insurance or letter of self-insurance as the
case may be upon request.
7. Indemnification.
The District shall protect, save harmless, indemnify and defend the City its elected officials,
officers, employees and agents, from and against any loss or claim for damages of any nature
whatsoever, including claims by third parties or District employees against which it would
otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the
District in performance of this Agreement, its elected or appointed officials, officers, employees or
agents, except to the extent the loss or claim is attributable to the negligence or willful
misconduct of the City, its elected officials, officers, employees or agents.
The City shall protect, save harmless, indemnify and defend the District, its elected and
appointed officials, officers, employees and agents from and against any loss or claim for
damages of any nature whatsoever, including claims by third parties or City employees against
which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or
omission of the City in performance of this Agreement, its elected or appointed officials, officers,
employees or agents, except to the extent the loss or claim is attributable to the negligence or
willful misconduct of the County, its elected or appointed officials, officers, employees or agents.
8. Notices.
Any notice/payment to be given to the District under this Agreement shall be either mailed or
personally delivered to:
Snohomish Health District
3020 Rucker Avenue, Ste 306
Everett, WA 98201
Any notice/invoice to the City shall be mailed or hand delivered to:
City of Arlington
238 N Olympic Ave
Arlington, WA 98223
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mail with proper postage and address.
ILA SHD_ARLINGTON 2019 PER CAPITA 4 of 5
9. Venue.
The laws of the State of Washington shall apply to the construction and enforcement of this
Agreement. Any action at law, suit in equity, or judicial proceedings for the enforcement of this
agreement or any provision hereto shall be in the Superior Court of Snohomish County, Everett,
Washington.
10. Disputes.
The parties agree that, following reasonable attempts at negotiation and compromise, any
unresolved dispute arising under this Agreement may be resolved by a mutually agreed-upon
alternative dispute resolution of arbitration or mediation.
11. No third party beneficiaries; no joint venture.
This Agreement is for the sole benefit of the City and District and shall not confer third-party
beneficiary status on any non-party to this Agreement. Nothing contained in this Agreement shall
be construed as creating any type or manner of partnership, joint venture or other joint enterprise
between the parties. County employees who provide services under this Agreement shall at all
times be acting in their official capacities as employees of Snohomish County.
12. Entire Agreement.
This Agreement constitutes the entire agreement between the parties regarding the subject
matter hereof, and supersedes any and all prior oral or written agreements between the parties
regarding the subject matter contained herein. This Agreement may not be modified or amended
in any manner except by written agreement executed by both parties. Both parties recognize that
time is of the essence in the performance and the provisions of this Agreement.
13. Severability.
A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to
be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be
affected, and the parties’ rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and shall be deemed modified to conform to such
statutory provision.
14. Filing.
As provided by RCW 39.34.040, this Agreement shall be filed with the Snohomish County
Auditor, or, alternatively, posted on the website of each party.
15. Execution in Counterparts.
This Agreement may be executed in two or more counterparts, each of which shall constitute an
original and all of which shall constitute one and the same agreement.
ILA SHD_ARLINGTON 2019 PER CAPITA 5 of 5
16. Effective Date. January 1, 2019
City of Arlington Snohomish Health District
Barbara Tolbert, Mayor Jefferson Ketchel, Administrator
ATTEST: ATTEST:
City Clerk
Approved as to Form: Approved as to Form:
City Attorney Grant Weed, Health District Attorney