HomeMy WebLinkAbout08-09-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (15 min)Waste Management Contract Renewal ATTACHMENT A
2. (5 min) Gifford Sidewalks) ATTACHMENT B
3. (5 min) Acceptance of Utility Easements from ATTACHMENT C
Stillaguamish Behavioral Health
4. (5 min) DOE Stormwater Grant for $115K ATTACHMENT D
5. (10 min) AMC Title 10 Handout
6. (15 min) Comprehensive Emergency Management Plan ATTACHMENT E
7. (10 min) Revision to the City Council Rules of Procedure ATTACHMENT F
for the terms of Mayor Pro Tem and Alternate Mayor Pro Tem
and participation in Council meetings by phone
8. (5 min) Development Agreement between Enviro Propane ATTACHMENT G
and the City of Arlington
9. (5 min) Authority to Advertise for Bid proposals ATTACHMENT H
for on Station #46
10. (10 min) SR9 Coalition Discussion
11. Miscellaneous Council items
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
August 9, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
August 9, 2010
SUBJECT: Waste Management Northwest
Agreement for Solid Waste, Recycling,
Collection and Disposal (Contract Renewal).
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS: No attachments. The following items will be handed out at the Council
Workshop:
-Draft Contract Agreement (2010)
-Attachment B – Rates (2010)
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: Contract Renewal with Waste Management for continued garbage and recycle
collection and disposal service.
HISTORY: City of Arlington entered into contract with Waste Management Northwest in 2002
for collection and disposal of garbage within the City. The contract was extended and
modified in 2004 for continued collection of both solid waste and recyclables through August
31, 2010. The City has been negotiating a new contract with Waste Management since February
2010.
The contract has been revised to address comments Council brought up during the July 26,
2010 Council Workshop – an updated version of the contract will be handed out during the
August 9, 2010 Council Workshop.
ALTERNATIVES:
- Reject contract and renegotiate
- Reject contract and enter into negotiations with other waste hauler (Rubintino, Allied
Waste, Sound Disposal, other)
RECOMMENDED ACTION:
- Discussion only – no action is being requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
August 9, 2010
SUBJECT:
Gifford Sidewalk Status
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• None
EXPENDITURES REQUESTED: Engineer’s Estimate $103,500
BUDGET CATEGORY: Transportation Improvement Fund –
ARRA Grant Funding
LEGAL REVIEW:
DESCRIPTION: Council will be updated on the status of the Gifford Sidewalk Project.
HISTORY:. The Gifford Sidewalk Project consists of the installation of approximately 1600
linear feet of 5 foot wide concrete sidewalks, curb, gutter, ADA ramps, and driveways.
This project is funded with a $92,000.00 ARRA Grant and Traffic Mitigation, the
remaining funding will come from the Transportation Improvement Fund.
ALTERNATIVES:
• No action at this time
RECOMMENDED ACTION:
No action at this time – Council will be requested to take action at the August 2, 2010 Council
Meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL WORKSHOP DATE:
August 9, 2010
SUBJECT:
Acceptance of Utility Easements from
Stillaguamish Behavioral Health
DEPARTMENT OF ORIGIN:
Public Works – Engineering
ATTACHMENTS:
• Exhibit Maps of Utility Easements
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Legal description has been reviewed by staff, upon
approval of acceptance by Council; the City
Attorney will draft the appropriate easement
document for signature by the property owner.
DESCRIPTION: Stillaguamish Behavioral Health is dedicating a utility easement as shown on
the attached map.
HISTORY: As a condition of further site development and the installation of additional utility
services to this site, the property owner is required to dedicate easements for the City’s access to
maintain and service these lines.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
No action at this time – Council will be asked to approve at the August 16th Council Meeting.
SR 531
59TH AVE NE
172ND ST NE
"Legend
ROW
Easem ents
County Parcels
Scale:
Date :
File N ame:
Carto graphe r:
StilliBehavioralH_Utility_easement_10.mxd
07/21/2010 lb
Exhibit :Stillaguamish Behavioral HealthWater Utility Easement
City of Arlington
1 inch = 1 00 fe et
SR 531
59TH AVE NE
172ND ST NE
"Legend
ROW
Easem ents
County Parcels
Scale:
Date :
File N ame:
Carto graphe r:
StilliBehavioralH_Utility_easement_10.mxd
07/21/2010 lb
Exhibit :Stillaguamish Behavioral HealthSewer Utility Easement
City of Arlington
1 inch = 1 00 fe et
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL WORKSHOP DATE:
August 9 , 2010
SUBJECT: Pass-through Grant Agreement
from the Department of Ecology for
Stormwater Phase II Permitees
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• DRAFT Grant Agreement
• Letter from WA State Department of Ecology summarizing grant offer
EXPENDITURES REQUESTED: None - $115,678.00 Grant – no city match
required
BUDGET CATEGORY: Stormwater Capital Budget – 409
Stormwater Operating Budget - 412
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION – This is a Grant Agreement between the Washington State Department of
Ecology and the City of Arlington for additional grant funds to fund Stormwater NPDES Phase
II activities.
HISTORY: – The Department of Ecology is awarding the City of Arlington $115,678.00 through
its Municipal Stormwater Capacity Grants Program. The purpose of the program is to provide
grants for implementation of Phase II municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permits. This program is being offered with carry-over funds from
previous stormwater management base funds. There is no city match required for these grants.
The city may choose to use these funds for stormwater management (NPDES) activities, retrofit
of existing stormwater facilities, or implementation of low-impact development techniques.
ALTERNATIVES:
Do not accept the grant.
RECOMMENDED ACTION:
- Discussion only – no action is being requested.
i
FY 2011 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM
GRANT AGREEMENT BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF ARLINGTON
GRANT AGREEMENT NUMBER
G1100012
TABLE OF CONTENTS
PART I. GENERAL INFORMATION .......................................................................................... 3
PART II. PERFORMANCE MEASURES ..................................................................................... 4
PART III. PROJECT DESCRIPTION ........................................................................................... 5
PART IV. PROJECT BUDGET ..................................................................................................... 5
PART V. SCOPE OF WORK ......................................................................................................... 6
PART VI. SPECIAL TERMS AND CONDITIONS .................................................................... 10
ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE
CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT
SECTION 319 NONPOINT SOURCE FUND............................................................................. 12
ARCHEOLOGICAL AND CULTURAL RESOURCES ......................................................................................................... 12
EDUCATION AND OUTREACH ..................................................................................................................................... 12
EQUIPMENT PURCHASE ............................................................................................................................................. 12
FUNDING RECOGNITION ............................................................................................................................................ 13
INCREASED OVERSIGHT ............................................................................................................................................. 13
INDIRECT RATE ......................................................................................................................................................... 13
LIGHT REFRESHMENTS .............................................................................................................................................. 13
MINORITY AND WOMEN'S BUSINESS PARTICIPATION ................................................................................................ 13
PAYMENT REQUEST SUBMITTALS.............................................................................................................................. 14
POST PROJECT ASSESSMENT ...................................................................................................................................... 14
PROCUREMENT .......................................................................................................................................................... 15
PROGRESS REPORTS .................................................................................................................................................. 15
REQUIRED DOCUMENT SUBMITTALS ......................................................................................................................... 15
SPECIAL CONDITION FOR RECIPIENTS IN SNOHOMISH AND KING COUNTY .............................................................. 16
WATER QUALITY MONITORING ................................................................................................................................. 16
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ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT
AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 18
A. RECIPIENT PERFORMANCE ........................................................................................................................... 18
B. SUBGRANTEE/CONTRACTOR COMPLIANCE ............................................................................................. 18
C. THIRD PARTY BENEFICIARY ......................................................................................................................... 18
D. CONTRACTING FOR SERVICES (BIDDING) ................................................................................................. 18
E. ASSIGNMENTS .................................................................................................................................................. 18
F. COMPLIANCE WITH ALL LAWS ..................................................................................................................... 18
G. KICKBACKS....................................................................................................................................................... 19
H. AUDITS AND INSPECTIONS ........................................................................................................................... 19
I. PERFORMANCE REPORTING ........................................................................................................................... 19
J. COMPENSATION ................................................................................................................................................ 19
K. TERMINATION .................................................................................................................................................. 20
L. WAIVER .............................................................................................................................................................. 21
M. PROPERTY RIGHTS ......................................................................................................................................... 21
N. SUSTAINABLE PRODUCTS ............................................................................................................................. 22
O. RECOVERY OF PAYMENTS TO RECIPIENT ................................................................................................. 22
P. PROJECT APPROVAL ........................................................................................................................................ 23
Q. DISPUTES ........................................................................................................................................................... 23
R. CONFLICT OF INTEREST ................................................................................................................................. 23
S. INDEMNIFICATION .......................................................................................................................................... 23
T. GOVERNING LAW ............................................................................................................................................ 24
U. SEVERABILITY ................................................................................................................................................. 24
V. PRECEDENCE .................................................................................................................................................... 24
3
MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM
FUNDING AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF ARLINGTON
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology (DEPARTMENT), and the City of Anacortes (RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title: Municipal Stormwater Capacity
Grant Program
State Fiscal Year: FY2011
Grant Number: G1100012
RECIPIENT Name: City of Arlington
Mailing Address: 238 N. Olympic Ave.
Arlington, WA 98223
RECIPIENT Federal ID Number: 91-6001401
Total Eligible Cost ($70,000 plus per capita calculated amount): $115,678
DEPARTMENT Funding Sources:
State Toxics Control Account: $45,678
Local Toxics Control Account: $70,000
Referendum ##: $
Referendum ##: $
DEPARTMENT Share: $115,678
DEPARTMENT Maximum Percentage: 100%
4
RECIPIENT Contact: Kris Wallace
Telephone Number: (360) 403-3538
Fax Number: (360) 435-7944
E-Mail Address: kwallace@arlingtonwa.gov
RECIPIENT Billing Contact: Kris Wallace
Telephone Number: (360) 403-3538
Fax Number: (360) 435-7944
E-Mail Address: kwallace@arlingtonwa.gov
DEPARTMENT Project/Financial Manager: Tracy Farrell
Mailing Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Telephone Number: 360- 407-6502
Fax Number: 360- 407-7151
E-Mail Address:
DESIGNATED LOCAL
GOVERNMENT PARTNERS N.A.
(if applicable)
For partnerships, the lead government and partners must submit a copy of the signed agreement
in Appendix B with each copy of the grant agreement.
The effective date of this grant agreement is July 1, 2010. Any work performed prior to the
effective date of this agreement is not eligible for reimbursement.
This agreement expires on June 30, 2012.
PART II. PERFORMANCE MEASURES
A. Water Quality Goal.
Improved stormwater oversight and water quality protection through the direct
development and implementation of a comprehensive stormwater management program.
OR ** Use the following for Construction Projects – delete if not applicable
A. The overall goals of this project are focused on the protection of [name of water body]
and include one or more of the following:
1. Stormwater system retrofits
2. Low impact development best management practices
B. Project Outcomes.
5
Implementation of Phase I and II municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permits.
OR ** Use the following for Construction Projects – delete if not applicable
B. Water Quality Project Outcomes. The following summarize the quantitative results
anticipated from the project:
1.
2.
3.
**Add more as needed
C. Post Project Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT’s Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Approximate Post Project Assessment Date: June 30, 2013
PART III. PROJECT DESCRIPTION
**For NPDES activities only – choose the following Project Description:
The RECIPIENT’s stormwater project will address implementation or management of municipal
stormwater programs.
**For planning/design/construction projects –fill in an appropriate Project Description:
PART IV. PROJECT BUDGET
Municipal Stormwater Capacity Grants Program, FY2011
Elements/Objects
TOTAL ELIGIBLE
COST (TEC)*
Task 1 – Project Administration/Management (limited to 10% of total) $
Task 2 – Implementation and management of Stormwater Program $
Task 3 - $
Task 4 - $
Task 5 - $
6
Total (limited to $ per RECIPIENT partner) $115,678
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2011 (100% of TEC)
$115,678
Payment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT’s Project/Financial Manager. The DEPARTMENT’s
Project/Financial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT will ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of
the final contract to the DEPARTMENT’s Project/Financial Manager.
Task 1 - Project Administration/Management
A. The RECIPIENT will administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT will manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT will carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT will submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT’s Project/Financial Manager. Copies of all
applicable forms will be included with an original A19-1A, and will be submitted to the
7
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecology Grants and Loans at http://www.ecy.wa.gov/biblio/9118.html
D. If work conducted results in a report, the RECIPIENT will submit the following to the
DEPARTMENT’s Project/Financial Manager and in the quantities identified:
Draft project completion reports – one electronic copy
Final project completion reports – five copies
Electronic copy of final project completion report
The RECIPIENT will submit two copies of any document(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Task 2 – Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT will address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
The following is a list of elements your project may include. Please check all boxes that
apply to your project.
Public education and outreach activities
Public involvement and participation activities
Illicit discharge detection and elimination (IDDE) program activities, including:
1. Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s);
2. Staff training;
3. Activities to identify and remove illicit stormwater discharges;
4. Dry weather outfall screening procedures and field activities;
5. Complaint hotline database or tracking system improvements.
Activities to support programs to control runoff from new development,
redevelopment, and construction sites, including:
1. Development of an ordinance and associated technical manual;
2. Inspections before, during, and upon completion of construction, or for post-
construction long-term maintenance;
3. Training for plan review and/or inspection staff.
Required Forms: Where Eligible Costs Have Incurred:
Form A19-1A (original signature) Form E (ECY 060-12)
Form B2 (ECY 060-7) Form F (ECY 060-13)
Form C2 (ECY 060-9) Form G (ECY 060-14)
Form D (ECY 060-11) Form H (F-21)
Form I (ECY 060-15)
8
Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
1. Inspecting and/or maintaining the MS4 infrastructure;
2. Developing and/or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
Annual reporting activities, including developing a summary of identified barriers to
the use of low impact development.
Establishing and refining stormwater utilities, including stable rate structures.
Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a
Quality Assurance Project Plan that Ecology approves prior to awarding funding for
monitoring.
Monitoring, including:
1. Developing a report to plan for monitoring the next permit cycle;
2. Monitoring activities to meet Phase I permit requirements;
Structural stormwater controls program activities (Phase I permit requirement)
Source control for existing development (Phase I permit requirement), including:
1. Inventory and inspection program;
2. Technical assistance and enforcement;
3. Staff training.
Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use
(such as a general us pick-up truck). Qualified equipment purchases include but are
not limited to:
1. Illicit discharge testing equipment and materials;
2. Vactor truck or sweeper truck or MS4 maintenance activities;
3. Electronic devices dedicated to mapping of MS4 facilities and attributes;
4. Software dedicated to tracking permit implementation activities.
** Delete the following Tasks if not applicable
PLANNING and DESIGN PROJECTS, use the following task:
Task 3 – Stormwater Retrofit or LID Planning and Design Only (Total Task Cost: $ )
** Use the following Tasks as applicable for design/construct or construction projects
DESIGN/CONSTRUCT PROJECTS: use the following tasks:
Task 4 – Plans and Specifications (Total Task Cost: $ )
A. Plans and specifications must be submitted to the DEPARTMENT's Project Manager 45
days prior to bid advertisement. The DEPARTMENT’s Project Manager will work with
Ecology’s engineer to review the plans and specifications for consistency. The
RECIPIENT must justify significant deviations from the following:
1. The following depends on the region that your project is conducted:
Western Washington Stormwater Maintenance Manual (SWMMWW), found at:
9
http://www.ecy.wa.gov/programs/wq/stormwater/manual.html, or
Eastern Washington Stormwater Maintenance Manual found at:
http://www.ecy.wa.gov/biblio/0410076.html, or
Puget Sound Low Impact Development – Technical Guidance found at:
http://www.psp.wa.gov/downloads/LID/LID_manual2005.pdf,
or equivalent design manuals.
2. Good engineering practices and generally recognized engineering standards,
3. The project pre-design report.
B. The plans, specifications, construction contract documents, and addenda must be
approved by the RECIPIENT prior to submittal to the DEPARTMENT.
C. The RECIPIENT will prepare and submit projected construction schedule to the
DEPARTMENT.
D. The RECIPIENT will submit a current, updated construction cost estimate along with
each plans and specifications submittal.
E. All construction plans submitted to the DEPARTMENT will be reduced to no larger than
11-1/2" x 17" in size. The RECIPIENT may bind them with the specifications or related
construction contract documents or bound as a separate document. All reduced drawings
must be legible.
F. The RECIPIENT will develop and submit a maintenance plan for the stormwater
treatment and low impact development (LID) features. The maintenance plan will
describe how the RECIPIENT will ensure project success consistent with the design
manual used; an example may be plant establishment and survival rates. The
maintenance plan must also address long term activities to assure ongoing pollutant
removal and flow-control capability of the project. (See the Stormwater Maintenance
Manual for Eastern or Western Washington Volume 5, Section 4.6)
Required Performance:
1.
2.
3.
Task 5 – Construction Management (Total Task Cost: $ )
A. The RECIPIENT will submit a detailed construction quality assurance plan to the
DEPARTMENT before the start of construction. This plan must describe how adequate
and competent construction oversight will be performed.
10
B. The RECIPIENT will submit a construction schedule to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and/or
updated whenever major changes occur and at a minimum of every three months.
C. The RECIPIENT will, upon completion of construction, provide the DEPARTMENT’s
Project Manager with a set of "as-built" plans that include a record of construction
drawings which reflect major changes, modifications, or other significant revisions made
to the project during construction.
D. The RECIPIENT will provide a Declaration of Completion, signed by the professional
responsible for construction inspection, indicating that the project was completed in
accordance with the plans, specifications, and major change orders.
Required Performance:
1.
2.
3.
Task 6 – Construction (Total Task Cost: $ )
A. The RECIPIENT will submit to the DEPARTMENT’s Project Manager a copy of the
construction contract within 30 days of execution.
Required Performance:
1.
2.
3.
Task 7 - (Total Task Cost: $ )
Required Performance:
1.
2.
3.
*content in the following section can be edited*
PART VI. SPECIAL TERMS AND CONDITIONS
A. Failure to Commence Work. In the event the RECIPIENT fails to commence work on
the project within four months of the signatory date, the DEPARTMENT reserves the
right to terminate this agreement.
B. ** Add more as needed.
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PART VII. ALL WRITINGS CONTAINED HEREIN
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein:
This agreement
Attachment I: General Project Management Requirements for the Municipal Stormwater
Capacity Grants Program.
Attachment II: General Terms and Conditions
The effective edition, at the signing of this agreement, of the DEPARTMENT's
“Administrative Requirements for Ecology Grants and Loans”
The associated funding guidelines that correspond to the fiscal year in which the project
is funded
The applicable statutes and regulations
No subsequent modifications or amendments of this agreement will be of any force or effect
unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and
made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the
DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT
may change their respective staff contacts without the concurrence of either party.
The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the
terms of this agreement, the attachments, all incorporated or referenced documents, as well as all
applicable statutes, rules, and guidelines mentioned in this agreement.
STATE OF WASHINGTON CITY OF ARLINGTON
DEPARTMENT OF ECOLOGY
_____________________________________ ____________________________________
KELLY SUSEWIND, P.E., P.G. DATE JAMES X. KELLY DATE
WATER QUALITY PROGRAM MANAGER [TITLE]
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
12
ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR
THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN
WATER ACT SECTION 319 NONPOINT SOURCE FUND
ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to
implementing any project that involves disturbing soil. Compliance includes coordinating with
the Department of Historic and Archeological Preservation and affected tribes. Executive Order
05-05 is found at:
http://www.dahp.wa.gov/pages/EnvironmentalReview/documents/EO05_05.pdf
The Department of Historic and Archeological Preservation has provided guidance to initiate the
05-05 process that can be accessed online at:
http://www.dahp.wa.gov/pages/Documents/EnvironmentalReview.htm and
http://www.dahp.wa.gov/pages/EnvironmentalReview/documents/eo0505Guidance_000.pdf.
EDUCATION AND OUTREACH
The RECIPIENT must do a regional search for existing materials before producing any new
educational flyers or pamphlets. The RECIPIENT must request the use of those materials before
time and resources are invested to duplicate materials that are already available.
The RECIPIENT must also check the Washington Waters website
http://www.ecy.wa.gov/washington_waters/index.html for useful educational materials. These
materials are available for public use and can be downloaded directly from the website.
The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy
either on floppy disks or CD-ROM of any tangible educational products developed under this
grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters,
media announcements or gadgets, such as a refrigerator magnet with a message. If this is not
practical, the RECIPIENT must provide a complete description including photographs or
printouts of the product.
The RECIPIENT must also supply the DEPARTMENT with the names and contact information
of local project leads.
If there are a significant number of people in the community that speak languages other than
English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other
educational and public outreach materials in English and in the other prevalent language.
* content of this condition can be edited or deleted to fit the needs of the agreement*
EQUIPMENT PURCHASE
The following equipment will be eligible for purchase through this project: . The total cost
of all equipment purchased under this project will not exceed $ . Changes in equipment type
must have prior approval from the DEPARTMENT.
13
FUNDING RECOGNITION
The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in
this project through the use of project signs, acknowledgement in published materials, reports,
the news media, or other public announcements. Projects addressing site-specific locations must
utilize appropriately sized and weather-resistant signs. Sign logos are available from the
DEPARTMENT upon request.
INCREASED OVERSIGHT
If this project is selected for increased oversight (as indicated on page 3 of this agreement), the
RECIPIENT must submit all backup documentation with each payment request submittal. In
addition, the DEPARTMENT’s Project Manager must establish a schedule for additional site
visits to provide technical assistance to the RECIPIENT and verify progress or payment
information.
INDIRECT RATE
To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent
based on employees’ direct salary and benefit costs incurred while conducting project-related
work. The DEPARTMENT’s Financial Manager may require a list of items included in the
indirect rate at any time.
LIGHT REFRESHMENTS
The RECIPIENT may spend up to $ per meeting for light refreshments associated with this
project. The total amount spent for light refreshments under this agreement cannot exceed
$ .
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned
(MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
14
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. Please include the
following information:
a) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
b) The total dollar amount paid to qualified firms under this invoice.
PAYMENT REQUEST SUBMITTALS
Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often
than monthly, unless allowed by the DEPARTMENT’s Financial Manager. The
DEPARTMENT’s Financial Manager may require the RECIPIENT to submit regular payment
requests to ensure efficient and timely use of funds.
Supporting Documentation. The RECIPIENT must submit all payment request vouchers and
supportive documentation to the DEPARTMENT’s Financial Manager. Payment request
voucher submittals are based on match requirements found in the budget.
Required Forms.
Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project,
regardless of the source of funding for those costs. This includes costs used as match. All
eligible and ineligible project costs must be separate and identifiable.
Reimbursements. Payments will be made on a cost-reimbursable basis.
POST PROJECT ASSESSMENT
The RECIPIENT agrees to submit a brief survey regarding the key project results or water
quality project outcomes and the status of long-term environmental results or goals from the
project three years after project completion.
(original signature)(original signature)
15
The DEPARTMENT’s Water Quality Program Performance Measures Lead will contact the
RECIPIENT before the Post Project Assessment date to request this data.
The DEPARTMENT may also conduct site interviews and inspections, and may otherwise
evaluate the Project, as part of this assessment.
PROCUREMENT
The RECIPIENT certifies by signing this agreement that all applicable requirements have been
satisfied in the procurement of any professional services.
PROGRESS REPORTS
The RECIPIENT must submit quarterly progress reports to the DEPARTMENT’s Financial
Manger and Project Manager. Payment requests will not be processed without a progress report.
Reporting Periods.
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter.
Report Content. At a minimum, all progress reports must contain a comparison of actual
accomplishments to the objectives established for the period, the reasons for delay if established
objectives were not met, analysis and explanation of any cost overruns, and any additional
pertinent information specified in this agreement. The recipient must also attach all landowner
agreements signed during the respective quarter to each progress report.
REQUIRED DOCUMENT SUBMITTALS
The RECIPIENT must submit the following documents to the DEPARTMENT as requested by
the DEPARTMENT’s Project Manager or Financial Manager:
Draft project completion reports – up to 3 copies
Electronic copy of final project completion report – 1 copy
Final project completion reports – up to 8 copies
Final project completion reports of statewide significance – up to 50 copies
Educational products developed under this agreement – up to 2 copies
Documents that require DEPARTMENT Approval – 2 copies (one for the
DEPARTMENT and one for the RECIPIENT)
Interlocal agreements – 1 copy for the DEPARTMENT’s Financial Manager
Professional services procurement agreements – 1 copy to the DEPARTMENT’s
Financial Manager
16
Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded
Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching
requirement.
Federal Clean Water Act Section 319 Grant Data Reporting Form – 1 copy to
DEPARTMENT’s Financial Manager during the first quarter following the effective date
of the agreement
Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form – 1 copy to
the DEPARTMENT’s Financial Manager by January 15 of each year and at the end of
the project.
* this condition may be deleted if not applicable*
SPECIAL CONDITION FOR RECIPIENTS IN SNOHOMISH AND KING COUNTY
For RECIPIENTS in either Snohomish or King County: When this agreement crosses the
RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project
described herein will be contingent upon appropriation of funds by the RECIPIENT's governing
body; provided that nothing contained herein will preclude the DEPARTMENT from demanding
repayment of funds paid to the RECIPIENT in accordance with Section O of the appended
General Terms and Conditions.
WATER QUALITY MONITORING
Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities,
the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must
follow Ecology’s Guidelines and Specifications for Preparing Quality Assurance Project Plans
for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003). The applicant
may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments,
revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing
the QAPP.
The RECIPIENT must submit the QAPP to Ecology’s project manager for review, comment, and
must be approved before starting the environmental monitoring activities.
The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water
samples for all parameters to be analyzed that require bench testing. Information on currently
accredited laboratories and the accreditation process is provided on the Department of Ecology’s
Environmental Assessment Program’s website, available at:
http://www.ecy.wa.gov/programs/eap/labs/search.html
The RECIPIENT should manage all monitoring data collected or acquired under this agreement
in order to be available to secondary users and meet the “ten-year rule.” The ten-year rule means
that data documentation is sufficient to allow an individual not directly familiar with the specific
monitoring effort to understand the purpose of the data set, methods used, results obtained, and
quality assurance measures taken ten years after data are collected.
17
Monitoring Data Submittal / Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all data to Ecology through the
Environmental Information Management System (EIM). Data must be submitted by following
instructions on the EIM website, currently available at:
http://www.ecy.wa.gov/eim
The data submittal portion of the EIM website provides information and help on formats and
requirements for submitting tabular data. Specific questions about data submittal can be directed
to the EIM Data Coordinator, currently available at:
eim_data_coordinator@ecy.wa.gov
If GIS data is collected, Ecology data standards are encouraged. An Ecology Focus Sheet
entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards.
Common standards must be used for infrastructure details, such as geographic names,
Geographic Information System (GIS) coverage, list of methods, and reference tables.
18
ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO
GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if
that has been included in the agreement’s final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT
shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits. Prior to commencement of any construction, the RECIPIENT shall
secure the necessary approvals and permits required by authorities having ju risdiction over
the project, provide assurance to the DEPARTMENT that all approvals and permits have
been secured, and make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal
and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally-funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to
women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages
and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
19
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise
entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object. All grant/loan records shall be kept in a manner which provides an audit
trail for all expenditures. All records shall be kept in a common file to facilitate audits and
inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any
duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any
such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources.
The RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response
and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date
of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall
be accompanied by a statement of the action taken or proposed and any assistance needed from
the DEPARTMENT to resolve the situation. Payments may be withheld if required progress
reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31,
April 1 through June 30, July 1 through September 30, and October 1 through December 31.
Reports shall be due within thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by
the DEPARTMENT along with documentation of the expenses. Payments shall be made for
20
each task/phase of the project, or portion thereof, as set out in the Scope of Work when
completed by the RECIPIENT and approved as satisfactory by the Project Officer. The
payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work.
Instructions for submitting the payment requests are found in "Administrative Requirements
for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this
document shall be furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment
requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the
expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five (45) days after the expiration date of this agreement and
within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in
delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when
the project(s) described herein, or a portion thereof, have been completed if, in the
DEPARTMENT's sole discretion, such payment is reasonable and approved according to this
agreement and, as appropriate, upon completion of an audit as specified under section J.6.
herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by
the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT
or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for
in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to
perform any obligation required of it by this agreement, the DEPARTMENT may refuse to
pay any further funds there under and/or terminate this agreement by giving written notice of
termination.
A written notice of termination shall be given at least five working days prior to the effective
date of termination. In that event, all finished or unfinished documents, data studies, surveys,
21
drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of
Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT
may withhold payments for the purpose of setoff until such time as the exact amount of
damages due the DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on
the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year.
The failure to appropriate or allot such funds shall be good cause to terminate this agreement
as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT
to continue or complete the project described herein shall be contingent upon appropriation of
funds by the RECIPIENT's governing body; provided, however, that nothing contained
herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to
the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any
date agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes. Where federal funding is involved, the
federal government may have a proprietary interest in patent rights to any inventions that are
developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in
printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
22
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of
all real and personal property purchased wholly or in part with funds furnished by the
DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be
returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair
market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement.
Such evidence may include title insurance policies, Torrens certificates, or
abstracts, and attorney's opinions establishing that the land is free from any
impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval
may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of
the sale, lease or other conversion or encumbrance which monies granted pursuant to this
agreement bear to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g., recycled
paper). For more information, see http://www.ecy.wa.gov/sustainability/.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the
project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in
the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of
twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds.
If payments have been discontinued by the DEPARTMENT due to insufficient funds as in
23
Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid
to the
RECIPIENT prior to such termination. Any property acquired under this agreement, at the option
of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal
decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer
or other designated official who shall provide a written statement of decision to the RECIPIENT.
The decision of the Project Officer or other designated official shall be final and conclusive
unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or
otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with
appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be
heard and to offer evidence in support of this appeal. The decision of the Director or duly
authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from
the Director's determination shall be brought in the Superior Court of Thurston County. Review
of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the
RECIPIENT shall proceed diligently with the performance of this agreement and in accordance
with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he/she is, directly or indirectly interested; nor
shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all
24
injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which
can be given effect without the invalid provision, and to this end the provisions of this agreement
are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable
Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans"; and (e) the General Terms and Conditions.
SS-010 Rev. 04/04
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
August 9, 2010
SUBJECT: Comprehensive Emergency
Management Plan
DEPARTMENT OF ORIGIN:
FIRE
ATTACHMENTS:
- Change to Mayor Pro Tem / Alternate Mayor Pro Tem
(The CEMP was previously distributed to Council)
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: DNA
LEGAL REVIEW: DNA
DESCRIPTION: The Comprehensive Emergency Management Plan (CEMP) is an all hazards
plan that provides the structure and mechanisms for policy and operational coordination for
emergency management. This plan is consistent with the National Incident Management
System (NIMS) and parallels the Snohomish County’s CEMP. The CEMP was first presented to
the Council at the May 24, 2010 Council Workshop. Council was to review the plan and
provide written comments or suggestions to be considered by the Council at the August 9, 2010
Council Workshop.
HISTORY: The City’s CEMP was last updated in 2003.
ALTERNATIVES:
Continue to function under the County’s CEMP as an advisory member of the Department of
Emergency Management.
RECOMMENDED ACTION:
There is no action at this time.
CEMP – Change to Mayor Pro Tem / Alternate Mayor Pro Tem
Temporary Absence – During the temporary absence or incapacity of the mayor, the
Mayor Pro Tem will be acting mayor and will assume the powers and duties of the
mayor including those for emergencies and veto power.
In the absence of both the Mayor and Mayor Pro Tem, the council member with the
longest tenure will assume the office of acting mayor. If more than one council member
has the same total period of tenure in office the council member who received the
largest number of votes at the last election will be acting mayor. Alternate Mayor Pro
Tem will assume the office.
Vacancy – When a mayoral vacancy occurs, the Mayor Pro Tem will serve as the acting
mayor with all powers and duties of the mayor, including emergency powers, until a
mayoral successor is elected. A mayoral vacancy arises when one or more of the
following occurs:
o Resignation
o Death
o Judicial determination of incompetence
o Conviction of a felony
o Removal from office for breach of public trust
If the Mayor Pro Tem is unable to serve as acting mayor, the council member with the
longest tenure Alternate Mayor Pro Tem will assume the office of acting mayor. If more
than one council member
has the same total period of tenure in office the council member who received the
largest number of votes at the last election will be acting mayor.
CEMP – Change to Mayor Pro Tem / Alternate Mayor Pro Tem
Temporary Absence – During the temporary absence or incapacity of the mayor, the
Mayor Pro Tem will be acting mayor and will assume the powers and duties of the
mayor including those for emergencies and veto power.
In the absence of both the Mayor and Mayor Pro Tem, the council member with the
longest tenure will assume the office of acting mayor. If more than one council member
has the same total period of tenure in office the council member who received the
largest number of votes at the last election will be acting mayor. Alternate Mayor Pro
Tem will assume the office.
Vacancy – When a mayoral vacancy occurs, the Mayor Pro Tem will serve as the acting
mayor with all powers and duties of the mayor, including emergency powers, until a
mayoral successor is elected. A mayoral vacancy arises when one or more of the
following occurs:
o Resignation
o Death
o Judicial determination of incompetence
o Conviction of a felony
o Removal from office for breach of public trust
If the Mayor Pro Tem is unable to serve as acting mayor, the council member with the
longest tenure Alternate Mayor Pro Tem will assume the office of acting mayor. If more
than one council member
has the same total period of tenure in office the council member who received the
largest number of votes at the last election will be acting mayor.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
August 9, 2010
SUBJECT:
Revision to the City Council Rules of
Procedure for the terms of Mayor Pro Tem
and Alternate Mayor Pro Tem and
participation in Council meetings by phone
DEPARTMENT OF ORIGIN:
Legal
ATTACHMENTS:
Council Rules of Procedure, revised March 2009 with strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney wrote the proposed language
DESCRIPTION:
The City Council requested that new language be included in the Council Rules of Procedure to
outline the terms of the Mayor Pro Tem and Alternate Mayor Pro Tem.
City Council is also requested to consider language regarding the participation of Council
members in Council meetings by phone.
In accordance with the Council requests, the City Attorney has revised the Council Rules of
Procedure.
HISTORY:
The City Council initially adopted rules of procedure in 2002. The Council has periodically
updated these procedures. The Rules of Procedure were last updated in March 2009.
ALTERNATIVES:
RECOMMENDED ACTION:
No action at this time.
March 9, 2009August 4, 2010
Page 1
City Council Rules of Procedure
I General Rules
1.1 Meetings to be Public: All official meetings of the Arlington City Council shall be
open to the public with the exception of executive sessions for certain limited topics (as
defined in RCW Chapter 42.30). The journal of proceedings (minute book) shall be open
to public inspection.
1.2 Quorum: Four Councilmembers shall be in attendance to constitute a quorum and be
necessary for the transaction of business. If a quorum is not present, those in attendance
will be named and they shall adjourn to a later time, but no adjournment shall be for a
longer period than until the next regular meeting. Attendance by speakerphone shall be
permitted at the discretion of the Mayor and with the consent of the Councilmembers in
attendance; provided, however, that attendance by speakerphone shall not be authorized
for public hearings or quasi-judicial hearings.
1.3 Attendance, Excused Absences: RCW 35A. 12.060 provides that a Councilmember
shall forfeit his/her office by failing to attend three (3) consecutive regular meetings of
the Council without being excused by the Council. Members of the Council may be so
excused by complying with this section. The member shall contact the Chair prior to the
meeting and state the reason for his/her inability to attend the meeting. If the member is
unable to contact the Chair, the member shall contact the City Clerk or Deputy City
Clerk, who shall convey the message to the Chair. The Chair shall inform the Council of
the member's absence, state the reason for such absence and inquire if there is a motion to
excuse the member. Upon passage of such motion by a majority of members present, the
absent member shall be considered excused and the Recorder will make an appropriate
notation in the minutes. If the motion is not passed, the Recorder will note in the minutes
that the absence is unexcused.
1.4 Journal of Proceedings: A journal of all proceedings of the Council shall be kept by
the City Clerk and shall be entered in a book constituting the official record of the
Council.
1.5 Right of Floor: Any member desiring to speak shall be recognized by the Chair and
shall confine his/her remarks to one subject under consideration or to be considered.
1.6 Rules of Order. Roberts Rules of Order Newly Revised shall be the guideline
procedures for the proceedings of the Council. If there is a conflict, these rules shall
apply.
2. Types of Meetings
2.1 Regular Council Meetings: The Council shall meet on the first and third Monday of
each month at 7 p.m. When a Council meeting falls on a holiday, the Council shall meet
Formatted: Font: Bold
March 9, 2009August 4, 2010
Page 2
on Tuesday following the Monday holiday. The Council may reschedule regular meetings
to a different date or time by motion. The location of the meetings shall be the Council
Chambers at city hall110 E. Third Street, unless specified otherwise by a majority vote of
the Council. All regular and special meetings shall be public.
2.2 Special Meetings: Special meetings may be called by the Mayor or any four (4)
members of the Council. The City Clerk shall prepare a notice of the special meeting
stating the time, place and business to be transacted. The City Clerk shall attempt to
notify each member of the Council, either by telephone or otherwise, of the special
meeting. The City Clerk shall give at least 24 hours' notice of the special meeting to each
local newspaper of general circulation and to each local radio and/or television station,
which has filed with the Clerk a written request to be notified of special meetings. No
subjects other than those specified in the notice shall be considered. The Council may not
make final disposition on any matter not mentioned in the notice.
Special meetings may be called in less than 24 hours, and without the notice required in
this section, to deal with emergencies involving injury or damage to persons or property
or the likelihood of such injury or damage if the notice requirements would be
impractical or increase the likelihood of such injury or damage.
2.3 Continued and Adjourned Sessions: Any session of the Council may be continued
or adjourned from day to day, or for more than one day, but no adjournment shall be for a
longer period than until the next regular meeting.
2.4 Study Sessions and Workshops: The Council may meet informally in study sessions
and workshops, at the call of the Mayor or of any three or more members of the Council,
to review forthcoming programs of the city, receive progress reports on current programs
or projects, receive other similar information from city department heads or conduct
procedures workshops, provided that all discussions and conclusions thereon shall be
informal and do not constitute official actions of the Council. Study sessions and
workshops held by the Council are "special meetings" of the Council, and the notice
required by RCW 42.30.080 must be provided.
2.5 Executive Sessions: Executive sessions or closed meetings may be held in
accordance with the provisions of the Washington State Open Public Meetings Act
(Chapter 42.30 RCW). Among the topics that may be discussed in executive session or
closed meetings are: (1) personnel matters; (2) consideration of acquisition of property
for public purposes or sale of city-owned property; and (3) potential or pending litigation
in which the city has an interest, as provided in the Revised Code of Washington. The
Council may hold an executive session during a regular or special meeting.
Before convening in executive session the Chair shall publicly announce the purpose for
excluding the public from the meeting place and the time when the executive session will
be concluded. If the Council wishes to adjourn at the close of a meeting from executive
session, that fact will be announced along with the estimated time for the executive
March 9, 2009August 4, 2010
Page 3
session. The announced time limit for executive sessions may be extended to a stated
later time by the announcement of the Chair.
2.6 Attendance of Media at Council Meetings: All official meetings of the Council and
its committees shall be open to the media, freely subject to recording by radio, television
and photographic services at any time, provided that such arrangements do not interfere
with the orderly conduct of the meetings.
3. Chair and Duties
3.1 Chair: The Mayor, if present, shall preside as Chair at all meetings of the Council. In
the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the
Mayor and Mayor Pro Tem, the Council shall elect a Chair.
3.2 Call to Order: The meetings of the Council shall be called to order by the Mayor or,
in his absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro
Tem, the meeting shall be called to order by the City Clerk or Clerk's designee for the
election of a temporary Chair.
3.3 Preservation of Order: The Chair shall preserve order and decorum; prevent attacks
on personalities or the impugning of members' motives and confine members in debate to
the question under discussion.
3.4 Points of Order: The Chair shall determine all points of order, subject to the right of
any member to appeal to the Council. If any appeal is taken, the question shall be "Shall
the decision of the Chair be sustained?"
3.5 Questions to be Stated: The Chair shall state all questions submitted for a vote and
announce the result. A roll call vote shall be taken upon all questions.
3.6 Mayor - Powers: The Mayor may not make or second motions, but may participate
in debate to the extent that such debate does not interfere with chairing the meeting. If
the mayor wishes to participate vigorously in the debate of an issue, the Mayor shall turn
over chairing of that portion of the meeting to the Mayor Pro Tem, or to another
Councilmember if the Mayor Pro Tem is absent. The Mayor's voting rights and veto
power are as specified in RCW 35A. 12. 100.
4. Order of Business and Agenda
4.1 Order of Business: The order of business for all regular meetings shall be transacted
as follows unless the Council, by a majority vote of the members present suspends the
rules and changes the order:
(1) Call to Order
(2) Pledge of Allegiance
March 9, 2009August 4, 2010
Page 4
(3) Visitors
(4) Presentations/Proclamations/Communications
(5) Consent Agenda
(6) Action Items
(7) Council Committee Reports
(8) Information
(9) Executive Session
(10) Reconvene
(11) Adjourn
The Consent Agenda may contain items which are of a routine and non-controversial
nature which may include, but are not limited to, the following: meeting minutes, payroll,
claims, budget amendments, park use requests and any item previously approved by
Council with a unanimous vote and which is being submitted to Council for final
approval. Any item on the Consent Agenda may be removed and considered separately as
an agenda item at the request of any Councilmember or any person attending a Council
meeting.
4.2 Council Agenda: The mayor shall prepare the agenda for Council meetings.
Subject to the Council's right to amend the agenda, no legislative item shall be voted
upon which is not on the Council agenda, except in emergency situations (defined as
situations which would jeopardize the public's health, safety or welfare).
4.3 Mayor and Councilmember Comments and Concerns: The agenda shall provide a
time when the Mayor ("Mayor's Reports") or any Councilmember ("Comments From
Councilmembers") may bring before the Council any business that he/she feels should be
deliberated upon by the Council. These matters need not be specifically listed on the
agenda, but formal action on such matters may be deferred until a subsequent Council
meeting, except that immediate action may be taken upon a vote of a majority of all
members of the Council. There shall be no lectures, speeches or grandstanding.
5. Consensus and Motions
5.1 Motions: No motion shall be entertained or debated until duly seconded and
announced by the Chair. The motion shall be recorded and, if desired by any
Councilmember, it shall be read by the Recorder before it is debated and, by the consent
of the Council, may be withdrawn at any time before action is taken on the motion.
5.2 Votes on Motions: Votes shall be taken by voice vote; provided, that any member of
the Council may request a roll call vote on any matter. Each member present shall vote
on all questions put to the Council except on matters in which he or she has been
disqualified for a conflict of interest or under the appearance of fairness doctrine. Such
member shall disqualify himself or herself prior to any discussion of the matter and shall
March 9, 2009August 4, 2010
Page 5
leave the Council Chambers. When disqualification of a member or members results or
would result in the inability of the Council at a subsequent meeting to act on a matter on
which it is required by law to take action, any member who was absent or who had been
disqualified under the appearance of fairness doctrine may subsequently participate,
provided such member first shall have reviewed all materials and listened to all tapes of
the proceedings in which the member did not participate.
5.3 Failure to Vote on a Motion: Any Councilmember present who fails to vote without
a valid disqualification shall be declared to have voted in the affirmative on the question.
5.4 Motions to Reconsider: A motion to reconsider must be made by a person who voted
with the majority on the principal question and must be made at the same or succeeding
regular meeting. No motion to reconsider an adopted quasi-judicial written -decision shall
be entertained after the close of the meeting at which the written findings were adopted.
6. Public Hearing Procedures
6.1 Speaker Sign-In: Prior to the start of a public hearing the Chair may require that all
persons wishing to be heard sign in with the Recorder, giving their name and whether
they wish to speak as a proponent, opponent or from a neutral position. Any person who
fails to sign in shall not be permitted to speak until all those who signed in have given
their testimony.
The Chair, subject to the concurrence of a majority of the Council, may establish time
limits and otherwise control presentations. (Suggested time limit is three minutes per
speaker or five minutes when presenting the official position of an organization or
group.) The Chair may change the order of speakers so that testimony is heard in the
most logical groupings (i.e. proponents, opponents, adjacent owners, etc.).
6.2 Conflict of Interest/Appearance of Fairness: Prior to the start of a public hearing
the Chair will ask if any Councilmember has a conflict of interest or Appearance of
Fairness Doctrine concern which could prohibit the Councilmember from participating in
the public hearing process. A Councilmember who refuses to step down after challenge
and the advice of the City Attorney, a ruling by the Mayor or Chair and/or a request by
the majority of the remaining members of the Council to step down is subject to censure.
The Councilmember who has stepped down shall not participate in the Council decision
nor vote on the matter. The Councilmember shall leave the Council Chambers while the
matter is under consideration, provided, however, that nothing herein shall be interpreted
to prohibit a Councilmember from stepping down in order to participate in a hearing in
which the Councilmember has a direct financial or other personal interest
6.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public
hearing and announces the following Rules of Order:
March 9, 2009August 4, 2010
Page 6
(1) All comments by proponents, opponents or other members of the public shall be made
from the podium; any individuals making comments shall first give their name and
address. This is required because an official recorded transcript of the public hearing is
being made.
(2) No comments shall be made from any other location. Anyone making "Out of
Order" comments shall be subject to removal from the meeting. If you are disabled and
require accommodation, please advise the Recorder.
(3) There will be no demonstrations during or at the conclusion of anyone's presentation.
(4) These rules are intended to promote an orderly system of holding a public hearing, to
give every person an opportunity to be heard, and to ensure that no individual is
embarrassed by exercising his/her right of free speech.
· The Chair calls upon city staff to describe the matter under consideration.
· The Chair calls upon proponents, opponents and all other individuals who wish to
speak regarding the matter under consideration.
· The Chair inquires as to whether any Councilmember has questions to ask the
proponents, opponents, speakers or staff. If any Councilmember has questions, the
appropriate individual will be recalled to the podium.
· The Chair continues the public hearing to a time specific or closes the public
hearing.
7. Duties and Privileges of Citizens
7.1 Meeting Participation: Citizens are welcome at all Council meetings and are
encouraged to attend and participate prior to the deliberations of the Council. Recognition
of a speaker by the Chair is a prerequisite and necessary for an orderly and effective
meeting, be the speaker a citizen, Councilmember or staff member. Further, it will be
expected that all speakers will deliver their comments in a courteous and efficient manner
and will speak only to the specific subject under consideration. Anyone making out-of-
order comments or acting in an unruly manner shall be subject to removal from the
meeting. Use of cellular telephones is prohibited in the Council Chambers.
7.2 Subjects Not on the Current Agenda: Under agenda item "Comments From
Citizens" citizens may address any item they wish to discuss with the Mayor and Council.
They shall first obtain recognition by the Chair, state their name, address and subject of
their comments. The Chair shall then allow the comments, subject to a three (3) minute
limitation per speaker, or other limitations as the Chair or Council may deem necessary.
Following such comments, if action is required or has been requested, the Chair may
place the matter on the current agenda or a future agenda or refer the matter to staff or a
Council committee for action or investigation and report at a future meeting.
7.3 Subjects on the Current Agenda: Any member of the public who wishes to address
the Council on an item on the current agenda shall make such request to the Chair or
Presiding Officer. The Chair shall rule on the appropriateness of public comments as the
agenda item is reached. The Chair may change the order of speakers so that testimony is
heard in the most logical grouping (i.e. proponents, opponents, adjacent owners, etc.). All
March 9, 2009August 4, 2010
Page 7
comments shall be limited to three (3) minutes per speaker, or other limitations as the
Chair or Council may deem necessary.
7.4 Manner of Addressing the Council - Time Limit: Each person addressing the
Council shall step up to the podium, give his/her name and address in an audible tone of
voice for the record and, unless further time is granted by the Council, shall limit his/her
remarks to three (3) minutes. Agenda items "Comments From Citizens" and "Continued
Comments From Citizens" shall be limited to a total of 30 minutes each, unless additional
time or less time is agreed upon by the Council (dependent upon the length of the Council
agenda). All remarks shall be addressed to the Council as a body and not to any member
thereof.
No person, other than the Chair, members of the Council and the person having the floor,
shall be permitted to enter into any discussion, either directly or through the members of
the Council. No questions shall be asked of the Councilmembers, except through the
Chair. 'The Council will then determine the disposition of the issue (information -only,
place on present agenda, workshop, a future agenda, assign to staff, assign to Council
Committee or do not consider).
7.5 Personal and Slanderous Remarks: Any person making personal, impertinent or
slanderous remarks or who shall become boisterous while addressing the Council may be
requested to leave the meeting and may be barred from further audience before the
Council during that Council meeting by the Chair or Presiding Officer.
7.6 Written Communications: Interested parties, or their authorized representatives,
may address the Council by written communication in regard to any matter concerning
the city's business or over which the Council had control at any time. The written
communication may be submitted by direct mail or by addressing the communication to
the City Clerk who will distribute copies to the Councilmembers. The communication
will be entered into the record without the necessity for reading as long as sufficient
copies are distributed to members of the audience/public.
7.7 Comments in Violation of the Appearance Of Fairness Doctrine: The Chair may
rule out of order any comment made with respect to a quasi-judicial matter pending
before the Council or its Boards or Commissions. Such comments should be made only at
the hearing on a specific matter. If a hearing has been set, persons whose comments are
ruled out of order will be notified of the time and place when they can appear at the
public hearing on the matter and present their comments.
7.8 ”Out of Order” Comments: Any person whose comments have been ruled out of
order by the Chair shall immediately cease and refrain from further improper comments.
The refusal of an individual to desist from inappropriate, slanderous or otherwise
disruptive remarks after being ruled out of order by the Chair may subject the individual
to removal from the Council Chambers. These rules are intended to promote an orderly
system of holding a public meeting and to give every person an opportunity to be heard.
March 9, 2009August 4, 2010
Page 8
8. Filling Council Vacancies and Selecting Mayor Pro Tem
8.1 Notice of Vacancy: If a Council vacancy occurs, the Council will follow the
procedures outlined in MCW RCW 42.12-.070.
In order to fill the vacancy with the most qualified person available until an election is
held, the Council will widely distribute and publish a notice of the vacancy and the
procedure and deadline for applying for the position.
8.2 Application Procedure: The Council will draw up an application form which
contains relevant information that will answer set questions posed by Council. The
application form will be used in conjunction with an interview of each candidate to aid
the Council's selection of the new Councilmember.
8.3 Interview Process: All candidates who submit an application by the deadline will be
interviewed by the Council during a regular or special Council meeting open to the
public. The order of the interviews will be determined by drawing the names; in order to
make the interviews fair, applicants will be asked to remain outside the Council
Chambers while other applicants are being interviewed. Applicants will be asked to
answer questions submitted to them in advance of the interview and questions posed by
each Councilmember during the interview process. The Councilmembers will ask the
same questions of each candidate. Each candidate will then be allowed two (2) minutes
for closing comments. Since this is not a campaign, comments and responses about other
applicants will not be allowed.
8.4 Selection of Councilmember: The Council may recess into executive session to
discuss the qualifications of all candidates. Nominations, voting and selection of a person
to fill the vacancy will be conducted during an open public meeting.
8.5 Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro
Tem and Alternate Mayor Pro Tem will be selected by a majority vote of the
Councilmembers annually at the second meeting in January in even years or when there
is a vacancy in either office. In selecting the Mayor Pro Tem, the Council will be guided
by the following principles:
• To preserve continuity in the office, the Mayor Pro Tem shall generally
serve for a term of two (2) years.
• The Mayor Pro Tem should have served as a Council member for at least
two (2) years before appointment to the office of Mayor Pro Tem.
• In general, the appointment of Mayor Pro Tem will be to the eligible
Councilmember who has served the longest in office.
March 9, 2009August 4, 2010
Page 9
9. Creation of Committees, Boards and Commissions
9.1 Citizen Committees, Boards and Commissions: The Council may create
committees, boards and commissions to assist in the conduct of the operation of city
government with such duties as the Council may specify not inconsistent with the city
code.
9.2 Membership and Selection: Membership and selection of members shall be as
provided by the Council if not specified otherwise in the city code.
Any committee, board or commission so created shall cease to exist upon the
accomplishment of the special purpose for which it was created, or when abolished by a
majority vote of the Council. No committee so appointed shall have powers other than
advisory to the Council or to the Mayor except as otherwise specified in the city code.
10. Suspension and Amendment of These Rules
10.1 Suspension of these Rules: Any provision of these rules not governed by the city
code may be temporarily suspended by a vote of a majority of the Council.
10.2 Amendment of These Rules: These rules may be amended or new rules adopted by
a majority vote of all members of the Council, provided that the proposed amendments or
new rules shall have been introduced into the record at a prior Council meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
August 9, 2010 Council Workshop
SUBJECT:
Development Agreement between Enviro
Propane and the City of Arlington
DEPARTMENT OF ORIGIN:
Executive
Community Development
ATTACHMENTS:
Development Agreement
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW: Reviewed by Steve Peiffle
DESCRIPTION:
Enviro propane is developing the lot on 74th Avenue NE, on the north half of parcel number
31051400203400. The property will be developed by Enviro Propane under Land Use Permit
PLN20100012 and Public Works Permit PWD20100017. The purpose of the Development
Agreement is to defer the required road improvements in front of the property to a later date.
The property will be accessed with a private road until such time as the public road right of
way is dedicated by an adjacent property owner.
HISTORY:
The lot in question was previously owned by the City. The lot was recently sold to Enviro
Propane. The lot was part of a larger parcel that was subdivided previously. At that time, a
dedication was required of the public right of way that would have accessed the property. An
existing easement for ingress/egress still remains which will allow Enviro Propane to access
their property with a private road. The agreement will allow the City time to acquire the said
right of way from the adjacent property owner. At such time as the City receives the dedication
of right of way, the City will notify Enviro Propane that within 18 months, the ¾ road
improvements will need to be installed. Representatives from Enviro Propane have signed the
agreement. All other code requirements for this project will be met.
ALTERNATIVES:
1. Deny the Development Agreement between Enviro propane and the City.
RECOMMENDED ACTION:
There is no action requested at this time.
AFTER RECORDING, RETURN TO:
BAILEY, DUSKIN, PEIFFLE & CANFIELD, P.S.
P.O. BOX 188
ARLINGTON, WA 98223
OUR FILE NO. 27-515
DEVELOPMENT AGREEMENT
GRANTOR(S): PACER-ENVIRO PROPANE, L.L.C.
GRANTEE(S): City of Arlington
LEGAL (Abbrev.): Lot 20 BLA 9605085005, records of Snohomish County, WA
ASSESSOR'S TAX #: 31051400203400
REFERENCE #:
The City of Arlington, a Washington municipal corporation ("City"), and PACER-
ENVIRO PROPANE, L.L.C., a Washington Limited Liability Company (“Applicant”), do
enter into the following agreement to promote the development of certain real property
located within the City, upon the following terms and conditions ("Agreement").
1. 0 RECITALS
1.1 Location of Property. The City warrants that it controls certain real property located
at 19701 - 74th
Ave.NE, Arlington, WA, legally described as Lot 20 of City of Arlington
Boundary Line Adjustment (BLA) recorded May 8, 1996 under recording number
9605085005 in Snohomish County, WA. Applicant has entered into a purchase and
sale agreement to acquire the property.
1.2 Interim Departure from Installing Required Frontage Improvements (delay).
Arlington Municipal Code (AMC) § 20.56.170 provides that no permit may be issued for
a project unless and until all roads on which the project fronts are developed to their full
¾ street standards. The property is being sold by the City of Arlington to Applicant but
the property is served by a private access and utility easement as depicted on the
above-referenced BLA. The private easement is shown on the face of that BLA as
DEVELOPMENT AGREEMENT 2
being “temporary and will be vacated in the future by the dedication to the City of
Arlington.” Until the property is formally dedicated to public use, the parties agree that
development of the property to City right of way standards may be premature.
1.3 Benefits.
The City recognizes the public benefits which will accrue from frontage
improvements by the permanent development of the property as proposed by Applicant.
Likewise Applicant recognizes the benefit of this agreement to not cause a security to
be set aside for the cost of required improvements for an undetermined length of time.
1.4 Consistentency With Development Regulations.
The proposed development is a
permitted use of Applicant’s property and is generally consistent with current City
development regulations (at the time the land use permit was issued) and the interim
departures therefore provided by this Agreement are offset by the public benefits
received from the permanent use of the property.
1.5 Council Approval.
The City Council has authorized the Mayor or City Administrator
to enter into this Agreement.
2.0 INTERIM DEPARTURE FROM INSTALLING REQUIRED FRONTAGE
IMPROVEMENTS. (Delay).
2.1 Required Frontage Improvements.
The City hereby permits a departure from the
AMC provisions requiring the denial of a permit until all roads which the project fronts
are developed to their half street standards, as required by AMC § 20.56.170. The
elements of the Required Frontage Improvements shall consist of, but not be limited to,
curb/gutter, sidewalk, road widening including asphalt concrete paving and sub grade
features, storm drainage, pavement markings, signage and landscaping, all in full
compliance with the standards and specifications in effect at the time of construction.
2.2 Required Frontage Improvements - When Required
. The City may, upon written
notice to the Applicant, require said improvements to be installed or payment in an
amount equal to the cost to the City of installation of said improvements within eighteen
(18) months of notification by the City to Applicant that the private access easement has
been formally dedicated.
3.0 DISPUTE RESOLUTION
3.1 Party Consultation. In event of any dispute as to interpretation or application of the
terms or conditions of this Agreement, the Property Owner (if the same retains an
ownership interest in the Property), the principal of the project applicant, and the City
Administrator shall meet within ten (10) business days after request from any party for
the purpose of attempting, in good faith, to resolve the dispute. The meeting may, by
DEVELOPMENT AGREEMENT 3
mutual agreement, be continued to a date certain in order to include other parties or
persons, or to obtain additional information.
3.2 Decision of City Administrator
. In the event the parties are unable to reach
agreement as to any dispute, the City Administrator shall issue his or her written
determination concerning the disputed issues, which shall be the final decision of the
City.
3.3 Judicial Appeal.
Any aggrieved party may appeal the decision of the City
Administrator to the Snohomish County Superior Court, as may be allowed by law and
court rules.
4.0 GENERAL PROVISIONS
4.1 Recording.
This Agreement shall, when approved by the City Council and
executed by the parties hereto, be filed as a matter of public record in the office of the
Snohomish County Auditor and shall be in the nature of a covenant running with the
property. It is the intent to have this Agreement, so long as it is in force, to be
considered, interpreted, and regarded as a covenant running with the land as to
Applicant’s Property.
4.2 Applicable Law.
This Agreement shall be governed by and be interpreted in
accordance with the laws of the State of Washington.
4.3 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of each party hereto. The parties acknowledge that
Applicant shall have the right to assign or transfer all or any portion of the interests,
rights and obligations under this Agreement to other parties acquiring an interest or
estate in the property. Consent by the City shall not be required for any transfer or rights
pursuant to this Agreement.
4.4 Severabilitv.
If any provision of this Agreement is determined to be unenforceable
or invalid by a court of law, then this Agreement shall thereafter be modified to
implement the intent of the parties to the maximum extent allowable under law.
4.5 Modification.
This Agreement shall not be modified or amended except in writing
signed by the City and Applicant or their respective successors in interest.
4.6 Merger.
This Agreement represents the entire agreement of the parties with
respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein.
4.7 Duty of Good Faith. Each party hereto shall cooperate with the other in good faith
DEVELOPMENT AGREEMENT 4
to achieve the objectives of this Agreement. The parties shall not unreasonably withhold
requests for information, approvals or consents provided for, or implicit, in this
Agreement.
4.8 Disclosure Upon Transfer
. Applicant agrees that in the event of a proposed sale,
gift, transfer, segregation, assignment or devise of the Property, Applicant shall disclose
the existence of this Agreement to the interested party.
4.9 No Presumption Against Drafter.
This Agreement has been reviewed and revised
by legal counsel for all parties and no presumption or rule that ambiguity shall be
construed against the party drafting the document shall apply to the interpretation or
enforcement of this agreement.
4.10 Notices.
All communications, notices and demands of any kind which a party
under this Agreement is required or desires to give to any other party and be either (1)
delivered personally, (2) sent by facsimile transmission with an additional copy mailed
first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt
requested, and addressed as follows:
If to the City: City of Arlington
238 North Olympic Ave.
Arlington, WA 98223
If to the Applicant: Pacer-Enviro Propane, L.L.C.
P.O. Box 171
Arlington, WA 98223
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed received 48 hours after deposit. Any party at any time by
notice to the other party may designate a different address or person to which such
notice shall be given.
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set
out next to their signatures.
DEVELOPMENT AGREEMENT 5
APPLICANT/PROPERTY OWNER:
PACER-ENVIRO PROPANE, L.L.C.
Date ________________
By: _________________________
CITY OF ARLINGTON:
Date __________________
By: __________________________
City Administrator
Approved as to Form:
__________________________
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
August 9th 2010
SUBJECT:
Authority to Advertise for Bid Proposals
DEPARTMENT OF ORIGIN:
Executive/ Paul Ellis 4603
ATTACHMENTS:
Rendering and floor plans
EXPENDITURES REQUESTED: Project Budget $1,700,000.00
BUDGET CATEGORY: Capital Facilities
LEGAL REVIEW: Pending
DESCRIPTION:
The proposed Station 46 Renovation project would demolish the living quarters on the South
end of the building and replace it with a 3900 square foot two story structure that will provide
the living space for the increased staffing needs of the service area.
A new roof over the truck bays will replace the current aging metal roof and the old
administration building will be demolished to provide parking and an area to wash fire
apparatus.
The project will be advertised for competitive bids in September 2010 with a goal of breaking
ground mid October.
HISTORY:
Fire Station # 46 is located 137 North MacLeod. The original portion of the building was
constructed in 1961. It was expanded in 1972 with the addition of the Northern truck bays.
Currently the living area is too small to accommodate the staffing levels required for the service
area and the building design will not structurally support a second floor addition. The roof is
failing and past the point of repair. Leaks both over the truck bays and in the living area can no
longer be fixed.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
RECOMMENDED ACTION:
Discussion item only