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HomeMy WebLinkAbout07-01-19 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 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 – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle SWEARING IN Officer Timothy Zachman Chief Ventura/Steve Peiffle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Randal Southam – Rebrand of AMMIC to Cascade Industrial Center Mayor Barb Tolbert 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 June 17 and June 24, 2019 Council Meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING NEW BUSINESS 1. Interlocal Agreement with Marysville Fire District for Battalion Chief Services ATTACHMENT B Staff Presentation: Chief Kraski Council Liaison: Sue Weiss/Jesica Stickles/Marilyn Oertle DISCUSSION ITEMS Arlington City Council Meeting Monday, July 1, 2019 at 7:00 pm City Council Chambers – 110 E Third 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. 2. Street Closure Request ATTACHMENT C Staff Presentation: Sarah Lopez Council Liaison: Mayor Pro Tem Marilyn Oertle 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 June 17, 2019 Councilmembers Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Debora Nelson, Sue Weiss, Jesica Stickles and Joshua Roundy. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Banfield, Sarah Lopez, Kristin Garcia, Jim Kelly, Dave Kraski, Jonathan Ventura, Dave Ryan, Wendy Van Der Meersche, and City Attorney Steve Peiffle. Also Known to be Present: Beth Countryman, Don Vanney and family, J.P. Peck, Avery Hufford, Michele Blythe, Holly Sloan-Buchanan, and Lindsay Dunn. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor’s Volunteer Award – Beth Countryman Mayor Tolbert introduced Beth Countryman, who has managed the city’s community garden as a volunteer since 2018. Mayor Tolbert stated that Beth has lived in Arlington most of her life, attending schools here, and also having lived in Oso almost 30 years before moving to Arlington in the summer of 2013. Volunteering just comes naturally to Beth. She believes that “when you see a need, you can either step up and do something about it, or sit back and see no results.” In 2003, while living in Oso, she saw a need for a foodbank, so after gathering volunteers, the Oso Community Food Bank was formed. She was the director until 2010. In 2014, she started gardening at the Arlington Community Garden. In 2016, she formed a committee with a small group of gardeners to help Manager Virginia Hatch with management of the garden. At the end of the 2017 season, Virginia stepped down, and Beth became manager of the community garden. Shortly after that, the garden property was sold. Minutes of the Arlington City Council Meeting Minutes of the Arlington City Council Meeting June 17, 2019 Page 2 of 5 Beth has been essential in the relocation of the garden to the new spot at Presidents Elementary, and has provided input to the design, knowing the best practices of a community garden. She communicated with city staff during construction, and offered assistance along the way. Being the manager of the garden requires a lot of time, skills, and patience. Beth coordinates the bed placement for the gardeners, and takes into consideration the gardeners' needs such as age and physical ability. Beth manages the registrations for the gardeners and holds them accountable through the gardening season. She also communicates with the public and responds to their inquiries. She is a hands-on volunteer, and does many of the tasks required to maintain the general garden space. She met with a group of teachers to coordinate beds for school students to maintain. Beth’s goal and purpose for being involved is to keep community gardening alive in our city and help families and groups come together and garden. Beth was thankful to accept the award. PUBLIC COMMENT Lindsay Dunn, local VFW President, thanked the Mayor for helping him secure a spot during the Show ‘N Shine Car Show. He said $240 was raised. PROCLAMATIONS Councilmember Jesica Stickles read the proclamation declaring June 19, 2019 as Smoke Ready Communities Day. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda, which carried unanimously: 1. Minutes of the May 28, June 3, and June 10, 2019 council meetings. 2. Accounts Payable: EFT Payments and Claims Checks #97022 through #97154 dated June 4, 2019 through June 17, 2019 for $ 966,417.73, and approval of Payroll EFT Payments and Checks #29403 through #29411 dated May 1, 2019 through May 31, 2019 for $1,392,902.90. 3. An Ordinance Approving Amendments to the Shoreline Master Program PUBLIC HEARING None. Minutes of the Arlington City Council Meeting June 17, 2019 Page 3 of 5 NEW BUSINESS Interagency Agreement Approval and Payment for Ground Emergency Medical Transport (GEMT) Program with the State of Washington Finance Director Kristin Garcia and Fire Chief Dave Kraski requested Council approve an Interagency Agreement for the Ground Emergency Medical Transport (GEMT) program and to approve a payment to the Health Care Authority. The Interagency Agreement will allow the City to access federal reimbursement for managed care Medicaid transports under the GEMT program. The managed care payments will be paid out through an intergovernmental transfer (IGT) process as per the Interagency Agreement. The IGT progress requires the City to submit a payment to the Health Care Authority for the City’s State share of the managed care costs. Councilmember Marilyn Oertle moved and Councilmember Sue Weiss seconded the motion to approve the Interagency Agreement for the Ground Emergency Medical Transport program, to authorize the Mayor to sign it, and to approve payment to the Health Care Authority for $325,603.53. The motion passed unanimously. Sewer Recovery Contract with Baker-Mor, LLC and AMWA-JPM, LLC Public Works Director Jim Kelly request Council approve a Sewer Recovery Contract for BAKER-MOR, LLC and AMWA-JPM, LLC for the construction of sewer lift station LS-15 and the station’s force main. The City of Arlington coordinated with Marysville to expand the City’s Water Service Area to incorporate the Baker-Mor development site. This increase in service area was to provide Arlington’s higher-pressure water service infrastructure so a proposed 255-unit senior citizen apartment complex, Cedar Point Apartments being constructed by AMWA-JPM, LLC, would have adequate fire water service. After properties were purchased and construction started, it was revealed that removing this parcel from the Marysville water service area also meant that Marysville would not be able to provide sanitary sewer service per Marysville Municipal Code. The City of Arlington is entering into a recovery contract with Baker-Mor, LLC and AMWA-JPM, LLC for the construction of a lift station and force main to provide sanitary sewer service to the development site. Councilmember Josh Roundy moved and Councilmember Marilyn Oertle seconded the motion to approve the Recovery Contract with BAKER-MOR, LLC and AMWA-JPM, LLC and authorize the Mayor to sign the contract, pending final approval by the City Attorney. The motion passed unanimously. Bid Award for the Runway 11/29 Rehabilitation Project Airport Director Dave Ryan requested Council approve the amended budget for the Runway 11/29 Rehabilitation Project and award the contract for the project to Lakeside Industries. The airport advertised for bids for the Runway 11/29 Rehabilitation Project in May. The project mills and re-surfaces the runway with new asphalt. In order to take advantage of economies of scale, staff opted to include a small access road between San Juan Salsa and Lot 77. (This road was to have been completed when the water and sewer lines were placed in this area in 2015, but funding was not available at that time to complete the road portion of the project.) One bid was received from Lakeside Industries Minutes of the Arlington City Council Meeting June 17, 2019 Page 4 of 5 for this project. The bid exceeds the amount budgeted for this project. Part of this is due to the additional engineering and design work for the road and the road construction, as well as an increase in the cost of asphalt. Staff is asking Council to approve the additional amount in order to complete the road and to cover construction management costs. The new project estimate is $1,837,294.30. The Airport Reserve has a more than sufficient balance to cover this additional cost. Councilmember Jan Schuette moved and Councilmember Mike Hopson seconded the motion to approve the amended budget for the Runway 11/29 Rehabilitation Project, to award the contract for the project to Lakeside Industries for $1,837,294.30, and authorize the Mayor to sign the contract. Requisition for Commissioned Police Officer Position Police Chief Jonathan Ventura requested Council approve a request for (1) FTE commissioned police officer position. This position is budgeted for 2020, however staff is asking to fill the position now. The estimated budget impact in 2019 is $20,000. The police department is currently staffed to its allocated FTEs, however is experiencing personnel shortages due to training, injuries (light duty), and pending military deployment leave absences. The 2019 budget allocates 30 full time commissioned police officers. The police department is currently facing considerable overtime expenditures that will likely equal or surpass the cost of allocating the early hire of the commissioned FTE budgeted for 2020. There is currently one qualified lateral candidate on the certified civil service list that is still interested in employment with the department. Councilmember Sue Weiss moved and Councilmember Jesica Stickles seconded the motion to authorize the hiring of one (1) FTE commissioned police officer. The motion passed unanimously. Reappointment to Citizens Salary Review Commission In Administrative Services Director James Trefry’s absence, City Administrator Paul Ellis requested Council reappoint Chad Clay to the Citizens Salary Review Commission for a three year term. Mr. Clay was first appointed to the Commission April 20, 2015. Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to consent to the reappointment of Chad Clay to the Citizens Salary Review Commission for a three year term expiring April 2022. The motion passed unanimously. DISCUSSION ITEMS None. INFORMATION None. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis spoke about the upcoming Joint City Council and Planning Commission Retreat, being held Saturday, June 29, 2019 from 9 am to 2 pm. City Attorney Steve Peiffle had emailed councilmembers and planning commissioners, encouraging them to forward any issues or discussion items to Paul or him. Minutes of the Arlington City Council Meeting June 17, 2019 Page 5 of 5 EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:23 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street June 24, 2019 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Josh Roundy, Jan Schuette, Jessica Stickles and Sue Weiss. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Dave Kraski, Chris Dickison, Kay Schander, and Wendy Van Der Meersche. Also Known to be Present: Don Vanney and family, J.P. Peck, Avery Hufford, Mike Evans, and Lindsay Dunn. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Interlocal Agreement with Marysville Fire District for Battalion Chief Services Fire Chief Dave Kraski spoke of a proposed interlocal agreement with Marysville Fire District. For years, the Marysville Fire District has provided Battalion Chief services on major incidents to the City of Arlington without a formal agreement or compensation. These services occur less than 20 hours per year. This agreement will formalize the arrangement for both agencies, and was budgeted in the 2019 / 2020 budget. This was presented as one of the Fire Departments five-year operational goals at the spring 2018 council retreat. Historically, this has been an informal agreement provided through the Snohomish County Mutual Aid agreement however, Arlington cannot provide a “like” service. Discussion followed with Chief Kraski answering council questions. City Council Workshop Minutes of the City of Arlington City Council Workshop June 24, 2019 Page 2 of 2 May 2019 Financial Report Finance Director Kristin Garcia reviewed the May 2019 financial report and answered council questions. Ms. Garcia announced that the state auditors will be onsite July 15. The auditors will be emailing invitations to councilmembers for the upcoming audit entrance conference. Miscellaneous Council Items None. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis distributed a letter from a citizen regarding their desire for a fireworks ban. Mr. Ellis also distributed 2019 Information Regarding Fireworks or Restricted Sales or Use, from Washington State Patrol. Lengthy discussion followed. PUBLIC COMMENT Don Vanney, 425 S. Olympic Avenue, suggested that to save money, a flier be included in utility bills with a self-addressed stamped envelope, requesting public opinion about a City fireworks ban. J.P. Peck stated that political signs must be removed seven days after an election, but the law is stricter regarding other signage. COUNCILMEMBER REPORTS Councilmembers Mike Hopson, Jan Schuette, and Jesica Stickles provided brief updates, while Councilmembers Josh Roundy, Debora Nelson, Marilyn Oertle, and Sue Weiss had nothing to report this evening. EXECUTIVE SESSION None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:46 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: NB #1 Attachment B COUNCIL MEETING DATE: July 1, 2019 SUBJECT: Interlocal Agreement with Marysville Fire District for Battalion Chief Services ATTACHMENTS: Interlocal Agreement DEPARTMENT OF ORIGIN Fire – Dave Kraski, Fire Chief 360-403-3607 EXPENDITURES REQUESTED: Estimate $3,000.00 - $5,000.00 BUDGET CATEGORY: Fire BUDGETED AMOUNT: $12,000.00 LEGAL REVIEW: DESCRIPTION: For years, the Marysville Fire District has provided Battalion Chief services on major incidents to the City of Arlington without a formal agreement or compensation. These services occur less than 20 hours per year. This agreement will formalize the arrangement for both agencies. This was budgeted in the 2019 / 2020 budget. HISTORY: This was presented as one of the Fire Departments five-year operational goals at the spring 2018 council retreat. Historically, this has been an informal agreement provided through the Snohomish County Mutual Aid agreement however, Arlington cannot provide a “like” service. ALTERNATIVES: Take no action RECOMMENDED MOTION: I move to approve the Interlocal Agreement with Marysville Fire District for Battalion Chief Services, and authorize the Mayor to sign the Interlocal Agreement. 1 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.6.3.19.RED AGREEMENT FOR BATTALION CHIEF SERVICES THIS AGREEMENT is entered into by and between CITY OF ARLINGTON, a municipal corporation, hereinafter referred to as “City,” and the MARYSVILLE FIRE DISTRICT, the combined fire departments of Snohomish County Fire Protection District No. 12 and the City of Marysville, hereinafter referred to as “MFD.” 1. PURPOSE/ AUTHORITY. MFD maintains and operates a full-service fire and EMS department. MFD command structure includes the utilization of Battalion Chiefs. City has a need for Battalion Chief services and MFD has the ability, subject to the limitations set forth herein, to supply the needed services to City. This Agreement sets forth the terms and conditions under which the needed services will be provided. Chapter 39.34 RCW the Interlocal Cooperation Act provides authority to enter into such agreements and Chapter 10.93 RCW authorize the mutual aid of officers to enforce traffic and criminal laws of the state throughout the territorial boundaries of the State of Washington. 2. TERM. This Agreement shall be effective upon execution by both parties and shall continue in force for one (1) year. This Agreement shall automatically be renewed for successive one-year periods, but shall be terminable effective the 31st of December of the year in which written notice of termination is given to the other party on or before October 1 of said year. 3. BATTALION CHIEF SERVICES. a. Dispatched Services. MFD shall furnish Battalion Chief services as requested by the City within the geographical boundaries of City and within such other areas as the City has agreed to provide mutual aid. Said services shall be rendered on the same basis as such services are rendered within MFD, but the MFD assumes no liability for failure to provide such services by reason of any circumstances beyond its control. In the event of simultaneous emergency calls, whether within or outside of City whereby the MFD on-duty Battalion Chief is taxed beyond his or her ability to render services, or if in the sole discretion of MFD a Battalion Chief is otherwise not available, MFD shall not be required to provide the services referenced herein. This agreement shall not prevent City from contracting with other agencies who are capable of providing Battalion Chief services by mutual aid or otherwise, in the event MFD is unable to respond or where response from another agency may be beneficial to the City. b. Non-Dispatched Services. "Upon giving reasonable written notice to MFD, the City may request additional Battalion Chief services for situations not involving 2 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.6.3.19.RED an emergency dispatch. MFD may provide either an on-duty Battalion Chief or off-duty Battalion Chief for such situations. Examples of such situations may include training, special events, meetings, post incident analysis, etc. If an on- duty Battalion Chief is available without a need for backfill as determined as the sole discretion of MFD, the rate per hour shall be $150, including travel time from the MFD station to the City and back. If the Battalion Chief is off-duty, or if Battalion Chief backfill is deemed necessary, the rate per hour shall be $150 plus the additional cost to MFD in overtime above the employee's normal hourly rate. The provision of non-emergency Battalion Chief services shall be in the discretion of MFD and on an as - available basis." 4. EQUIPMENT AND PERSONNEL. In providing the services, it is the intent of the parties that all equipment and supplies necessary for the Battalion Chief to provide services shall be provided by MFD. 5. PAYMENT FOR SERVICES. City agrees to pay the MFD for the services provided under this Agreement on the following basis: a. The fee for Battalion Chief services shall be $150 per hour with a one hour minimum per dispatch. MFD will provide ninety (90) days’ written notice of any changes in the established fee for service. b. Time shall be calculated from the time of dispatch from MFD to the time of return to duty to MFD. c. For off duty non dispatched services $150 per hour plus the additional cost to MFD in overtime above the employee's normal hourly rate. 6. BILLING SERVICES. MFD shall provide City with an invoice on a quarterly basis. Said invoice shall be payable within thirty (30) days of receipt by City. 7. REPORTS. MFD agrees to provide City with a copy of all records and reports indicating the number and nature of Battalion Chief responses by the MFD within the City that occur during the term of this Agreement, on not less than a quarterly basis. 8. ADMINISTRATION OF AGREEMENT. The MFD Fire Chief or his designee shall provide for the principal administration necessary to supervise the services provided under this Agreement. The written policies and procedures of MFD shall apply to the on duty Battalion Chief when providing services to the City. The MFD shall provide City with copies of all written policies and procedures and shall provide written notification of any material changes of such policies and procedures within seven (7) calendar days of such changes. 3 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.6.3.19.RED 9. AUTHORIZATION TO USE PERSONNEL; CONDITIONS. a. The City and MFD each hereby authorize the utilization of the on-duty MFD Battalion Chief for the performance of Battalion Chief services to the City under the terms and conditions of the Agreement. b. Each party agrees that all MFD Battalion Chiefs will at all times remain the full- time employee of MFD. c. CITY agrees to compensate MFD for the use of Battalion CHIEF as set forth in Section 5 of this agreement. d. Each party agrees that while Battalion Chief services are being provided by MFD to the City the Battalion Chief will be under the direct supervision of the MFD Fire Chief or designee. 10. REVIEW AND EVALUATION OF SERVICES. Upon request by the City, MFD shall periodically provide scheduled sessions with City Command staff, Chief or designee(s) to review and evaluate the services provided under this Agreement. 11. CONDUCT AND DISCIPLINE. a. While acting as Battalion Chief for the CITY the Battalion Chief shall familiarize him/herself with the policies and procedures of CITY. Such policies and procedures shall be applied to all City employees when the MFD Battalion Chief is providing services to the City. MFD policies and procedures will apply to the MFD Battalion Chief. b. If potential disciplinary action against a MFD Battalion Chief arises out of an incident while providing services to the CITY. the City may request that a Battalion Chief be removed from service to the City. Only the MFD may take disciplinary action against a Battalion Chief under this Agreement. Each party will cooperate fully in the investigation of any disciplinary matter and while the CITY may recommend disciplinary action to MFD, the CITY shall have no right to subject a MFD Battalion Chief to disciplinary action. 12. INSURANCE. The MFD and the City each agree to maintain insurance coverage with limits and coverages as provided through the Washington Cities Insurance Authority and/or such other commercial carrier as the parties shall agree. City shall maintain adequate insurance coverage acceptable to MFD for its own equipment and personnel which shall include general liability, errors and omissions, and property damage for its personnel and vehicles. Upon request, the City shall provide proof of such insurance to MFD prior to commencement of this Agreement. 4 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.6.3.19.RED 13. LIABILITY, INDEMNIFICATION AND DEFENSE OF THIRD-PARTY CLAIMS. a. The parties agree that ultimate financial liability for the errors and omissions of a MFD Battalion Chief arising from performance of this Agreement shall belong to the City. b. HOLD HARMLESS. The CITY, who has requested services under this Agreement agrees to save, hold harmless indemnify and defend MFD and its officers, officials, employees and elected officials from any loss, claim or liability arising from or out of the errors and omissions of MFD employees while providing Battalion Chief services under this Agreement. c. NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: 1. Waive any defense arising out of RCW Title 51. 2. Limit or restrict the ability of either party to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims or third parties, including, but not limited to, any good faith attempts to seek dismissal or legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 3. Cover or require indemnification or payment of any judgment against any individual or party for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or city. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 14. MODIFICATION. This Agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 15. ASSIGNMENT. In the event the City of Marysville, Fire District 12 or Marysville Fire District merges, consolidates or forms a Regional Fire Authority or other separate entity, this Agreement may be assigned and transferred to the new entity in the sole discretion of MFD upon the written acceptance of such assignment or transfer by the new entity. In the event such assignment or transfer is not accepted, this Agreement may be terminated upon giving not less than thirty (30) days written notice. 5 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.6.3.19.RED 16. PUBLIC RECORDS. MFD will respond to public records requests relating to records in the possession of MFD resulting from performance of services by MFD under this Agreement. All other public records requests will be the sole responsibility of City. City agrees to save, hold harmless indemnify and defend MFD, its officers, agents, employees and elected officials from and against all costs, claims, lawsuits and liability resulting from MFD’s response to public records requests pursuant to this agreement. 17. NO THIRD-PARTY BENEFICIARIES. This Agreement is for the benefit of the signatory Parties only and no other person or entity shall have any rights whatsoever under this Agreement as a third-party beneficiary 18. INTEGRATION. This Agreement constitutes the entire agreement and understanding between the Cities concerning the subject manner herein and shall supersede all prior agreements, oral or otherwise. 19. GOVERNING LAW AND VENUE; ATTORNEYS’ FEES. This Agreement shall be governed by the laws of the State of Washington. The venue for any action arising out of this Agreement shall be the Superior Court for Snohomish County, Washington. The substantially prevailing party in any such action shall be entitled to an award of its reasonable attorneys’ fees. 20. POSTING; RECORDING. This Agreement shall be effective upon posting on the MFD or City of Arlington Website or recording with the Snohomish County Auditor’s office pursuant to RCW 39.34.040. 21. SIGNATORY WARRANTY. Each signatory hereto warrants and represents that he/she has been authorized to execute this Agreement by appropriate action of the legislative body of his/her respective public entity. 22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in separate counterparts. 23. SEVERABILITY. Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. DATED this day of , 2019. CITY OF ARLINGTON MARYSVILLE FIRE DISTRICT By By Barbara Tolbert, Mayor Martin McFalls, Fire Chief 6 W/GW/2018-003/AGREEMENT FOR BATTALION CHIEF SERVICES.6.3.19.RED Approved as to Form: Approved as to Form: By _ By Steven J. Peiffle, City Attorney Grant K. Weed Attorney for Marysville Fire District Attest: Attest: By __ By Wendy Van Der Meersche, City Clerk Secretary to the Board City of Arlington Council Agenda Bill Item: NB #2 Attachment C