HomeMy WebLinkAbout09-07-10 Council Meeting
Arlington City Council
*Tuesday, September 7, 2010 - 7 PM
City Council Chambers
110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
Steve Baker
-Recognition of Howard Christianson
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Larson
-Cornerstone Award for Minifie Investments, LLC
Paul Ellis
Presentation to Sully – Mayor Larson ~ Kristin Banfield
PUBLIC COMMENT
“Are there any members of the public who would like to address the Council
on matters NOT on the agenda?”
CONSENT AGENDA
1. Minutes of the August 16 & 23, 2010 meetings
Steve Baker
ATTACHMENT A
2. Accounts Payable
3. M3 Financial Utility Easement ATTACHMENT B
Jim Kelly
4. Surplus WWTP Belt Filter Press ATTACHMENT C
Jim Kelly
5. Division Street Dedication ATTACHMENT D
Jim Kelly
6. Bulldog Basketball League Agreement ATTACHMENT E
Kristin Banfield
7. Library Drop Box ATTACHMENT F
Paul Ellis
8. National Preparedness Month Proclamation ATTACHMENT G
Chris Badger
PUBLIC HEARING
UNFINISHED BUSINESS
NEW BUSINESS
1. Resolution Adopting the Arlington Annex to the County Mitigation plan
ATTACHMENT H
Chris Badger
“Are there any members of the public who would like to address the Council on this item?”
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
2. IMCO Change Order #6 for WWTP Project ATTACHMENT I
Jim Kelly
“Are there any members of the public who would like to address the Council on this item?”
3. North County Transfer Station Mitigation Agreement ATTACHMENT J
Jim Kelly
“Are there any members of the public who would like to address the Council on this item?”
4. Waste Management Contract ATTACHMENT K
Jim Kelly
“Are there any members of the public who would like to address the Council on this item?”
5. Ordinance to Change Gambling Tax reporting requirements ATTACHMENT L
from Quarterly to Monthly
Jim Chase
“Are there any members of the public who would like to address the Council on this item?”
6. Ordinance to Change Occupation Taxes reporting requirements ATTACHMENT M
from Quarterly to Monthly
Jim Chase
“Are there any members of the public who would like to address the Council on this item?”
7. Professional Services Agreement with V. Ericson ATTACHMENT N
Paul Ellis
“Are there any members of the public who would like to address the Council on this item?”
8. Revision to the City Council Rules of Procedure – Mayor Pro Tem ATTACHMENT O
& Alternate Mayor Pro Tem
Kristin Banfield
“Are there any members of the public who would like to address the Council on this item?”
9. Employment Agreement with N. Beazley ATTACHMENT P
Kristin Banfield
“Are there any members of the public who would like to address the Council on this item?”
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
DRAFT
Page 1 of 2
Council Chambers
110 East Third
August 16, 2010
City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris
Raezer, and Steve Baker
Council Members Absent: Linda Byrnes (excused)
City Staff Present: Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Paul Ellis, Jan Bauer, and
Steve Peiffle – City Attorney
Also Known to be Present: Ray Harman - Distinguished Senior Citizen
In the absence of Mayor Larson, Mayor Pro Tem Steve Baker called the meeting to order at 7:00PM, and
the pledge of allegiance to the flag followed.
Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion which passed with a
unanimous vote.
APPROVAL OF THE AGENDA
There was no one in the audience who wished to speak to matters not on the Agenda.
PUBLIC COMMENT
Marilyn Oertle moved and Sally Lien seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
CONSENT AGENDA
1. Minutes of the August 2 and 9, 2010 meetings
2. Accounts Payable
Claims Checks #70603 through #70760 in the amount of $1,158,778.48
3. Acceptance of Utility Easements from Stillaguamish Behavioral Health
PUBLIC HEARING
Assistant City Administrator Paul Ellis discussed the Development Agreement, giving a location of the
property and a background of the Agreement request.
Development Agreement between Enviro Propane and the City of Arlington
The Public Hearing was opened at 7:04PM and with no one wishing to speak, the Public hearing was
immediately closed.
Marilyn Oertle moved approve the Development Agreement between Enviro Propane and the City. Dick
Butner seconded the motion that passed with a unanimous vote.
There was no Unfinished Business
UNFINISHED BUSINESS
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT August 16, 2010
Page 2 of 2
NEW BUSINESS
Public Works Director Jim Kelly gave a brief description of the Project history and Subsequent Resolution.
Mr. Kelly answered Council questions.
Proposed Resolution Relating to the Gifford Avenue Sidewalk Project and Repealing Resolution
No. 2010-007
Scott Solla moved to approve the resolution rejecting Resolution #2010-007 in order to allow the Gifford
Sidewalk project to be constructed by R Custom Excavation using traditional concrete. Marilyn Oertle
seconded the motion that passed with a unanimous vote.
Mr. Ellis gave a brief history of Station #46 Reconstruct and answered Council questions.
Authority to Advertise for Bid proposals to Reconstruct Station #46
Sally Lien moved to approve authority to advertise the Station # 46 renovation project for public bid. Dick
Butner seconded the motion that passed with a unanimous vote.
Dick Butner, Sally Lien, Steve Baker and Chris Raezer gave brief reports while Scott Solla and Marilyn
Oertle had nothing to report at this time.
CITY COUNCIL COMMITTEE REPORTS
City Administrator Allen Johnson noted the September 27 Council Workshop would be canceled.
ADMINISTRATOR AND STAFF REPORTS
City Attorney announced that there would be no need for an Executive Session.
EXECUTIVE SESSION
With no further business to come before the Council, the meeting was adjourned at 7:31PM.
ADJOURNMENT
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
August 23, 2010
Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, and Steve Baker, Mayor Larson, Allen
Johnson, Kristin Banfield, Jim Chase, Fire Chief Jim Rankin, Chris Badger, David Kuhl, Todd Hall, Paul
Ellis, Jan Bauer, Steve Peiffle – City Attorney
Council Members Absent: Linda Byrnes (excused)
Also Known to be Present: Sarah Arney – North County Outlook
Mayor Larson called the meeting to order at 7:00PM and the flag salute followed.
Steve Baker moved to approve the Agenda, and Chris Raezer seconded the motion, which passed with a
unanimous vote approving the Workshop Agenda.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Public Works Director Jim Kelly distributed and noted corrections that have been made to the Project. He
then answered Council questions.
IMCO CO#6 for WWTP Project Handout
Mr. Kelly gave a description of the dedication site and spoke to the property dedication. Discussion
followed. Mr. Kelly answered Council questions.
Division Street Dedication
Mr. Kelly gave a background of the Mitigation Agreement. He briefly addressed some of the Agreement
changes and then addressed Council questions.
North County Transfer Station Mitigation Agreement
Jim Kelly briefly spoke to the Easement. This item will be on the Consent Agenda.
M3 Financial Utility Easement
Jim Kelly noted the surplus item which has been sought after by La Conner. Mr. Kelly then answered
Council questions. This will be on the Consent Agenda.
Surplus WWTP Belt Filter Press
Status Report on the 2010 Emergency Management Strategic Plan
Follow-up Discussion on the Comprehensive Emergency Management Plan
Fire Chief Jim Rankin addressed the Emergency Strategic Plan. Emergency Management Coordinator
Chris Badger distributed the City’s Emergency Management Plan (CEMP) Timeline and the City of
Arlington 2010 Strategic Emergency Management Plan. Ms. Badger and Chief Rankin spoke to the
Plans.
Arlington Annex to the County Mitigation Plan
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting DRAFT August 23, 2004
Page 2 of 2
Chief Rankin and Ms. Badger continued their discussion on the Comprehensive Emergency Management
Plan. Ms. Badger addressed Arlington’s Annex to the County Mitigation Plan.
David Kuhl and Associate Planner Todd Hall presented the proposed changes to the Zoning and Land
Use Maps. Mr. Hall then answered Council questions. This will be heard by the Planning Commission in
a Public Hearing on September 9.
Zoning and Land Use Map Amendments
Assistant City Administrator Kristin Banfield presented to Council suggestions to language regarding
Alternate Mayor Pro Tem. Discussion followed.
Revision to the City Council Rules of Procedure – Mayor Pro Tem & Alternate Mayor Pro Tem,
Participation in Council Meetings by Telephone
Finance Director Jim Chase reviewed proposed changes he has made to the Ordinance.
Proposal to Change Gambling Tax Reporting Requirements from Quarterly to Monthly
Finance Director Jim Chase reviewed proposed changes he has made regarding reporting requirements
from quarterly to monthly.
Proposal to Change Occupation Taxes Reporting Requirements from Quarterly to Monthly
Kristin Banfield presented the League contract request. Mr. Banfield then answered Council questions.
This will be on the Consent Agenda.
Bulldog Basketball League Agreement
Assistant City Administrator Paul Ellis gave a background of Mr. Ericson’s contract. He then answered
Council questions.
Professional Services Agreement with V. Ericson
The Council requested Synergy meeting minutes be made available.
Mr. Ellis addressed the Snohomish County Auditor’s request for a ballot drop box that would be placed at
the Arlington Library. This will be on the Consent Agenda.
Library Drop Box
Jim Chase addressed final utility bill notices that had erroneously been mailed to the public.
Utility Billing
Sally Lien spoke to the fireworks ordinance.
Councilmember Items
ADJOURNMENT
The meeting was adjourned at 8:05PM.
____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #3
ATTACHMENT B
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Acceptance of Utility Easements from M3
Financial
DEPARTMENT OF ORIGIN:
Public Works – Engineering
ATTACHMENTS:
• Exhibit Map of Utility Easement
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: M3 Financial is dedicating a utility easement as shown on the attached map.
HISTORY: As a condition of further site development and to accommodate utility services to
this site, the property owner is required to dedicate easements for the City’s access to maintain
and service the utilities.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
Motion to accept utility easement from M3 Financial.
67th Ave NE
188th St NE
"Legend
ROW
Easem ents
County Parcels
Scale:
Date :
File N ame:
Carto graphe r:
M3Financial_Utility_easement_10.mxd
07/21/2010 lb
Exhibit :M3 Financial Management LLC. Utility Easement
City of Arlington
1 inch = 1 00 fe et
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #4
ATTACHMENT C
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT: Surplus of City Equipment DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Proposed Resolution
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION: The Wastewater Treatment Plant has a piece of equipment (Belt Filter Press)
that is no longer needed and needs to be sold as surplus.
HISTORY:
Construction of the WWTP project has included the installation of a new bio-solids dewatering
device (a fan press), this new piece of equipment replaces the existing Belt Filter Press. The
existing Belt Filter Press is approximately 16,000 pounds and will cost approximately $6, 000 to
have it removed and hauled away. La Conner has the same type of Belt Filter Press and would
be willing to pay for the removal and hauling; La Conner would use the City’s surplus Belt Filter
Press for spare parts.
ALTERNATIVES:
- Bring back for additional discussion at a later date
RECOMMENDED ACTION:
Motion to approve the resolution to dispose of the Belt Filter Press as surplus.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the attached Exhibit
“A”; and
WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of
the City; and
NOW, THEREFORE, the City of Arlington, acting by and through its City
Council, does hereby resolve as follows:
1. The equipment/property described on the attached Exhibit “A” is declared
surplus to the needs of the City.
2. Staff is instructed to sell all items for the best available price or properly
dispose of items that it is unable to sell.
Passed by the City Council of the City of Arlington at a regular meeting on the
____ day of _______, 2010.
________________________________
Mayor Margaret Larson
ATTEST:
___________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
______________________
Steven J. Peiffle, City Attorney
Exhibit "A"
Surplus Item
Roediger Filter Belt Press
Make/Model
Type 12.435 #188 Size 1.2, Installed 1998
US Filter Poly System
**Associated Parts List**
Model DP200 DD4 Serial #16389
1 Power Box For Poly System
1 Metering Panel
1 Poly Mix Tub & Mix Meter
1 Dry Poly Unit SCHENCK Accu Rate
1 LMI Pump (Liquid Poly) Milto Roy Manufacturer
Parker Limit Switch #4007
3 8m502, 254A Limit Switches
2 OMRON D4A Limit Switches
4 Bearings For Penn Valley Pumps
1 Misc. Dodge Bearing
4 Misc. Dodge Bearings
2 Sets of Belts = 4 Total
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #5
ATTACHMENT D
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Acceptance of Deed of parcel from Vista
Properties Northwest for Division Street
DEPARTMENT OF ORIGIN:
Public Works – Engineering
ATTACHMENTS:
• Deed with exhibits
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: Vista Properties is dedicating to the City a small section of property on which
Division Street was constructed many years ago.
HISTORY: As a condition of the site development, the property owner is required to dedicate
this property to the City.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
Motion to approve the acceptance of the deed for a portion of Division Street from Vista
Properties Northwest.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda
ATTACHMENT E
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Request to execute contract with Bulldog
League for Adult basketball league
DEPARTMENT OF ORIGIN:
Recreation
Contact: Sarah Hegge, 360-403-3448
ATTACHMENTS:
- Proposed contract with Bulldog League
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney reviewed and edited the
proposed contract
DESCRIPTION:
The City was approached earlier this year by Mr. Michael Zander who wanted to partner with
the City and offer an adult basketball league. Mr. Zander has established a similar league and
relationship with the City of Everett. The contract outlines how the league will work, including
fees, scheduling, use of facilities, etc.
The City is responsible for booking the facilities and will collect the league fees. The Bulldog
League is responsible for actually running the league, including scheduling, marketing, etc.
As this is a new concept for the City, we are agreeing to a one year contract with the Bulldog
League. The fees collected from the participants will cover all costs.
HISTORY:
The City has not offered such a league yet. Other jurisdictions have offered the league in a
similar fashion with great success.
The City Council reviewed this item at the August 23, 2010 Council Workshop and
recommended bringing it forward to the next Council meeting for consideration.
ALTERNATIVES:
RECOMMENDED MOTION:
I move to authorize the mayor to sign the contract with the Bulldog League.
THIS AGREEMENT, entered into as of July 20, 2010, between the City of Arlington, hereinafter called the
“City”, and Michael Robert Zander d/b/a/ Bulldog League, hereinafter called the “League” is as follows:
1. PURPOSE
The purpose of this agreement is to establish an understanding and working relationship between the
League and the City. Further, this Agreement is intended to memorialize a working understanding
regarding fees, scheduling, use of facilities, concessions and other issues associated with a basketball
league for adults in the City.
2. TERM
The term of this Agreement shall be from Sept 12, 2010 through August 27, 2011.
3. FACILITIES
a) The City will provide gym facilities (the “Gym Facilities”) on the dates and times listed in Exhibit
A (SCHEDULE OF GYM FACILITY USE). The League will abide by all rules and restrictions listed in
Exhibit C (GYM FACILITY RULES AND REGULATIONS) and all rules of the Arlington School District
for each Gym Facility.
b) The City will be responsible for securing the use of the Gym Facilities for the times listed in
Exhibit A (SCHEDULE OF GYM FACILITY USE). If the City is unable to secure a Gym Facility for a
scheduled time, it will notify the League at least 48 hours prior to the scheduled event.
c) The League will provide referees for each scheduled basketball game at the sole cost of the
League.
d) The League will provide a minimum of one scorekeeper for each scheduled basketball game at
the sole cost to the League.
e) The League will provide all equipment for all events, basketball games and other uses of the
Gym Facilities under this Agreement, including, without limitation, game balls for all basketball
games, practices, tournaments and score sheets.
f) The City may provide facilities (other than the Gym Facility) on a space available basis for
League meetings, scheduling and other League related business upon request from a
designated League representatives. The League’s use of such facilities shall be subject to the
City’s Facility Use Policies. There shall be no charge for the use of these facilities.
g) The League shall not allow any other agency, association, group, or league to schedule or use a
Gym Facility when the league is scheduled to use that Gym Facility without express written
consent by the City of Arlington Recreation Manager or designee.
City of Arlington
BULLDOG BASKETBALL LEAGUE AGREEMENT
h) The League will designate one person to be the point of contact between the League and the
City. Such contact person will disseminate any information provided by the City and educate
the League, its employees, agents, contractors, teams, coaches and spectators of the League
regarding such information.
i) The City reserves the right to limit the amount of use, close or cancel any and all Gym Facility
use. No modifications are allowed to any Gym Facility. If the League, or any of its employees,
agents, contractors, teams, coaches, invitees, guests or spectators violate the limitations placed
on the Gym Facility use, the League, its employees, agents, contractors, teams, coaches,
invitees, guests or spectators may be prohibited from using a Gym Facility for the remainder of
an event, the remainder of the season, the following season, or any other amount of time the
City deems appropriate.
4. SCHEDULE
The City shall identify the amount of time available at each Gym Facility in Exhibit A (SCHEDULE OF
FACILITY USE). The League shall be solely responsible for and shall perform all scheduling of games,
tournaments and League related events and any service related to scheduling. The League shall provide
the City with a complete schedule of events for the term of this Agreement 1-week prior to the first
scheduled event. All schedule changes must be provided to the City in writing within 48 hours of the
proposed change.
5. CONCESSIONS
The League shall not sell or operate concessions at any Gym Facility.
6. REVENUE AND FEES
a) The League shall pay the City fees established by, and in accordance with Exhibit B (PROGRAM
FEES).
b) The City may review and/or modify the amount owed to the City on an annual basis.
7. MAINTENANCE
The League shall be solely responsible for returning the Gym Facilities to a substantially similar or better
condition after each use of a Gym Facility. Any damage or destruction to a Gym Facility related to the
League’s use of such Gym Facility under this Agreement shall be promptly repaired by the League to the
same condition that existed prior to the damage or destruction.
8. CONDUCT
a) The League is responsible for the conduct of employees, agents, contractors, teams, players,
coaches, spectators, invitees, and guests. The League shall provide copies of Exhibit C (GYM
FACILITY RULES AND REGULATIONS) to all coaches and shall enforce all rules and regulations
with respect to League employees, agents, contractors, teams, players, coaches, spectators,
invitees and guests. The League shall suspend from one or more events, employees, agents,
contractors, teams, players, coaches, spectators, invitees or guests who violate any rules and
regulations in Exhibit C (GYM FACILITY RULES AND REGULATIONS). The League shall provide
adequate adult supervision for any and all events, including but not limited to games, practices,
tournaments and events as requested by the City.
b) The League will provide a copy of the League’s code of conduct to the City one week prior to the
first scheduled event, and shall enforce such code of conduct during all games and uses of the
Gym Facilities.
c) The League will provide a copy of the League’s disciplinary procedures to the City one week
prior to the first scheduled event, and shall enforce such disciplinary procedures during all
games and uses of the Gym Facilities.
d) The League agrees to comply with the City of Arlington’s Community Athletics Programs Non
Discrimination (aka Gender Equity) Policy as listed in Exhibit G.
9. MARKETING AND PROMOTION
The City will provide the League limited marketing and promotional services through the City of
Arlington Recreation Guide.
10. ARLINGTON SCHOOL DISTRICT
Gym facilities provided under this Agreement are owned and operated by the Arlington School District.
In addition to the terms of this Agreement, the League must comply with the Arlington School District’s
general rules, and rules related to the use of the Gym Facilities and all other services provided by the
Arlington School District as a result of or related to this Agreement.
The City cannot guarantee any access to the Gym Facilities. If the Arlington School District prohibits or
stops the League from using the Gym Facilities for any reason, the City has no liability to the League
whatsoever.
11. RISK MANAGEMENT
The League shall immediately or on or before the expiration of one working day record and report to the
City all injuries and claims against it for bodily injury and property damage. The League shall
immediately notify the City of any safety hazards that are apparent at any Gym Facilities or on any
courts that the League cannot immediately remedy.
12. INSURANCE
a) The League shall procure and keep in force during the term of this Agreement, at the League’s
own cost and expense, the policies of insurance described herein with companies authorized to
do business in the State of Washington, which are rated at least “A” or better and with a
numerical rating of no less than 7, by A.M. Best Company and which are acceptable to the City
and the Arlington School District.
b) The League shall procure and maintain a Commercial General Liability Insurance on an
occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000
in the annual aggregate, including but not limited to premises/operations (including off-site
operations), blanket contractual liability and broad form property damage, all in a form
acceptable to the City and the Arlington School District. The League agrees to provide at least
thirty (30) days notice prior to cancellation of any of the insurance requirements set forth
above.
c) The policies shall provide that they shall not be canceled or materially changed without thirty
(30) days prior to written notice to the City. No cancellation provision in any insurance policy
shall be construed in derogation of the continuous duty of the League to furnish the required
insurance during the terms of this Agreement.
d) Upon written request by the City, the League will furnish, prior to any activity pursuant to this
Agreement, a copy of any policy cited above, certified to be a true and complete copy of the
original.
e) Prior to any activity pursuant to this Agreement, the League shall provide the City and the
Arlington School District with a Certificate of Insurance acceptable to the City Attorney
evidencing the above-required insurance together with an Additional Insured Endorsement
naming the City of Arlington and the Arlington School District and their officers, employees and
agents as additional insureds. Both the Certificate of Insurance and Additional Insured
Endorsement will be on forms acceptable to the City and the Arlington School District. Receipt
by the City of any certificate showing less coverage than required is not a waiver of the League’s
obligations to fulfill the requirements.
15. INDEMNIFICATION
The League hereby agrees to save the City and the Arlington School District and their officers,
employees, and agents harmless and indemnify them for all loss, claims, or damage occasioned to an
Indemnittee or any other third person or property by reason of any act or omission of the League, its
officers, members, employees, subcontractors, third persons or agents which arises, directly or
indirectly, as a result of or in connection with this Agreement, and shall, after reasonable notice thereof,
defend and pay the expense of defending any claim or suit which may be commenced against an
Indemnitee alleging injuries to person and/or property by reason of such act or omission and will pay
any judgment which may be obtained against an Indemnitee in such suit, except for those claims,
demands, damages, expenses or suits caused solely by the negligence or willful misconduct of such
Indemnitee.
16. BREACH
If either party to this Agreement believes that the other party has breached this Agreement, it shall give
written notice of the breach to the Breaching Party, and the Breaching Party shall, except in the case of a
failure to insure, have ten days to cure such breach. If the Breaching Party does not cure the breach
within such ten days, the non-breaching party may terminate this Agreement on 3 days written notice of
such termination of the Breaching Party. Such termination shall be cumulative of and in addition to any
and all other remedies a party may have at law or in equity.
17. TERMINATION OF CONTRACT
The City may terminate this Agreement, without any liability whatsoever to the League, at any time, and
for any reason, upon not less than 20 days written notice to the League. Notice shall be deemed
effective upon either (a) the second day following deposit in the United States Mail to Bulldog League at
2801 Bickford Avenue #103 Snohomish WA 98290, postage prepaid, certified or registered mail, return
receipt requested. This provision shall not prevent the City from seeking any legal remedies it may have
for the violation or non-performance of any of the provisions of this agreement.
18. MISCELLANEOUS
a) The League will provide a copy of the League refund policy and Cash Handling Procedures to the
City one week prior to the first scheduled event.
b) The League will provide documentation to the City of team and event registrations which will
use or be held in a Gym Facility within ten business days of the completion of such team or
event registration.
c) The League will provide the City copies of all team rosters scheduled to use a Gym Facility prior
to the first scheduled event under this Agreement.
d) The City may refer customers to the League. The League will treat all City referred customers in
a professional and courteous manner, such as returning phone calls or responding to inquiries
within one business day of receiving such phone call or inquiry.
e) The League will discuss all issues it believes may be affected by this Agreement with the City at
such time as the issue arises.
f) This Agreement constitutes the entire agreement of the parties relating to the subject matter of
this Agreement. This Agreement supersedes and replaces all other written or oral agreements
thereto.
g) The laws of the State of Washington, without giving effect to principles of conflict of laws,
govern all matters arising out of or relating to this Agreement.
h) The parties shall bring any litigation arising out of or relating to this Agreement only before the
Snohomish County Superior Court.
i) No amendment to this Agreement will be effective unless it is in writing and signed by the
parties.
j) No waiver of satisfaction of any condition or nonperformance of an obligation under this
Agreement will be effective unless it is in writing and signed by the party granting the waiver,
and no such waiver will constitute a waiver of satisfaction of any other condition or
nonperformance of any other obligation.
k) If any provision of this Agreement is unenforceable to any extent, the remainder of this
Agreement (or the application of that provision to any persons or circumstances other than
those as to which it is held unenforceable) will not be affected by that unenforceability and will
be enforceable to fullest extent permitted by law.
l) For a notice under this Agreement to be valid, it must be in writing and the sending party must
use one of the following methods of delivery: (A) personal delivery to the address stated below;
(B) first class postage prepaid U.S. Mail to the address stated below. Either party may change its
notice address or email effective on written notice to the other party of the change.
Notice to the City Notice to the League
City of Arlington
Attn: Sarah Higgins
238 N Olympic Ave
Arlington, WA 98223
m) Neither party may assign or sublet this Agreement without the written consent of the other
party, which consent may be withheld at the party’s sole discretion.
n) The rights and remedies provided in this Agreement are in addition to any other rights and
remedies that may be provided by law.
CITY OF ARLINGTON MICHAEL ROBERT ZANDER d/b/a Bulldog League
By:_______________________________ By:________________________________________
Margaret Larson, Mayor Michael Robert Zander
ATTEST:
__________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #7
ATTACHMENT F
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Ballot Drop Box at the Arlington Library.
DEPARTMENT OF ORIGIN:
Executive, Paul Ellis # 4603
ATTACHMENTS:
Draft Agreement and photo
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Yes
DESCRIPTION:
The Snohomish County Auditor’s Office has approached Libraries seeking a partnership to
provide a 24-hour secure ballot drop box on the grounds of branch Library. The 24-hour secure
ballot drop box allows voters to choose the time that is most convenient for them to return their
ballot, postage free, to a box directly monitored and operated by the Auditor’s Office. The box
is permanently fixed in one location and available as a ballot return option as soon as ballots
are mailed out to voters. The box is approximately 4’ long by 3’ wide by 4’ high and includes a
drop slot snorkel that will be closed during times of non-use.
HISTORY:
Snohomish County assumes the cost and risk associated with this box’s placement, installation
and operation. Attached a template of a licensing agreement, the County that we hope could
serve as the basis for memorializing this partnership.
This was reviewed at the August 23, 2010 Council Workshop.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
-Deny the request.
RECOMMENDED ACTION:
Council acceptance.
PROCLAMATION
National Preparedness Month, September 2010
WHEREAS, “National Preparedness Month” creates an important opportunity for every
resident of the City of Arlington to prepare their homes, businesses, and communities for any
type of emergency from natural disasters to potential terrorist attacks; and
WHEREAS, Investing in the preparedness of ourselves, our families, businesses, and
communities can reduce fatalities and economic devastation in our communities and in our
nation; and
WHEREAS, Emergency preparedness is the responsibility of every citizen in the City of
Arlington and all can take a few simple steps by: Creating a kit, making a plan, being informed,
and work together, as a team, to ensure that individuals, families, and our community is
prepared for disasters and emergencies of any type; and
WHEREAS, all citizens of the City of Arlington are urged to make preparedness a
priority and are encouraged to participate in citizen preparedness activities and asked to review
the Ready campaign’s Web sites at ready.gov or listo.gov (in Spanish) to become more prepared,
knowing that this will assist with a quicker community recovery following a disaster.
WHEREAS, The City of Arlington is committed to providing a comprehensive
emergency management program in partnership with the Arlington School District and
Cascade Valley Hospital in preparedness, response, recovery and mitigation.
THEREFORE, BE IT RESOLVED that the City of Arlington hereby proclaims September,
2010 as National Preparedness Month and recognizes the importance of preparing for all
potential emergencies and encourages all citizens and businesses to develop their own
emergency preparedness plan, to work together toward creating a more prepared community.
DATED this _____ Day of _____________ 2010
_________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT H
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Resolution to Adopt Snohomish County
Mitigation Plan and City of Arlington
Mitigation Annexation.
DEPARTMENT OF ORIGIN:
FIRE
ATTACHMENTS:
City of Arlington Annexation.
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: 0
LEGAL REVIEW: N/A
DESCRIPTION:
To qualify for future mitigation grant funding as it becomes available, the City of Arlington
must have a Hazard Mitigation Plan on file with FEMA.
HISTORY: Every 5 years Snohomish County must complete a Countywide Hazard Mitigation
Plan which is a very cumbersome and time consuming process. During their process they ask
for partners and stakeholders within the County to join them in creating the Plan. The City of
Arlington is a stakeholder and participated in the overall planning process with the County to
develop the base Mitigation Plan as well as the City of Arlington Annex. The County Plan is
currently being reviewed by FEMA and once approved by them will allow all stakeholders the
ability to apply for future mitigation grants. The City of Arlington Annex is being brought
forth to you tonight to review prior to the final adoption process of the overall County Plan by
FEMA and County Council.
The Plan has been approved by FEMA as of August 23, 2010 and now is just waiting for the
stakeholder and County Council adoptions to send their final approval letter making the plan
an “active” document.
Mitigation Annex was presented at the City Council Workshop August 23rd and asked for
formal adoption at the September 7th City Council Meeting.
City of Arlington
Council Agenda Bill
ALTERNATIVES:
Not adopting the Plan and our Annex would make us ineligible for future mitigation grants.
RECOMMENDED ACTION:
Approval of City of Arlington Annex to be placed into the Snohomish County Hazard
Mitigation Plan of 2010 which will be updated each year for the next 4 years and require a full
re-write and review process in the 5th year. Resolution Adoption
RESOLUTION NO. 2010 -XXX 1
RESOLUTION NO. 2010-XXX
A Resolution of the City of Arlington, Washington adopting the
2010 Snohomish County Natural Hazards Mitigation Plan Update
WHEREAS, all of Snohomish County is exposed to natural hazards that present risks to
life, property, the environment, and the economy; and
WHEREAS, proactive mitigation can reduce or eliminate these risks; and
WHEREAS, pursuant to the Disaster Mitigation Act of 2000 (P.L. 106-390, dated Oct.
30, 2000) and 44 CFR § 201, the Federal Emergency Management Agency requires the adoption
and maintenance of a natural hazard mitigation plan as a condition of eligibility for certain pre-
and post-disaster mitigation grant funds; and
WHEREAS, a coalition of 35 Planning Partners, including Snohomish County, Cities,
and Special Purpose Districts, have updated the 2005 Snohomish County Natural Hazards
Mitigation Plan in accordance with the processes and requirements established by 44 CFR §
206.1.
NOW, THEREFORE, BE IT RESOLVED that the City of Arlington:
1. Adopts in its entirety Volume 1 and, Part 1; Chapter 3 of Part 2; and the Appendices of
Volume 2 of the 2010 Snohomish County Natural Hazard Mitigation Plan Update, as
amended;
2. Will utilize the adopted portions of the 2010 Snohomish County Natural Hazard
Mitigation Plan Update to guide pre- and post-disaster mitigation of the City of Arlington
identified hazards;
3. Will coordinate the strategies identified in the 2010 Snohomish County Natural Hazard
Mitigation Plan Update with other planning efforts under its jurisdictional authority; and
4. Will continue to support the County’s Mitigation Steering Committee and collaborate
with the established planning partnership as described by the Update’s Guiding Principle,
Goals, and Objectives.
APPROVED by the Mayor and City Council of the City of Arlington this ______ day of
September, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
RESOLUTION NO. 2010 -XXX 2
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT I
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT: IMCO General Contractors –
Change Order No. 6
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Change Order No. 6 to the IMCO WWTP Contract
EXPENDITURES REQUESTED: $ 76,150.88
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Change Order No. 6 to the IMCO WWTP Upgrade and Expansion construction
contract.
HISTORY: This change order is for 23 various design changes and improvements recommended
by the contractor, engineer, or City. The changes are either needed for undisclosed conditions or
system operating improvements; the net cost of the change order is an addition to the contract.
As of Change Order No. 6, the revised contract amount is as follows:
Current Contract Amount $ 29,210, 657.11
Previous Net Change Orders $ (185,828.06)
Net Change This Order $76,150.88
Estimated Contract Total After Change $ 29,100,979.93
ALTERNATIVES:
• Do not approve the change order, renegotiate work.
RECOMMENDED ACTION:
Motion to approve Change Order No. 6 to the IMCO WWTP Upgrade and Expansion
construction contract.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT J
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT: New (Draft) Snohomish County
North County Recycling and Transfer
(NCRTS) Traffic Mitigation Agreement
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Traffic Mitigation Agreement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION: Traffic Mitigation Agreement between the City of Arlington and Snohomish
County for impact to the City’s road system from hauling refuse from the North County
Recycling and Transfer Station (NCRTS).
HISTORY:
In 1992 the City of Arlington and Snohomish County entered into a “Settlement and Mitigation
Agreement” to resolve various traffic mitigation issues related to the operation of the County’s
North County Recycling and Transfer Station (NCRTS). The City reviewed and extended the
agreement in 2001, 2004, and 2007
In June of 2010 the Council approved a six month extension to the 1992 Arlington and
Snohomish County Settlement and Mitigation Agreement for the NCRTS with a condition that a
new Mitigation Agreement be drafted (attached) and adopted by January 1, 2011. Council is
being asked to approve the new Mitigation Agreement.
ALTERNATIVES:
- Bring back for additional discussion at a later date
RECOMMENDED ACTION:
Motion to approve the Traffic Mitigation Agreement between the City of Arlington and
Snohomish County for the North County Recycling and Transfer Station (NCRTS).
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 1 of 5
Return to: Snohomish County Council, Mail Stop 609
“2011 – 2015 MITIGATION AGREEMENT”
THIS AGREEMENT, effective January 1, 2011, is entered into between
SNOHOMISH COUNTY, a political subdivision of the State of Washington (hereinafter
“County”) and the CITY OF ARLINGTON, a municipal corporation of the State of
Washington (hereinafter “City”) both organized and existing under the laws of the State
of Washington (hereinafter collectively referred to as “the parties”). This Agreement
provides for mitigation of impacts associated with the processing of mixed municipal
solid waste through the North County Recycling and Transfer Station (“NCRTS”) located
within the City of Arlington.
RECITALS
WHEREAS, the County is the owner of real property within the City, upon which
the NCRTS is located; and
WHEREAS, RCW 36.58.080 allows cities to charge counties to mitigate impacts
directly attributable to solid waste facilities, provided that such charges are reasonably
necessary to mitigate such impacts and that revenues generated from such charges are
expended to mitigate such impacts; and
WHEREAS, the County and City recognize that the NCRTS is an essential public
facility under the Growth Management Act, and that some of the Snohomish County
Tomorrow goals and policies are achieved by agreement to settle on mitigation payments;
and
WHEREAS, in accordance with the 1992 “Settlement and Mitigation Agreement”
between Snohomish County and the City of Arlington, the County and City negotiated a
mitigation agreement which considered impacts of the NCRTS on City facilities and
services, as well as implications to the County solid waste system, and as a result of that
agreement the County made mitigation payments to the City during 1992-2010; and
WHEREAS, the parties have previously renewed the existing mitigation
agreement in 1998, 2001, 2004, 2007, and 2010 with the most recent agreement set to
expire December 31, 2010; and
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 2 of 5
WHEREAS, the City and County have determined that continued mitigation
payments are warranted and beneficial to both parties; and
WHEREAS, both parties believe this Agreement to be in the best interests of the
public;
COVENANTS
NOW, THEREFORE, the parties do agree as follows:
1.
Road Impacts
In compensation for impacts associated with the operation of NCRTS upon City roads
and services, County shall pay to the City mitigation payments in an amount as more
specifically defined in the following paragraph. The payment shall be due and payable to
the City within forty-five (45) days after the last day of the calendar quarter commencing
March 31, 2011, and each calendar quarter thereafter throughout the term of this
Agreement. In addition to each quarterly payment, the County will provide
documentation to the City stating the total tons of solid waste leaving the transfer station.
The payment shall be based upon ton-miles traveled on City streets by Snohomish
County operated, filled solid waste transfer trailers. The City and County agree that the
distance traveled on City streets by each filled trailer is 1.7 miles. Ton-miles shall be
calculated quarterly and be based on the total tons of solid waste leaving the transfer
station each calendar quarter. The ton-mile payment shall be $.18 per ton-mile in 2010.
For the years 2011 – 2015, the parties agree to revise the ton-mile payment each calendar
quarter in accordance with the quarterly percentage change in the Washington State
Department of Transportation Construction Cost Indices, standard reference base for the
year 1990 = 110, as prepared by the Washington State Department of Transportation, in
full compensation for impacts of the transfer station operation upon City roads and
services during those years.
2.
One Time Correction of 2010 Estimated Payment
The payment issued to the City in August 2010 was based on 6 months of actual solid
waste tonnage and an estimated 6 months of solid waste tonnage leaving NCRTS as
outlined in the 2010 agreement extension. Due to a change in payment methodologies
from previous mitigation agreements, a one-time correction based on the actual solid
waste tonnage for July through December 2010 will be made in January 2011. If an
overpayment based on the estimated tonnage was made in August 2010, the overpayment
amount will be carried forward and the April 1, 2011 quarterly payment by the County
will be reduced by the overpayment amount. If an underpayment based on the estimated
tonnage was made in August 2010, the County will pay the City the difference between
the estimated amount and the amount based upon actual tonnage prior to January 31,
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 3 of 5
2011. The amount of any overpayment or underpayment will be calculated using the
methodologies outlined in the 2010 agreement extension.
3.
Haul Routes and Weight Restrictions
County vehicles traveling to and from the NCRTS will use the hauling routes previously
established pursuant to the 1992 Settlement and Mitigation Agreement.
The City will not place weight restrictions on the hauling routes which would limit the
ability of County vehicles hauling solid waste transfer trailers to use the hauling routes
for ingress to or egress from the NCRTS. All County vehicles entering and leaving the
NCRTS shall comply with the legal weight limits as defined in state law for such
vehicles.
4.
Hours of Operation
The transfer station may be open to customers between the hours of 7:00 AM and 10:00
PM (“customer hours”). The County will determine actual customer hours. The County
shall not lengthen customer hours without showing compliance with Arlington Municipal
Code and providing notice of the intent of extending hours of operation to the City
Manager.
Under short-term emergency situations the County may operate the station for longer
hours than stated in this Agreement. Short-term emergencies may include but are not
limited to: fire, equipment failure, hauler disruptions, or public health crisis. The County
shall immediately notify the City of the reason for the modification, and shall return to
the regular schedule as soon as practicable.
County crews may perform clean-up and repair and maintenance duties outside the
regular customer hours of operation subject to compliance with applicable City
regulations and code provisions and state law. Crews may also haul previously loaded
containers of waste away from the site or return empty containers to the site before or
after regular customer hours of operation subject to compliance with applicable City
regulations and code provisions and state law.
5.
Term and Effective Date of Agreement
This Agreement shall be in effect for five (5) years. It shall be effective from January 1,
2011 through December 31, 2015. It may be modified anytime within that time period by
the execution of a written amendment to this Agreement. The parties agree to enter into
negotiations to amend or reconfirm this Agreement no later than six (6) months prior to
its expiration.
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 4 of 5
6.
Liability
Snohomish County shall protect, save harmless, indemnify, and defend, at its own
expense, the City of Arlington, its elected and appointed officials, officers, employees,
and agents, from all losses or claims for damages whatsoever arising out of this
Agreement, which claims arise from the County’s negligent acts, errors, or omissions.
This provision shall include claims by the County’s employees or third parties. This
provision shall not obligate the County to assume financial responsibility for those
damages and expenses caused by the sole negligence or willful misconduct of the City’s
elected and appointed officials, officers, employees, or agents.
The City of Arlington shall protect, save harmless, indemnify, and defend, at its own
expense, Snohomish County, its elected and appointed officials, officers, employees, and
agents, from all loss or claim for damages whatsoever arising out of this Agreement,
which claims or losses arise from the City’s negligent acts, errors, or omissions. This
provision shall include claims by the City’s employees or third parties. This provision
shall not obligate the City to assume financial responsibility for those damages and
expenses caused by the sole negligence or willful misconduct of the County’s elected and
appointed officials, officers, employees, or agents.
7.
Administration
The Director of the Snohomish County Solid Waste Division and the Arlington Public
Works Director shall be joint administrators of this Agreement.
8.
Entire Agreement
This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements shall be effective for
any purpose.
9.
No Joint Venture
This Agreement does not create a partnership or joint venture, and in carrying out this
Agreement, the City and County shall act in their individual capacities and not as agents,
employees, or partners of one another.
10.
No Third-Party Beneficiary
This Agreement is made only for the benefit of the City and County and no third person
or party shall have any rights hereunder whether by agency, as a third-party beneficiary,
or otherwise.
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 5 of 5
11.
Attorney’s Fees
In the event either party brings a lawsuit to enforce this Agreement, or arising from a
breach of this Agreement, the prevailing party shall be entitled to its costs and attorney’s
fees for bringing or defending the action. The venue for any dispute related to this
Agreement shall be Snohomish County, Washington.
SNOHOMISH COUNTY
DATED: _____________________ By: _______________________________
Aaron Reardon
Snohomish County Executive
ATTEST:
________________________________
Clerk of the Council, Asst. Date
Snohomish County
APPROVED AS TO FORM:
_________________________________
Deputy Prosecuting Attorney Date
Snohomish County
CITY OF ARLINGTON
DATED: _________________________ By: ________________________________
Margaret Larson
Mayor, City of Arlington
ATTEST:
_________________________________
City Clerk Date
APPROVED AS TO FORM:
__________________________________
City Attorney Date
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT K
COUNCIL DATE:
September 7, 2010
SUBJECT: Waste Management Northwest
Agreement for Solid Waste, Recycling,
Collection and Disposal (Contract Renewal).
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
Contract with final edits and comments
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:
Motion to Approve contract renewal with Waste Management subject to final review by the
City Attorney.
CONTRACT FOR SOLID WASTE,
RECYCLING, AND COMPOSTABLE
ORGANICS COLLECTION, AND
DISPOSAL BETWEEN THE
CITY OF ARLINGTON, WASHINGTON
AND
WASTE MANAGEMENT OF
WASHINGTON, INC.
ii
BETWEEN THE CITY OF ARLINGTON, WASHINGTON ............................................................................. 1
RECITALS ........................................................................................................................................................... 1
DEFINITIONS ...................................................................................................................................................... 2
ARTICLE I ........................................................................................................................................................... 6
AGREEMENT, TERM ......................................................................................................................................... 6
1.1
1.2
AGREEMENT ........................................................................................................................................... 6
ARTICLE II .......................................................................................................................................................... 6
TERM ........................................................................................................................................................ 6
GENERAL OPERATIONS .................................................................................................................................. 6
2.1
2.1.1
COLLECTION ........................................................................................................................................... 6
2.1.2
GENERAL ............................................................................................................................................. 6
2.1.3
COLLECTION SCHEDULE AND HOURS OF OPERATIONS ......................................................... 7
COLLECTION LOCATIONS ................................................................................................................ 7
2.1.4
2.1.5
COLLECTION FROM SENIOR CITIZENS AND PHYSICALLY CHALLENGED PERSONS ....... 7
2.1.6
DANGEROUS ANIMALS ..................................................................................................................... 7
2.1.7
EMPLOYEES TO USE WALKS IF CARRY-OUT SERVICE DIRECTED ....................................... 7
2.2
EMPLOYEES NOT TO TRESPASS .................................................................................................... 8
2.3
CONTRACTOR TO MAKE EXAMINATION ........................................................................................ 8
2.3.1
EMPLOYEES ............................................................................................................................................ 8
NON-DISCRIMINATION ..................................................................................................................... 8
iii
2.3.2
2.3.4
OSHA/WISHA ....................................................................................................................................... 8
2.4
EMPLOYEES TO BE COURTEOUS, ETC. ........................................................................................ 9
2.5
COMPANY NAME ................................................................................................................................... 9
2.6
CONTRACTOR’S OFFICES .................................................................................................................... 9
2.7
PERMITS ................................................................................................................................................... 9
2.8
PUBLIC UTILITIES .................................................................................................................................. 9
2.9
LOADING .................................................................................................................................................. 9
2.10
CLEANUP OF SPILLS ............................................................................................................................. 9
2.10.1
DISRUPTION OF COLLECTION ...................................................................................................... 10
2.10.2
DISRUPTION OF COLLECTION DUE TO WEATHER .................................................................. 10
2.10.3
Holiday Schedules ................................................................................................................................................ 10
2.12
MISSED AND MAKEUP COLLECTIONS ........................................................................................ 11
2.12.1
RESERVE EQUIPMENT .................................................................................................................... 11
2.13
PAINTING AND CLEANING OF VEHICLES .................................................................................. 11
2.14
SUBCONTRACTORS ......................................................................................................................... 11
2.15
METHOD OF PROCESSING AND DISPOSAL ................................................................................ 11
2.16
SERVICE TO CITY FACILITIES ....................................................................................................... 12
ARTICLE III ....................................................................................................................................................... 12
COMPLIANCE WITH LAWS ............................................................................................................. 12
REPORTING REQUIREMENTS ...................................................................................................................... 12
3.1
3.1.1
REPORTING REQUIREMENTS ........................................................................................................... 12
ANNUAL PROGRAM REPORTS ...................................................................................................... 12
iv
3.2
ARTICLE IV....................................................................................................................................................... 14
CONTRACTOR'S RECORDS; ACCESS INSPECTION ....................................................................... 13
INSURANCE AND SAFEGUARDS ................................................................................................................. 14
4.1
4.1.1
INSURANCE ........................................................................................................................................... 14
4.1.2
GENERAL REQUIREMENTS ............................................................................................................ 14
4.1.3
ADDITIONAL INSURANCE .............................................................................................................. 14
4.1.4
CONTINUANCE ................................................................................................................................. 14
4.1.4.1
COVERAGES ...................................................................................................................................... 14
4.1.4.2
ENDORSEMENTS ................................................................................................................................ 14
4.2
MINIMUM LIMITS ............................................................................................................................ 15
4.3
PERFORMANCE BOND ........................................................................................................................ 15
4.3.1
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ......................................................... 16
4.3.2
INDEMNIFICATION .......................................................................................................................... 16
4.4
WAIVER OF RCW TITLE 51 ............................................................................................................. 16
ARTICLE V ........................................................................................................................................................ 16
COMPLIANCE REQUIRED ................................................................................................................... 16
GARBAGE COLLECTION ............................................................................................................................... 16
5.1 Garbage Collection
: Residential Garbage shall be collected by the Contractor, based on the
frequency, service levels and rates set forth in Exhibit A. Commercial and Multi-family Garbage shall
be collected by Contractor in accordance with the frequency, service levels and rates set forth in Exhibit
A. 16
5.1.1
RESIDENTIAL GARBAGE WILL BE COLLECTED IN CONTRACTOR PROVIDED CARTS OR
CUSTOMER PROVIDED CANS. EXTRA MATERIALS WHICH DO NOT FIT NEATLY WITHIN THE
CUSTOMER’S PRIMARY CART/CAN SHALL BE COLLECTED FOR A FEE AS SET FORTH IN RATE
CARTS ................................................................................................................................................. 16
v
SCHEDULE AND MAY BE PLACED ADJACENT TO THE PRIMARY CART/CAN IN CUSTOMER
PROVIDED CANS, BAGS, OR OTHER RECEPTACLES WHICH CAN BE SAFELY COLLECTED BY
CONTRACTOR’S PERSONNEL AND EQUIPMENT. ALL MULTI-FAMILY GARBAGE AND
COMMERCIAL GARBAGE WILL BE COLLECTED IN CONTRACTOR PROVIDED CARTS OR
CONTAINERS, AND EXTRA MATERIALS WHICH DO NOT FIT NEATLY WITHIN THE
CUSTOMER’S PRIMARY CART OR CONTAINER SHALL BE COLLECTED FOR A FEE AS SET
FORTH IN RATE SCHEDULE AND MAY BE PLACED ADJACENT TO THE PRIMARY CART OR
CONTAINER IN CUSTOMER PROVIDED CANS, BAGS, OR OTHER RECEPTACLES WHICH CAN BE
SAFELY COLLECTED BY CONTRACTOR’S PERSONNEL AND EQUIPMENT. COMMERCIAL
CUSTOMERS MAY PROVIDE THEIR OWN COMPACTORS OR CONTAINERS, PROVIDED SUCH
CAN BE SAFELY AND EFFECTIVELY HANDLED BY CONTRACTOR’S PERSONNEL AND
COLLECTION VEHICLES. .............................................................................................................................. 16
5.1.2 BULKY ITEMS AND WHITE GOODS:
UPON REQUEST FROM THE CITY, THE
CONTRACTOR SHALL PROVIDE SEPARATE COLLECTION OF BULKY ITEMS AND WHITE
GOODS ON A CALL-IN BASIS. RESIDENTS WILL BE CHARGED FEES ACCORDING SERVICE
RATE FEES IN EFFECT AT THE TIME OF THE REQUEST. ...................................................................... 17
ARTICLE VI....................................................................................................................................................... 17
CITY CLEANUPS .............................................................................................................................................. 17
6.1 SPRING CLEANUP
: THE CONTRACTOR SHALL PROVIDE A CITY CLEANUP ONCE PER
YEAR IN THE SPRING, UPON 30 DAYS NOTICE FROM THE CITY. AT EACH CITY CLEANUP DAY,
CONTRACTOR SHALL PROVIDE ALL NECESSARY CONTAINERS, EQUIPMENT, AND LABOR
WITHOUT CHARGE TO CUSTOMERS IN THE CITY. CONTAINERS SHALL BE LOCATED AT A
PLACE OR PLACES DESIGNATED BY THE CITY. THE CONTRACTOR SHALL NOT RECEIVE
ADDITIONAL COMPENSATION FOR CLEANUP DAYS. THE CONTRACTOR SHALL COLLECT A
MAXIMUM OF FIFTY (50) TONS OF SOLID WASTE PER YEAR AT NO COST TO THE CUSTOMERS
OR THE CITY, AND SHALL CHARGE THE CITY ONLY THE AMOUNT OF DISPOSAL FEE FOR
SOLID WASTE IN EXCESS OF 50 TONS. .................................................................................................. 17
ARTICLE VII ..................................................................................................................................................... 17
RECYCLABLE MATERIALS COLLECTION ................................................................................................. 17
7.1 GENERAL RECYCLING PROVISIONS: RESIDENTIAL RECYCLABLE MATERIALS SHALL BE
COLLECTED EVERY OTHER WEEK, ON THE SAME DAYS AS GARBAGE COLLECTION. THE
COST OF RESIDENTIAL RECYCLABLES COLLECTION SHALL BE INCLUDED THE RATES FOR
RESIDENTIAL GARBAGE COLLECTION SET FORTH IN EXHIBIT A. UP TO 64 GALLONS OF
EXTRA RECYCLABLES WHICH DO NOT FIT WITHIN THE CONTRACTOR PROVIDED CART WILL
BE COLLECTED FREE OF CHARGE FROM RESIDENTIAL CUSTOMERS, BUT ANY ADDITIONAL
MATERIALS SHALL BE SUBJECT TO THE FEES SET FORTH IN EXHIBIT A. MULTI-FAMILY
RECYCLABLE MATERIALS SHALL BE COLLECTED EVERY OTHER WEEK. THE COST OF
MULTI-FAMILY RECYCLABLES COLLECTION SHALL BE INCLUDED THE RATES FOR MULTI-
FAMILY GARBAGE COLLECTION SET FORTH IN EXHIBIT A. COMMERCIAL AND INDUSTRIAL
CUSTOMERS MAY RECEIVE RECYCLABLE MATERIALS COLLECTION IN ROLL-OFF
vi
CONTAINERS OR OTHER COMMERCIAL CONTAINERS AT A FREQUENCY AND AT RATES AS
SET FORTH UNDER SEPARATE CONTRACT BETWEEN THE CONTRACTOR AND THE
CUSTOMER. ...................................................................................................................................................... 17
ARTICLE VIII ........................................................................................................................................................... 18
COMPOSTABLE ORGANICS COLLECTION ................................................................................................ 18
ARTICLE IX....................................................................................................................................................... 18
COMPENSATION ............................................................................................................................................. 18
9.3 Other Solid Waste Collection Services
. The Contractor may occasionally provide other
services related to solid waste collection in the City not specifically provided for under Exhibit
A of this Agreement. The Contractor shall notify the City and propose a customer rate for the
service. Upon approval of the City, the Contractor may proceed to offer that service. .............. 18
If Contractor or City requests an adjustment due to the extraordinary circumstances set forth
above, ..............................................................................................
Contractor or City shall prepare a rate adjustment request setting forth its calculation of the
increased or decreased costs and accompanying rate adjustment necessary to offset such
increased or decreased costs. The City or Contractor may request any and all documentation
and data reasonably necessary to evaluate such request by Contractor or City, and shall act
within ninety (90) days of receipt of the request from Contractor or City to either approve or
disapprove the request, provided that approval shall not be unreasonably withheld. ................ 19
ARTICLE X ........................................................................................................................................................ 19
BILLING SERVICES AND CUSTOMER EDUCATION ................................................................................ 19
10.1
10.3
CONTRACTOR BILLING .................................................................................................................. 19
10.4
Suspending Collection from Problem Customers ................................................................................................ 20
ARTICLE XI....................................................................................................................................................... 21
Promotion and Education ..................................................................................................................................... 20
DEFAULTS ........................................................................................................................................................ 21
11.1
11.2
TERMINATION .................................................................................................................................. 21
ARTICLE XII ..................................................................................................................................................... 22
LIQUIDATED DAMAGES ................................................................................................................. 21
vii
ANNEXATION .................................................................................................................................................. 22
12.1
ARTICLE XIII .................................................................................................................................................... 23
FRANCHISE RIGHTS/ANNEXATIONS ........................................................................................... 22
MISCELLANEOUS ........................................................................................................................................... 23
13.1
13.2
NON-WAIVER .................................................................................................................................... 23
13.3
NOTICES ............................................................................................................................................. 23
13.4
SEVERABILITY ................................................................................................................................. 23
13.5
ENTIRE AGREEMENT ...................................................................................................................... 23
13.6
ATTORNEYS’ FEES ........................................................................................................................... 23
13.7
CHANGE IN RATE OR SERVICE ..................................................................................................... 23
ASSIGNMENT .................................................................................................................................... 24
1
CONTRACT FOR SOLID WASTE,
RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL
BETWEEN THE CITY OF ARLINGTON, WASHINGTON
AND WASTE MANAGEMENT OF WASHINGTON, INC.
RECITALS
WHEREAS, the City of Arlington, a Washington municipal corporation (the “City”), has
negotiated with Waste Management of Washington, Inc., a Washington corporation (the
“Contractor”), for solid waste collection and recycling pick-up services; and
WHEREAS, solid waste collection service is a fundamental municipal function with
uniform, managed collection necessary for the preservation of public health; and
WHEREAS, Contractor represents that it has the experience, resources, and expertise
necessary to perform solid waste collection services; and
WHEREAS, pursuant to RCW 35.21.120 the City has enacted ordinances codified in the
City’s Municipal Code which created a system for the orderly collection and disposal of Garbage
within the City of Arlington; and
WHEREAS, the City agrees to adopt such modifications to its solid waste ordinances as are
necessary to reflect this agreement; and
WHEREAS, this contract is subject to the adoption of such ordinance modifications and to
the rights of any third parties regarding franchises provided for pursuant to RCW 35.13.280; and
WHEREAS, the City Council finds that by entering into this contract for the collection of
Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services
at more stable rates; and
WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for
providing solid waste collection services and the City Council has determined that the City should
enter into a contract with Contractor for the collection and disposal of Garbage, recycling and yard
debris within the City;
2
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND
COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS:
DEFINITIONS
For the purposes of this Contract the following terms shall have the following meanings:
Adjustment Date
: means the date that occurs annually on September 1st.
Bagster
: means a “dumpster in a bag” product which can hold up to three cubic yards of
debris and other solid waste materials and is serviced by a special roll-off collection vehicle
operated by Contractor. Bagster products may be purchased by customers in local home
improvement retail stores.
Blowing
: means materials collected on route blowing out or off of the truck.
Bulky Waste/Items:
Couches, chairs, mattresses, appliances and other large items that do
not fit into the standard Residential or Commercial Garbage truck.
Cart:
means Contractor owned wheeled cart that is a plastic container with 20, 35, 64 or 96
gallons of capacity; designed for and used with a hydraulic lifting mechanism; fitted with a sturdy
handle and a cover; be is rodent and insect resistant; and be is capable of holding collected liquids
without spilling when in an upright position. Can be used for garbage, organics and recyclable
collection.
Carry Out Service
: means the servicing of carts by Contractor which are not placed
Curbside by the customer for collection, but rather require the Contractor to enter onto Customer’s
property and roll-out or carry-out carts to Contractor’s collection vehicle. Customers may request a
carry out service for an additional fee as set forth in Exhibit A, and such fees are charged based
upon the distance from Contractor’s collection vehicle. Carry out service for Senior Citizens and
Physically Disabled Persons is set forth in Section 2.1.4.
City:
The City of Arlington, Washington
Commercial/Industrial Customers:
Non-Residential customers including businesses,
institutions, governmental agencies, Multi-Family customers with Commercial accounts and all
other users of commercial type Garbage collection services.
Commercial Recycling Customers:
Commercial/Industrial customers who voluntarily sign
up for this service.
Compostable Organics: Means any organic waste materials that are source separated for
collection, such as Yard Debris and Food Waste.
3
• Food Waste: A
•
ll compostable pre- and post-consumer food scraps, such as whole or
partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and
egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates,
coffee filters, paper take-out boxes, pizza boxes, or other paper products accepted by
the Contractor’s selected composting site. Food scraps shall not include large dead
animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials
prohibited by the selected composting facility.
Yard Debris:
Leaves, grass and clippings of woody, as well as fleshy plants.
Unflocked whole holiday trees are acceptable. Materials larger than four (4) inches in
diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two
(2) feet by two (2) feet by four (4) feet in dimension shall be allowed and shall be
secured by degradable string or twine, not nylon or other synthetic materials. Kraft
paper bags and untied reusable bags may be used to contain Yard Debris.
Contractor:
Waste Management of Washington Inc., which has contracted with the City of
Arlington to collect, process, market and transport Garbage/Solid Waste, Recyclable Materials, and
Compostable Organics within the City limits.
County:
Snohomish County, Washington.
Contract Administrator
: The Public Works Director or a person designated by that
individual.
Curb or Curbside
: The area within five (5) feet of the Public Street or alley where regular
collection occurs. If safe access is difficult or extraordinary circumstances preclude such a location,
curbside shall be considered a placement suitable to the resident, convenient to the Contractor’s
equipment, and mutually agreed to by the Administrator and Contractor.
Customer: means any residential, multifamily, commercial, or industrial customer who
generates Garbage/Solid Waste, Recyclables, or Compostable Organics within the City.
Garbage/Solid Waste:
All putrescible and nonputrescible solid and semi-solid wastes,
including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction
wastes, and discarded commodities that are placed by customers of the Contractor in appropriate
bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage
shall not include Hazardous Wastes, Special Wastes, source-separated Recyclables or Compostable
Organics.
Disposal Fee:
The fee charged by to the Contractor for the disposal of any Garbage or Solid
Waste.
Hazardous Waste: The waste, material or substance that is not excluded from regulation as
“hazardous waste,” “hazardous substance,” or “dangerous waste” by application of regulations
4
adopted by the United States Environmental Protection Agency or the Washington State Department
of Ecology and that now or hereafter:
(a) is required to be dealt with as a hazardous waste under regulations
promulgated by the United States Environmental Protection Agency at 40
CFR part 261; or
(b) contains a radioactive material the storage or disposal of which is regulated
by state or federal law or regulation; or
(c) is designated a “dangerous waste” or “extremely hazardous waste” by
regulations adopted pursuant to Chapter 70.105 RCW; or
(d) is required to be dealt with as a hazardous substance under chapter 70.105D
RCW and regulations promulgated by the Washington Department of
Ecology at chapter 173-340 WAC.
Inaccessible Area:
Any road that does not allow safe access, turn-around, clearance or does
not meet the weight requirements for the trucks.
Mixed Paper:
Magazines, junk mail, phone books, bond or ledger grade paper, cardboard
and paper board packaging. Tissue paper, paper towels, and frozen food containers are excluded.
Multi-Family Residence
: All Multi-Family complexes including apartments,
condominiums, town houses, and mobile home parks with two (2) or more dwelling units (or any
complex that is billed as a group), where single family collection service is not conveniently
provided.
Public Street:
A public right a way used for public travel and owned by the City.
Recyclable Material:
Aluminum cans;
Clean glass containers, clear, amber and green (no ceramic or window glass);
Mixed paper, mail, magazines, catalogs, phone books, computer paper, white and colored
ledger and corrugated cardboard (no larger than 2 feet by 3 feet);
Newspaper and inserts; or
Clean plastic bottles, milk jugs and dairy tubs.
The City and the Contractor can negotiate any deletion or additions to the Recyclable Materials list.
Non- Regular Scheduled/Temporary Service:
means, any non-permanent, temporary service
requested by a customer and available by the Contractor to bill for. These requested services will be
provided by the Contractor and billed directly to the customer by Contractor. City will refer these
types of service requests to Contractor for set up, service scheduling and billing.
Physically Challenged Persons: means disabled persons or any other residential customer
who is not physically able to move carts out to the Curbside, as determined based upon criteria
reasonably established by the Contractor, with input from the City. Requests must be made to the
5
Contractor in writing for such designation, and the customer household cannot have another able
bodied person living in the home who is capable of rolling carts out to the Curbside.
Recycling Carts:
A Contractor-owned and provided labeled cart suitable for on-site
collection and/or storage of source-separated Recyclables and Compostable Organics at Residential
and Multi-Family locations.
Residence:
A living space individually rented, leased, or owned.
Senior Citizen
: means any residential customer where all residents in the household are at
least sixty-two years of age.
Service Area:
The municipal boundaries of the City both now and as they may be expanded
by annexation during the life of the contract, subject to the provisions of RCW 35.13.280.
Single Family Residence:
All single unit houses, duplexes, and mobile homes where service
is billed to the individual customer.
Single Stream Recycling:
also known as “fully co-mingled” recycling refers to a system in
which all Recyclable Materials are placed together in the same Recycling Cart, instead of being
sorted into separate commodities by the resident.
Special Waste:
The term “Special Waste” means polychlorinated biphenyl (“PCB”) wastes,
industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-
characterized wastes, incinerator ash, medical wastes, demolition debris and other materials
requiring special handling in accordance with applicable federal, state, county or local laws or
regulations.
White Goods
: means large household appliances such as washers, dryers, stoves,
refrigerators (not containing CFCs), dishwashers, and other similar appliances.
WUTC:
means the Washington Utilities and Transportation Commission (WUTC), which
regulates solid waste collection in the unincorporated areas of the County.
6
ARTICLE I
AGREEMENT, TERM
1.1
The City of Arlington (hereinafter referred to as “City”), hereby agrees that Waste
Management of Washington Inc. (hereinafter referred to as “Contractor”), shall have the exclusive
right to collect Garbage/Solid Waste, Recyclable Material and Compostable Organics within the city
limits, to the extent allowed by law, including all work incidental thereto, upon the terms and
conditions set forth below.
Agreement
1.2
The term of this Contract is ten years, starting September 1, 2010, and expiring August 31,
2020. The parties may, by mutual agreement, extend the agreement for two (2) successive periods
of two (2) years each. Any such extension shall be under the original terms and conditions of this
Contract. To exercise the option to extend this Contract, the parties shall agree in writing not less
than 180 days prior to the then expiring Contract term.
Term
1.3 Exclusive Right; Franchise Enforcement.
The City does hereby grant to Contractor the
exclusive duty, right and privilege to collect and dispose, process and market or otherwise handle all
residential, commercial, and industrial Solid Waste generated, deposited, accumulated or otherwise
coming to exist in the City, and all residential/multi-family Recyclable Materials and Compostable
Organics generated, deposited, accumulated or otherwise coming to exist in the City.
When asked by the Contractor, the City shall use reasonable efforts to protect this right of
the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the
right of the Contractor. The Contractor may independently enforce the exclusive rights under this
Contract against third party violators, including but not limited to seeking injunctive relief, and the
City shall use good faith efforts to cooperate with Contractor in Contractor's actions to enforce such
rights (without obligating the City to join any litigation initiated by Contractor).
ARTICLE II
GENERAL OPERATIONS
2.1
Collection
2.1.1
The services to be performed consist of the collection of all Garbage, Recyclable Material,
and Compostable Organics herein referred to which occur within the City of Arlington and disposal
or recycling thereof. The collection of Hazardous Waste is not included within the scope of this
Agreement, and Contractor shall be under no obligation to collect any Hazardous Waste. Nothing
herein is intended to prevent Contractor from collecting, transporting and/or disposing of any non-
General
7
hazardous or hazardous toxic waste in accordance with applicable federal and state requirements
and regulations, so long as such actions are performed separate and apart from any action taken in
the performance of this Agreement.
2.1.2
The collection of Garbage, Recyclable Materials and Compostable Organics from Single
Family and Multi-Family customers within the City shall be between the hours of 7:00 AM and 6:00
PM Monday through Friday. The collection of Commercial customers will be between the hours of
5:00 AM and 6:00 PM Monday through Friday. Recycling will be collected every other week
whereas garbage and compostable organics will be collected weekly.
Collection Schedule and Hours of Operations
2.1.3 Collection Locations
Contractor shall collect Garbage, Recyclable Materials and Compostable Organics at
Curbside from all Single Family Residences and Multi-Family Residences. Contractor may refuse to
pick up materials at locations identified by Contractor and approved by the City, acting reasonably,
where, because of the conditions of the streets, alleys or roads, it is impractical to operate vehicles,
and may refuse to drive into private property where driveways or roads are without adequate
turnarounds or have other unsafe conditions.
2.1.4
The Contractor shall offer carry-out service for Garbage, Recyclables and Compostable
Organics of up to fifty (50) feet from Contractor’s vehicle to qualifying Senior Citizens and
Physically Challenged Persons lacking the ability to place containers at the Curb, at no additional
charge. The Contractor shall use qualification criteria that are fair and meet the needs of the City’s
senior residents. These criteria shall comply with all local, state and federal regulations, and shall
be subject to City review and approval prior to program implementation.
Collection from Senior Citizens and Physically Challenged Persons
2.1.4.1
Senior Citizens must be 62 years of age and will be required to send proof of age (driver’s
license or identification card) to Waste Management Customer Service Center. Once proof of age is
received a 10% discount will be applied to the account.
Senior Citizen Discount
2.1.5
Contractor will not be required to enter into private property to pick up materials while an
animal considered or feared to be vicious is loose.
Dangerous Animals
2.1.6
Employees, in collecting Garbage and Recyclable Materials, shall follow the regular walks
for pedestrians while on private property returning to the street or alley after replacing empty cans.
They shall also replace all Garbage cans and covers and close all gates opened by them. All
employees shall wear clean clothing or uniforms.
Employees to Use walks if Carry-out Service Directed
8
2.1.7
Employees shall not trespass or loiter, cross property to an adjoining premise, or meddle
with property which does not concern them.
Employees Not to Trespass
2.2
Contractor shall make its own examination and investigation regarding the proper method of
doing the work and all conditions affecting the work to be done, and the labor, equipment and
materials needed therefore and the quantity of work to be performed. Contractor agrees that it is
satisfied with its own investigation and research, and will make no claim against City because of
any of the estimates, statements, or interpretations made by any officer or agent of the City. This
Agreement is for the benefit of the parties thereto and is not intended to inure to the benefit of any
third party.
Contractor to Make Examination
2.3
All workers employed by Contractor shall be competent and skilled in the performance of
the work to which they may be assigned. All drivers must have a C.D.L. “B” or “A” license and a
current medical card. Failure or delay in the performance of this Contract due to Contractor’s
inability to obtain workers of the number and scope required, shall constitute a default of this
contract.
Employees
2.3.1
The Contractor will not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology,
ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based
on a bona fide occupational qualification. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to their
creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry,
national origin, or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to the following: Employment upgrading; demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment any required notices
setting forth the provisions of this nondiscrimination clause. Contractor understands and agrees that
if it violates this nondiscrimination provision, this contract may be terminated by the City and
further that the Contractor shall be barred from performing any services for the City now or in the
future, unless a showing is made satisfactorily to the City that discriminatory practices have
terminated and that recurrence of such action is unlikely.
Non-Discrimination
2.3.2
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the
Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations
issued under these Acts from time-to-time must be complied with. The Contractor shall indemnify
and hold harmless the City from all damages assessed for the Contractor’s failure to comply with
the acts and standards issued there under. The Contractor is also responsible for meeting all
OSHA/WISHA
9
pertinent local, state and federal health and environmental regulations and standards applying to the
operation of the collection processing system.
2.3.3
Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local
Compliance with Laws
laws, rules and regulations, including, but not limited to, all applicable laws regarding wages.
2.3.4
Employees of Contractor shall be courteous at all times and not use loud or profane language
and shall do their work as quietly as possible.
Employees to be Courteous, Etc.
2.4
Contractor shall not use a firm name containing any words implying municipal ownership or
including the name of the City.
Company Name
2.5
Contractor shall be required to maintain a local access telephone number or a 800 number
which meets the approval of the City, and such attendants as may be necessary to take care of
complaints, as well as orders for special service or to receive instruction. The attendant shall be on
duty between the hours of 8:00 a.m. and 5:00 p.m. PST, Monday through Friday, except holidays.
At such times as the office is closed, a recorder shall be in operation. The contractor shall maintain a
website for customer use 24 hours per day 7 days per week at
Contractor’s Offices
www.wmnorthwest.com/arlington
The website must provide a separate address for the City of Arlington that can accept electronic
communication.
2.6
Contractor shall take out and pay for any business license or other fee required by the City or
any other governmental authority which may be required to provide the services under this Contract.
Permits
2.7
Contractor shall be obligated to protect all public and private utilities whether occupying
street, public or private property. If such utilities are damaged by reason of Contractor’s operations
under this Contract, he shall repair or replace same.
Public Utilities
2.8
Extra care shall be taken in the loading and transporting of Garbage, Recyclables,
Compostable Organics and other wastes so that the material to be collected is not left either on
private property or on the streets or alleys. Any Garbage, Recyclables, Compostable Organics or
other wastes left on private property or on streets or alleys spilled by Contractor shall be cleaned up
within 24 hours of received complaint.
Loading
2.9
All loads collected by the Contractor shall be completely contained in collection vehicles at all
times, except when material is actually being loaded. Hoppers on all collection vehicles shall be
operated so as to prevent blowing or spillage of materials. Any blowing or spillage of materials
Cleanup of Spills
10
either caused by Contractor or that occurs during collection shall be immediately cleaned up by the
Contractor at its expense. Prior to any collection vehicle leaving a collection route and/or operating
on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any
collection vehicle openings where materials may blow out, and thoroughly inspect for and remove
any collected materials inadvertently spilled on top of the collection vehicle to prevent release or
littering of this material. Spillage not immediately cleaned up shall be cause for performance fees, as
described in Section 11.2.
All vehicles used in the performance of this Contract shall be required to carry and regularly
maintain spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment
booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and,
for minor events, appropriately clean-up, blowing materials, litter, leaks and spillage of Contractor
vehicle fluids and leachate. Spill kits shall also include employee spill containment instructions and
procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop
spill response procedures for review and approval by the City before initiating any work under this
Contract. All Contractor vehicle drivers shall be provided with annual hands-on training on the
location, maintenance, and use of spill kits and associated containment and notification procedures.
All Drop Box Container loads (both open and compactor) shall be properly and thoroughly covered
or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or
Public Street.
2.10
Disruption of Collection
2.10.1
When weather conditions are such that continued operation would result in danger to the
Contractor’s staff, area residents, or property, the Contractor shall collect only in areas that do not
pose a danger. The Contractor shall notify the City, on the same business day, of the areas not
served.
Disruption of Collection Due to Weather
The Contractor shall collect Garbage, Recyclables and Yard Debris from customers with
interrupted service on their next scheduled service day. Extra Garbage will not be charged for as
long as it does not exceed double their normal service.
2.10.2
Holiday Schedules
The Contractor shall designate which holidays will be observed and indicate the schedule
that will be worked if the holiday falls on a regular collection day. The holiday schedule for the
next year shall be provided in writing by the Contractor to the City annually on or before November
30 if the prior year. When the day of regular collection is a legal holiday, the Contractor may
reschedule the service to the next day, example: Monday to Tuesdays, Tuesday to Wednesday,
Wednesday to Thursday, Thursday to Friday and Friday to Saturday. The Contractor may not collect
Residential Garbage, Recyclables or Yard Debris earlier than the regular collection day due to a
holiday. Commercial collections may be made one day early only with the consent of the
Commercial Customer.
Comment [JXK1]:
To WM:
1. Please read sentence – “if” should be “of”
2. 30 days for the City to review a holiday
schedule change and then for WM to get the
information to the citizens seems
short……..45 days would be better.
11
2.10.3
If the Contractor fails to collect a customer's Garbage, Recyclable Material or Compostable
Organics which have been properly and timely set out for collection during a regularly scheduled
collection, other than as provided in Section 2.10.1 or 2.10.2, the Contractor shall make a special
make up collection within 24 hours (or one business day) of notification by the City or customer.
This section applies to omitted collections of a single residence, a row of residences, or an entire
route. If Contractor fails to provide a special pickup for a missed collection within twenty-four (24)
hours (or one business day) after notification by the Contract Administrator or customer, the
Contract Administrator may cause the work to be done and the Contractor shall fully reimburse the
City for its collection expenses. In addition, contractor will be responsible for liquidated damages
per section 11.2.
Missed and Makeup Collections
2.11 Collection Equipment
Contractor shall possess or demonstrate to the City’s reasonable satisfaction that it has
available to it adequate equipment and vehicles, including reserve or replacement vehicles and
equipment, sufficient to perform the services required of Contractor herein. Contractor shall
maintain all trucks and equipment used within the City in good mechanical condition and the same
shall be clean, numbered and uniformly painted. All truck bodies used by Contractor shall be
constructed of metal and shall be watertight and leak proof. Each vehicle used by Contractor shall
carry at all times a broom and shovel or other item appropriate for use in the prompt removal of any
spilled material. All vehicles used by Contractor shall have adequate coverage at all times to
prevent the spillage of Solid Waste.
2.12
The number and type of collection vehicles, including back up or reserve equipment in event
of equipment failure, furnished by Contractor, shall be sufficient for the collection of all Garbage,
Recyclable Materials and Yard Debris. Contractor shall make available for rental detachable
containers which meet all applicable safety requirements.
Reserve Equipment
2.12.1
Collection vehicles shall be painted and numbered and shall have the Contractor's name and
number of the vehicles painted in letters of a contrasting color, at least four (4) inches high on each
side of each vehicle. No advertising shall be permitted other than the name of the Contractor. All
vehicles shall be kept in a clean and sanitary condition.
Painting and Cleaning of Vehicles
2.13
Contractor may not subcontract any portion of the services required by this Contract without
the specific written consent of the Contract Administrator, which shall not be unreasonably
withheld. Such consent shall not relieve Contractor from its responsibilities under this Contract for
the services performed by a subcontractor.
Subcontractors
2.14
Contractor shall deliver all Garbage, Recyclable Materials and Commercial Organics
collected under the Contract to permitted facilities of its choosing, as approved by the Snohomish
Method of Processing and Disposal
12
County Solid Waste Division and Snohomish County Health Department, for the processing or
disposal of such materials.
2.15
As partial consideration for this Contract, Contractor shall provide free collection of
Garbage and Recyclables from all City facilities. Contractor shall provide free collection of
Garbage and Recyclables from all Airport Administrative and Maintenance Buildings, and the
Municipal Airport shall provide storage space for Contractor’s detachable garbage containers.
Quantity of containers to be stored shall be reasonably approved by the Airport Manager.
Service to City Facilities
A list of current City facilities is attached as Exhibit 1A__
If there is a material increase in the number of City facilities during the term of this Contract,
then the Parties shall meet and confer in good faith to negotiate an appropriate adjustment to
Contractor’s rates set forth herein.
2.16
Contractor shall comply with all applicable local, state and federal regulations and laws
regarding the collection, transfer and disposal of Garbage, Recyclable Materials, and Compostable
Organics pursuant to this contract.
Compliance with Laws
2.17
The Contractor shall provide all services pursuant to this Contract within the City Service
Area.
Service Area
2.18 Carts and Containers
. Contractor shall retain ownership of any Carts or other containers
provided by Contractor in performing the services under this Contract. Cart deliveries (for new or
replacement Carts) shall be subject to the service rate schedule in Exhibit A. Contractor shall
deliver Carts necessary to meet the service requirements set forth under this Contract upon a
delivery schedule to be mutually agreed upon by the contractor and the City.
ARTICLE III
REPORTING REQUIREMENTS
3.1
The Contractor will be required to keep records and submit them to the City as specified
below. The minimum reporting requirements set forth below are subject to modification, and shall
include:
Reporting Requirements
3.1.1
The Contractor shall submit Annual program reports for the length of the Contract period
commencing upon the initial day of the Contract. These reports shall be completed by February 15
for the previous calendar year. The City may request program reports at any time during the
calendar year but allowing the Contractor 30 days to prepare the reports. These reports shall clearly
Annual Program Reports
Comment [JXK2]:
To WM:
1.The schedule is attached to the most
recent email.
2. The list of city facilities will be Exhibit A
and the rate schedule will be Exhibit B (see
comment in section 9.1)
13
indicate individual totals for single family, multi family and Commercial collection. At a minimum,
the reports shall include:
a. Monthly summary of Recyclable Materials and Compostable Organics by tonnage,
collected and recovered (not disposed of at landfill), by customer category.
b. Residential Recycle participation (Count customers twice a year, April & October)
c. Monthly summary of solid waste tonnage, by customer category.
d. Customer complaint report, missed pick ups, missed deliveries, etc.
e. Report the overall Service Machine Score of the company based on 1 error per 1,000
services for the reporting period.
3.1.2
The Contractor shall submit monthly program reports for the length of the Contract
period commencing upon the initial day of the Contract. These reports shall be completed at the end
of the month for the month prior. These reports shall clearly indicate individual totals for single
family, multi family and commercial collection. At a minimum, the reports shall include:
Monthly Program Reports
a. Monthly summary of recyclable materials and yard debris by tonnage,
collected and recovered (not disposed of at landfill), by customer category.
b. Approximate resident participation rates in terms of weekly and monthly set-
out counts.
c. Total number of recycling bins that have been distributed to residents.
d. Monthly summary of solid waste tonnage, collected and disposed of at a
landfill, by customer category.
3.2
The City shall have the right to inspect and copy all books, records and documents, and to
Contractor's Records; Access Inspection
interview any person, and to review any evidence in Contractor's possession and control that may
assist the City in determining whether the Contractor is in compliance with the Contract.
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ARTICLE IV
INSURANCE AND SAFEGUARDS
4.1
Insurance
4.1.1
Subsequent to the award but prior to the execution of this Contract, the Contractor at its
General Requirements
own expense shall obtain and file with the City a Certificate of Insurance evidencing general
comprehensive liability insurance coverage (including all of the coverages set forth below). This
Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages.
All insurance shall be written on an occurrence basis.
4.1.2
Contractor's liability insurance must specifically name the City as an additional insured
Additional Insurance
thereunder and must fully protect the City from any and all claims, risks and losses in connection
with any activities or omissions by the Contractor by virtue of this Contract.
4.1.3
Contractor's liability insurance must be maintained in full force and effect at the
Continuance
Contractor's sole expense for liability for property damage or personal injury that may occur in
connection with activities or omissions by the Contractor arising under or related to this Contract.
The City shall be given forty-five (45) calendar days prior written notice, by certified mail, of any
cancellation, lapse, reduction or modification of such insurance.
4.1.4
Coverages
4.1.4.1
Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of
Insurance, must provide the following minimum coverages and limits and contain the following
provisions:
Endorsements
a. Bodily Injury
b. Employees as Additional Insured
c. Premises/Operations Liability (M&C)
d. Products and Completed Operations Liability
e. Blanket Contractual Liability
f. Broad Form Property Damage Liability (including completed operations)
g. Personal Injury with no employee exclusion
h. Stop Gap or Employers Contingent Liability
i. Automobile Liability, including coverage for owned, non-owned, leased or hired
vehicles
15
4.1.4.2
All Coverages: $1,000,000 per occurrence and $2,000,000 aggregate.
Minimum Limits
The providing of coverage in this stated amount shall not be construed to relieve the
Contractor from liability in excess of such limits. The City shall not be deemed or construed to
have assessed the risks that may be applicable to the Contractor under this Contract. Contractor will
assess its own risks and, if it deems appropriate and prudent, maintain greater limits.
4.1.5
Other Insurance Provisions
4.1.5.1
Automobile liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
proving equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
Minimum Scope of Insurance
Commercial general liability insurance shall be written on ISO occurrence for CG 00 01 and
shall cover liability arising from premises, operations, independent contractors and personal injury
and advertising injury.
4.1.5.2
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Acceptability of Insurers
4.1.5.3
The Contractor’s insurance coverage shall be primary insurance as respects the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor’s insurance and shall not contribute with it.
Contractor’s Insurance Primary
4.2
Contractor shall furnish to the City a proper performance bond to be approved by the City
Performance Bond
Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of the
contract and related documents and pay all laborers, mechanics and subcontractors and material
persons, and all persons who shall provide such Contractor with provisions and supplies for the
carrying on of such work; which bond shall be signed by Contractor and two more good and
sufficient sureties or with Surety Company as Surety, and shall be in the amount of One Hundred
Thousand Dollars ($100,000.00). Said bond shall at all times be kept in full force and effect during
the term of this Agreement. Contractor agrees to pay all costs, including attorney's fees, associated
with the enforcement of said bond.
16
4.3
Indemnification and Hold Harmless Agreement
4.3.1
The Contractor shall indemnify and hold the City and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands, suits, at
law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or nature, brought
against the City arising out of, or in connection with, or incident to, the execution of this Contract
and/or the Contractor’s performance or failure to perform any aspect of this Contract; provided,
however, that if such claims are caused by or result from the concurrent negligence of the City its
agents, employees, and/or officers, this indemnity provisions shall be valid and enforceable only to
the extent of the negligence of the Contractor and provided further, that nothing herein shall require
the Contractor to hold harmless or defend the City, its agents, employees, and/or officers for
damages or loss caused by the City's sole negligence. The provisions of this section shall survive
the expiration or termination of this Agreement.
Indemnification
4.3.2
With respect to the obligations to hold harmless, indemnify and defend provided for herein,
as they relate to claims against the City, their officers, agents and employees, the Contractor agrees
to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury,
sickness or death suffered by the Contractor's employees which is caused by or arises out of the
Contractor's exercise of rights of privileges granted by this agreement. This waiver is mutually
agreed to by the parties.
Waiver of RCW Title 51
4.4
Failure of the Contractor to fully comply with any and all of the terms of the foregoing
Compliance Required
insurance or bond provisions shall be considered a material breach of this contract and unless cured
by Contractor within 7 days after written notification from the City, shall be cause for its immediate
termination at the option of the City.
ARTICLE V
GARBAGE COLLECTION
5.1 Garbage Collection
: Residential Garbage shall be collected by the Contractor, based on the
frequency, service levels and rates set forth in Exhibit A. Commercial and Multi-family Garbage
shall be collected by Contractor in accordance with the frequency, service levels and rates set forth
in Exhibit A.
5.1.1
Residential Garbage will be collected in Contractor provided Carts or customer provided
cans. Extra materials which do not fit neatly within the customer’s primary Cart/can shall be
collected for a fee as set forth in rate schedule and may be placed adjacent to the primary Cart/can in
customer provided cans, bags, or other receptacles which can be safely collected by Contractor’s
personnel and equipment. All Multi-Family Garbage and Commercial Garbage will be collected in
Contractor provided Carts or containers, and extra materials which do not fit neatly within the
Carts
17
customer’s primary Cart or container shall be collected for a fee as set forth in rate schedule and
may be placed adjacent to the primary Cart or container in customer provided cans, bags, or other
receptacles which can be safely collected by Contractor’s personnel and equipment. Commercial
customers may provide their own compactors or containers, provided such can be safely and
effectively handled by Contractor’s personnel and collection vehicles.
5.1.2 Bulky Items and White Goods:
Upon request from the City, the Contractor shall provide
separate collection of bulky items and white goods on a call-in basis. Residents will be charged fees
according Service Rate Fees in effect at the time of the request.
ARTICLE VI
CITY CLEANUPS
6.1 Spring Cleanup
: The contractor shall provide a city cleanup once per year in the spring, upon
30 days notice from the City. At each City cleanup day, contractor shall provide all necessary
containers, equipment, and labor without charge to customers in the City. Containers shall be
located at a place or places designated by the City. The contractor shall not receive additional
compensation for cleanup days. The contractor shall collect a maximum of fifty (50) tons of solid
waste per year at no cost to the customers or the City, and shall charge the City only the amount of
disposal fee for solid waste in excess of 50 tons.
ARTICLE VII
RECYCLABLE MATERIALS COLLECTION
7.1 General Recycling Provisions:
Residential Recyclable Materials shall be collected every
other week, on the same days as Garbage collection. The cost of Residential Recyclables collection
shall be included the rates for Residential Garbage collection set forth in Exhibit A. Up to 64
gallons of extra Recyclables which do not fit within the Contractor provided Cart will be collected
free of charge from Residential customers, but any additional materials shall be subject to the fees
set forth in Exhibit A. Multi-Family Recyclable Materials shall be collected every other week. The
cost of Multi-Family Recyclables collection shall be included the rates for Multi-family Garbage
collection set forth in Exhibit A. Commercial and industrial customers may receive Recyclable
Materials collection in roll-off containers or other commercial containers at a frequency and at rates
as set forth under separate contract between the Contractor and the Customer.
7.2
Contractor will provide a 35-gallon cart or a 64-gallon cart to all Residential customers for Single
Stream Recycling. The default Cart size shall be 64 gallons, unless a customer requests a different
size. 96 gallon recycling carts may also be provided to Residential customers, upon request.
Commercial and Multifamily Recycling shall be collected either in Carts or containers provided by
Contractor, based upon the volume of service.
Recycling Carts:
Comment [JXK3]:
To WM:
Please add that there will be two clean up
events per year…..the same as was in the
original agreement.
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ARTICLE VIII
COMPOSTABLE ORGANICS COLLECTION
8.1 Compostable Organics Collection:
Compostable Organics shall be collected from
Residential customers who choose to subscribe for such service, on weekly basis on the same days
as Garbage collection, at the rates set forth in Exhibit A. All Residential customers who sign up for
Compostable Organics collection will be provided a 96-gallon cart. Yard Waste and Food Waste
may be commingled by Residential customers in the Compostable Organics collection Cart. Small
Commercial and Multifamily customers may also participate in the Compostable Organics
collection program, for the fees set forth in Exhibit A. Such Commercial and Multifamily
customers shall be provided a 96 gallon Cart.
ARTICLE IX
COMPENSATION
9.1 Contractor Rates
The Contractor shall charge the rates set forth in Exhibit A, as adjusted over time under this
Contract, for all services performed. The Contractor shall be responsible for billing and collecting
funds from Residential, Multi-family, Commercial and Industrial customers in accordance with the
charges listed in Exhibit “AB” Service Rate Schedule.
9.2
Commencing on September 1, 2013 and on the same date annually thereafter (the
“Adjustment Date”), the Contractor’s collection service charges (excluding disposal fees) as set
forth in Exhibit A- Service Rate Schedule, as adjusted hereunder, shall be adjusted by 90% of the
annual percent change in the Consumer Price Index (“CPI”) - for Seattle, Tacoma, Bremerton
(1982-84 = 100) for All Urban Consumers (CPI-U) as published by the Bureau of Labor Statistics
for the most recent twelve month period ending at least ninety days prior to the Adjustment Date.
CPI Adjustment
9.3 Other Solid Waste Collection Services
. The Contractor may occasionally provide other
services related to solid waste collection in the City not specifically provided for under Exhibit A of
this Agreement. The Contractor shall notify the City and propose a customer rate for the service.
Upon approval of the City, the Contractor may proceed to offer that service.
9.4 Pass Through of Disposal and Processing Fee Increases
Periodic adjustments shall be made to Contractor’s collection rates to pass through any
increase in fees for disposal of Solid Waste or any increase in fees for the processing of Recyclable
Materials or Compostable Organics if such Recyclables or Compostable Organics are being
processed at a third party facility not owned or operated by Contractor.
.
Comment [JXK4]: Exhibit B……see
comment in section 2.15.
19
9.5 Costs of an Uncertain Nature
The Contractor’s service rates set by this Agreement are calculated to pay certain expenses
and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual CPI
adjustment provided by Section 9.2, the Contractor’s rates under this Agreement may, upon written
request of Contractor or City, which shall not be unreasonably withheld, be further adjusted on an
interim basis for increased or decreased expenses associated with performance of the services
hereunder due to any one or more of the following causes:
(a) material changes in Contractor’s costs resulting from a Force Majeure event;
(b) changes in the scope or method of services provided by Contractor, changes in the Franchise
Fee, or other changes or fees required, initiated, or approved by the City;
(c) any change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state,
regional or local government that is effective after the Effective Date of this Agreement;
(d) a material increase in the volume of Solid Waste or Recyclable Materials or other materials
collected by Contractor hereunder, whether caused by customer growth and/or annexation, or a
material increase in the cost of diesel fuel; or
(fe) any other extraordinary circumstances or causes or reasons that are not within the reasonable
control of Contractor.
If Contractor or City requests an adjustment due to the extraordinary circumstances set forth above,
Contractor or City shall prepare a rate adjustment request setting forth its calculation of the
increased or decreased costs and accompanying rate adjustment necessary to offset such increased or
decreased costs. The City or Contractor may request any and all documentation and data reasonably
necessary to evaluate such request by Contractor or City, and shall act within ninety (90) days of
receipt of the request from Contractor or City to either approve or disapprove the request, provided
that approval shall not be unreasonably withheld.
ARTICLE X
BILLING SERVICES AND CUSTOMER EDUCATION
10.1
Contractor shall be responsible for billing and collection of all charges, fees and taxes for the
collection of Solid Waste, Recyclable Materials and Compostable Organics pursuant to this
contract. Contractor shall also perform all customer service functions related to billing and
responding to any customer inquiries. If City ever levies a utility tax or other gross receipts tax,
Contractor agrees to collect and remit such taxes to the City without any additional charge for the
administrative expense incurred in collection and remitting such taxes.
Contractor Billing
20
10.2 Collection for Non-Payment
. The Contractor may bill to customers a late payment fee,
interest, NSF check charges, as well as all costs associated with bad debt collection. Contractor may
suspend or terminate service to accounts that become more than sixty days past due, following
fifteen days’ written notice to the customer, and/or may place a lien upon the customer’s property, in
accordance with applicable law. If such service is reactivated, Contractor may charge a reactivation
fee and/or may require a deposit from the customer.
10.3
Suspending Collection from Problem Customers
The City and Contractor acknowledge that, from time to time, some Customers may cause
disruptions or conflicts that make continued service to that Customer unreasonable. Those
disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-owned
containers, repeated refusal to position Garbage, Recycling and Compostables Carts properly for
automated collection, repeated suspect claims of timely set-out followed by demands for return
collection at no charge, repeated claims of Contractor damage to a Customer’s property, or other
such problems.
The Contractor shall make every reasonable effort to provide service to those problem Customers.
However, the Contractor may deny or discontinue service to a problem Customer if reasonable
efforts to accommodate the Customer and to provide services fail. If the Customer submits a
written letter to the City appealing the Contractor decision, the City may, at its discretion, intervene
in the dispute. In this event, the decision of the City shall be final. The City may also require the
denial or discontinuance of service to any Customer who is abusing the service or is determined to
be ineligible.
10.4
Promotion and Education
The City shall have primary responsibility for developing, designing and executing general waste
reduction/recycling public education and outreach programs, with the assistance and cooperation of
the Contractor. The Contractor shall have primary responsibility for providing service-oriented
information and outreach to Customers and implementing on-going recycling promotion, at the
direction of the City.
The Contractor shall maintain a complete list of all Multifamily Complex and Commercial
Customer sites within the City Service Area, and the status of each site’s participation in Contractor-
provided services. The Contractor shall annually contact by mail the manager or owner of each site
to encourage participation and inform the manager or owner of all available services and ways to
decrease Garbage generation. Printed informational materials discussing waste prevention and
recycling service options shall be prepared and distributed to support contact with Multifamily
complex and Commercial Customer sites. This contact shall be coordinated with City and County
promotional efforts. The Contractor shall include with its annual report the list of Multifamily
complex and Commercial Customer sites; Garbage, Recycling and Compostables status; container
sizes, service frequency, and types; Customer contact dates of such contacts; and suggestions for
increasing participation or other program improvements.
21
The Contractor shall keep the public informed of programs and encourage participation through an
Annual Service Update. Each fall, the Contractor shall provide an Annual Service Update for each
service sector, the format, content and timeframe of which shall be subject to prior review and
approval by the City. The Annual Service Update shall be mailed to all Customers and, at a
minimum, shall include an informational brochure indicating rates, all services available,
preparation and other service requirements, contact information, inclement weather and other
policies, a collection calendar and other useful Customer information.
The Contractor shall develop, print, periodically update and maintain sufficient quantities of new
Customer information materials, the format and content of which shall be subject to prior review
and approval by the City. Upon approval, materials shall be mailed to every new Customer prior to
the Customer’s first billing and shall, at a minimum, include a statement of applicable rules and
service policies, rates, services and preparation requirements, collection days in calendar format,
Contractor customer service information and City contact information.
The Contractor shall permit the City to insert, at no charge, single-sheet information bulletins into
Customer bills three times per year. When the insert is beyond one page and increases Contractor
cost, the City shall pay the incremental difference. The City shall work cooperatively with the
Contractor for timely inclusion of such materials.
ARTICLE XI
DEFAULTS
11.1
The failure of Contractor to comply with the material terms of this Contract within ten (10)
days after having received written notice by certified mail, return receipt requested, at his its mailing
address from City, and a thirty (30) day opportunity to cure such defects, shall constitute grounds for
termination of the Contract at the option of the City.
Termination
11.2
As a breach of the service provided by this Contract would cause serious and substantial
damage to City and its residents, and the nature of this Contract would render it impracticable or
extremely difficult to fix the actual damage sustained by City by such breach, it is agreed that in
case of breach of service, City may elect to collect liquidated damages for each such breach and
Contractor shall pay City as liquidated damages and not as penalty, the amount set forth below, such
sums being the amount which City will be damaged by the breach of such services. An election to
seek such remedy shall not be construed as a waiver of any remedies City may have as to any
subsequent breach of services under this Contract.
Liquidated Damages
Missed collection that is not collected within a 24 hour period after being notified..$50.00
A truck making Residential collection prior to 7:00 a. m, or after 6:00 p.m.
22
without city approval per day................................................................................. $50.00
Repetition of Complaints on a route after notification to replace can or
detachable container in designated locations, spilling, not closing gate,
crossing planted areas, or similar violations............................................................ $25.00
Landfilling or burning uncontaminated Recyclable Material without
the express written consent of the Contract Administrator per vehicle
no maximum........................................................................................................... $25.00
Liquidated Damages will be reasonably applied and may be levied only if documented in an
incident report presented by the City to the Contractor. The Contractor shall be notified and
provided a copy of an incident report and shall be given 24 hours to cure the problem (if applicable)
before Liquidated Damages are invoiced to the Contractor, except in the case of incidents for which,
due to the nature of the event, a “cure” is not possible. Such liquidated damages as City shall elect
to collect shall be billed to Contractor and be paid within twenty (20) days. Application of these
damages may be appealed within ten (10) days by Contractor to the Contract Administrator, whose
decision shall be final.
ARTICLE XII
ANNEXATION
12.1
If, during the term of this Contract, additional territory is added to the City through
annexation or other means and the Contractor has an existing WUTC certificate or other franchise
for collection at the time of annexation, the Contractor agrees by accepting this Contract from the
City, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on
the effective date of the annexation. The Contractor shall continue to service the newly annexed
areas under the terms and conditions set forth in this Contract.
Franchise Rights/Annexations
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor
agrees that their certificate applicable to those annexation areas shall be cancelled effective the date
of annexation by the City. The Contractor expressly waives and releases its right to claim any
damages or compensation from the City, its officers, agents, or assigns arising out of the
cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and
further specifically waives the right to receive any additional compensation or any rights of
collection in the newly annexed territory. The term during which the Contractor will service any
future annexation areas shall be ten (10)seven (7) years, notwithstanding the term set forth in
Section 1 of this Agreement.
Comment [SJP5]: RCW 35.13.280 says not less
than seven years.
23
ARTICLE XIII
MISCELLANEOUS
13.1
The failure of any party to enforce any contract provision is not and shall not
Non-Waiver
be construed as a waiver of that provision. The payment or acceptance of compensation subsequent
to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be
in writing.
13.2
Any notices to be sent to the City shall be sent to the Contract Administrator at the following
address:
Notices
Public Works Director
City of Arlington
Public Works Building
238 N Olympic
Arlington, WA
Any notices sent to Waste Management of Washington, Inc shall be sent to:
District Manager
PO Box 12070
Mill Creek, WA 98082
13.3
If any provision of this Contract is held to be void, invalid or unenforceable under any
applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties.
Severability
13.4
This Contract constitutes the entire agreement between City and Contractor, and there are no
promises, conditions, terms, obligations, statements, or guarantees other than those contained
herein. No modifications or amendments shall be valid unless in writing and fully executed by both
parties.
Entire Agreement
13.5
In the event of any action or proceeding to enforce, interpret, construe, or otherwise resolve a
dispute between the parties arising from any term, condition or provision of this Contract, the
prevailing party in such action or proceeding shall be entitled to recover, in addition to all other
relief, from the other party, reasonable attorneys' fees incurred by the prevailing party in connection
with such action or proceeding, including but not limited to any appeal thereof.
Attorneys’ Fees
13.6
Contractor shall give (60) days written notice to the Contract Administrator of any change
which affects the date of collection providing that no change in the terms of this Agreement may be
made unless agreed to in writing by the Contract Administrator.
Change in Rate or Service
24
13.7
This contract may not be assigned or transferred by Contractor, nor shall Contractor
subcontract any part of this Contract, without the prior written consent of the City Council, as
evidenced by a City Resolution and the signature of the Mayor. The City may withhold its consent
to assignment or transfer of this Contract at its sole, subjective discretion. In the event of an
unauthorized assignment or transfer, the City reserves the right to cancel the Contract.
Notwithstanding the foregoing, Contractor may assign this Agreement to another subsidiary or
corporate affiliate of Contractor.
Assignment
13.8
Contractor shall not be deemed to be in default and shall not be liable for failure to perform
under this Agreement if Contractor’s performance is prevented or delayed by Force Majeure. For
purposes of this Agreement, the term Force Majeure shall mean any acts of God including
landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances,
strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public
riots, explosions, or disposal site, governmental restraint or other causes, whether of the kind
enumerated or otherwise, which are not reasonably within the control of the party affected by the
Force Majeure event.
Force Majeure
13.9
This Contract shall be governed by the laws of the State of Washington. Venue for any
action hereunder shall be in SNOHOMISH County Superior Court.
Applicable Law / Venue
13.10
The parties agree and acknowledge that Contractor is an independent Contractor and not an
agent or employee of the City, and that no liability shall attach to the City as a result of the acts or
omissions of Contractor, its employees, agents, or assigns. Contractor shall have no authority to
execute agreements or to make commitments on behalf of the City, and nothing contained in this
Contract shall be deemed to create the relationship of employer and employee or principal and agent
between the City and Contractor.
Independent Contractor
13.11
The parties intend that Contractor shall perform pursuant to the terms of this Contract with
its own employees. However, in the event any incidental subcontractor services are necessary,
Contractor agrees to be responsible for the standards of performance of any subcontractor.
Contractor agrees that no subcontractor shall relieve Contractor of any obligations under this
Contract.
Subcontracting
13.12
Contractor acknowledges that it is responsible for the payment of any local, state, or federal
taxes or fees with respect to Contractor’s agents and employees, and any taxes or licenses applicable
to Contractor’s business activity.
Taxes and Fees
25
13.13
In addition to other terms of this Contract, any or all of the following shall be considered
events of default of this Contract, allowing the City to terminate the Contract if such events are not
cured within 10 days of written notice: a) if Contractor petitions any court to be adjudged a
bankrupt; b) if a petition in bankruptcy is filed in any court against Contractor; c) if Contractor is
adjudged to be insolvent; d) if Contractor is adjudged to be bankrupt; e) if a receiver or other officer
is appointed to take charge of the whole or any part of Contractor’s property or to wind up or
liquidate its affairs; f) if Contractor seeks reorganization under the Federal Bankruptcy Code, as
amended; or g) if Contractor admits in writing its inability to pay its debts as they become due.
Insolvency; Right to Terminate Contract
13.14
The City specifically reserves the right to enact general municipal ordinances and resolutions
affecting all businesses and persons in the City.
Reservation of Municipal Authority
13.15
This Contract shall be binding upon the parties and their successors and assigns.
Successors and Assigns
13.16
Each individual executing this Contract on behalf of a corporation represents and warrants
that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation.
Corporate Authority
13.17
In order to have a administrative mechanism for promptly mediating customer complaints
regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and
the Contractor agree as follows: 1) the Contractor shall first make a good faith effort to resolve a
customer’s complaint; 2) in the event the customer is not satisfied with the Contractor’s resolution,
the complaint shall be forwarded to the Public Works Director who shall resolve the complaint
after discussing the matter with the customer and the Contractor.
Dispute Resolution
Agreed to as of this ________ day of________________________, 2010:
City of Arlington Waste Management of Washington Inc.
26
By: ________________________________ By: _____________________________
Mayor Manager
Attest:
By: _____________________________________
City Clerk
Approved as to form:
_________________________________________
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT L
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Change Gambling Tax reporting requirements
from Quarterly to Monthly
DEPARTMENT OF ORIGIN:
Finance – Contact Jim Chase 403-3422
ATTACHMENTS:
1. Proposed Ordinance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Gambling Taxes
LEGAL REVIEW: City Attorney has reviewed the ordinance
DESCRIPTION:
Currently the AMC reads that Gambling Taxes are due and payable in quarterly installments
on or before the 20th day of the month following the end of the quarterly period in which the
tax accrued.
If the requirement was to pay monthly, (changing the due date to the the 25th of each month to
coincide with the Occupation Tax), the city could realize additional revenues in 2010 and
received a more consistent (monthly) cash flow in the future. The tax received in January each
year is from the months of October – December. Monthly reporting would provide October &
November taxes in 2010 instead of 2011.
The City could possibly realize an additional $10,000 in revenue during 2010.
The Gambling Commission requires each licensee to report activity by the end of each month.
Chapter 3.32.100 of the AMC provides the Finance Director the authority to grant an extension
for 30 days without interest or penalty. Penalties begin after 16 days delinquent. The revised
ordinance removes the extension provision and requires interest and penalties starting the day
after due date.
The revised ordinance also reduces the penalty to 5% per month with a minimum penalty of
$15 and provides interest of 12% per annum, or 1% per month.
HISTORY:
The current requirement is to receive the taxes on a quarterly basis.
This was discussed at the August 23, 2010 Council Workshop.
COMMITTEE REVIEW AND ACTION:
City of Arlington
Council Agenda Bill
ALTERNATIVES:
1. Table for additional review
2. Do nothing and keep receiving funds as they are now being received.
RECOMMENDED ACTION:
I move that the Council accept the proposed Ordinance changing the Gambling Tax reporting
requirements from Quarterly to Monthly.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON
MUNICIPAL CODE CHAPTER 3.16 RELATING TO GAMBLING TAXES
2010-xxx
WHEREAS, The City Council of the City of Arlington, Washington has determined certain
amendments to the regulations governing Gambling Taxes are warranted;
NOW THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain
as follows:
Section 1. Arlington Municipal Code Section Chapter 3.32.060 – Tax payments -
(a)
is hereby amended
to read as follows:
Quarterly payments of The tax imposed by this chapter shall be due and payable monthly in
quarterly installments, and remittance therefore shall be made on or before the twenty-fifth
twentieth day of the month next succeeding the end of the monthly quarterly period in which the
tax accrued. The remittance shall be made by bond draft, certified check, cashier’s check, money
order or in cash and shall be
(b) Annual Return. Whenever the total tax for which any person is liable under this chapter does not
exceed the sum of twenty
accompanied by a return on a form to be provided and prescribed by
the finance director. The taxpayer shall be required to swear or affirm that the information given
on the tax return is full and true and that the taxpayer knows the same to be true.
two dollars for any monthly quarterly
(c)
period, a quarterly or an annual
return may be made upon written request and subject to the approval of the finance director.
Partial Periods. Whenever a taxpayer commences to engage in business during any quarterly
period, his first return and tax shall be based upon and cover the portion of the quarterly period
during which he is engaged in business
(Ord. 672 §7, 1975).
Section 2.
Ord. No. 1478, §9,10, 11-16-2009)
Arlington Municipal Code Section Chapter 3.32.100 – Return—Filing time extension—
Penalties for delinquency.- is hereby amended to read as follows:
If
The finance director for good cause shown may extend the time for making and filing any return as
required under this chapter, and may grant such reasonable additional time within which to file such
returns as he may deem proper; provided, that any extension in excess of thirty days shall be
conditioned upon the payment of one-half of one percent for each thirty days or portion thereof on the
amount of the tax from the date upon which tax becomes due.
the tax return and/or payment of any tax due hereunder is are not received within fifteen days of by
the due date, a penalty must shall be included
(a) If payment is not received by the due date, a penalty of 5% of the tax due shall be charged;
added as follows:
If sixteen to forty-five days delinquent, ten percent of the tax due with a minimum penalty of one
dollar; If received with the month following forty-six to seventy-five days delinquent, fifteen percent
of the tax with a minimum penalty of two dollars; and, if seventy-six or more days delinquent, twenty
percent of the tax with a minimum penalty of three dollars.
(b) An additional penalty of 5% per month for each month thereafter shall be charged until the
delinquent tax is paid.
In no event shall the total penalty be less than fifteen dollars.
In addition to said penalties the department charges the taxpayer interest of twelve percent per annum
or portion thereof (or the maximum allowed by law) on any amount of the tax plus penalty from the
date such tax or penalty becomes due. Penalties and/or interest may be waived in whole or in part
where the department finds the underpayment was a result of circumstances beyond the taxpayer’s
control.
(Ord. 672 §11, 1975)
Section 3. This ordinance shall take full force and effect five days after its approval, passage and
publication as required by law.
(Ord. No. 1478, §14, 11-16-2009)
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 6th
day of
September, 2010.
CITY OF ARLINGTON
Margaret Larson, Mayor
ATTEST:
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #6
ATTACHMENT M
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Change Occupation Taxes reporting
requirements from Quarterly to Monthly
DEPARTMENT OF ORIGIN:
Finance – Contact Jim Chase 403-3422
ATTACHMENTS:
1. Proposed Ordinance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Occupation – (Utility) Taxes
LEGAL REVIEW: City Attorney has reviewed the ordinance
DESCRIPTION:
Currently the AMC reads that Occupation (utility) Taxes are due and payable in quarterly
installments on or before the 30th day of the month following the end of the quarterly period in
which the tax accrued.
Many of the businesses already remit their taxes to the City on a monthly basis. There are
several large companies, however, that do not, choosing to keep the dollars in their own
accounts until due.
If the requirement was to pay monthly, by the 25th of each month the city could realize
additional revenues in 2010 and receive a more consistent cash flow from now on.
The Department of Revenue requires large tax payers to remit taxes by the 25th of each month.
The City could possibly realize an additional $100,000 in revenue during 2010 (receive October
and November taxes by the end of 2010, instead of in January 2011).
The penalty provisions have also be revised to begin charging the penalty the day after the due
date.
HISTORY:
The current requirement is to receive these taxes on a quarterly basis.
This item was reviewed at the August 23, 2010 Council Workshop.
COMMITTEE REVIEW AND ACTION:
City of Arlington
Council Agenda Bill
ALTERNATIVES:
1. Table for additional review
2. Do nothing and keeping receiving funds as they are now being received.
RECOMMENDED ACTION:
I move that the Council adopt the proposed Ordinance to change the Occupation Taxes
reporting requirements from Quarterly to Monthly.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON
MUNICIPAL CODE CHAPTER 3.16 RELATING TO OCCUPATION TAXES
2010-xxx
WHEREAS, The City Council of the City of Arlington, Washington has determined certain
amendments to the regulations governing Occupation Taxes are warranted;
NOW THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain
as follows:
Section 1. Arlington Municipal Code section Chapter 3.16.070 - Due date for tax return and
payment
(a) The tax imposed by this chapter shall be due and payable in monthly
, is hereby amended to read as follows:
quarterly installments and
remittance shall be made on or before the twenty-fifth thirtieth day of the month following the
end of the monthly quarterly period in which the tax accrued. The remittance shall be made as
hereinafter provided and shall be accompanied by a return on a form to be provided by the
finance director. The first payment made hereunder shall be made by November 25th for the
month ending October 31, 2010. To On the return, the taxpayer shall be required to swear or
affirm that the information therein given is true and correct. Whenever the total tax for which any
person is liable under this chapter does not exceed the sum of twenty fifty dollars for any monthly
quarterly
(b)
period, a quarterly or an annual return may be made upon written request and subject to
the approval of the finance director.
In lien of the quarterly payment of the tax herein provided, the taxpayer may, when permission is
obtained from the finance director, pay said tax on a monthly basis.
(c) (b) Whenever a taxpayer commences any business activity during the tax year upon which a tax is
imposed under the provisions of the chapter, the taxpayer’s return and tax are based upon that
portion of the year during which the taxpayer is engaged in business activity.
Section 2.
(Ord. 1265 §5, 2001: Ord. 532 §7, 1966)
Arlington Municipal Code section Chapter 3.16.160 – Extension-Late payment. I
(a)
is hereby
amended to read as follows:
(b) If payment of any tax due hereunder is not received by
The department, for good cause shown, may extend the time for making and filing any return
and/or paying any fee or tax as required under this chapter and may grant such reasonable
additional time within which to file such returns and/or pay any fee of tax as it may deem
appropriate. An extension of time under this section is conditioned upon payment of interest of
twelve percent per annum upon the amount of tax from the date such tax became due and
payable.
the city treasurer on or before the day
upon which the said tax becomes due date, or within any extension granted, there is added a
penalty computed on the amount due shall be added as follows: , unless waived by the division
director of finance:
(1) If payment is not received by the due date, a penalty of 5% of the tax due shall be charged;
Five percent of the total amount due with a minimum penalty of fifteen dollars if payment is
not received on by the first day of the month next succeeding the due date
(2) An additional penalty of 5% per month for each month thereafter shall be charged until the
delinquent tax is paid.
;
(3)
Ten percent of the total amount due with a minimum penalty of twenty
dollars if not received by the last day of the second month next succeeding the due date;
(4)
Twenty percent of the total amount due with a minimum penalty of twenty-five dollars if not
received by the first day of the third month next succeeding the due date;
Fifty percent of the total amount due if the department determines that all or a part of the
deficiency assessed resulted from an intent by the taxpayer to evade the tax;
But
(c) In addition to said penalties the department
but in no event shall the penalty be less than fifteen dollars.
shall charges
Section 3. This ordinance shall take full force and effect five days after its approval, passage and
publication as required by law.
the taxpayer interest of twelve percent
per annum or portion thereof (or the maximum allowed by law) on any amount of the tax plus
penalty from the date such tax or penalty becomes due. Penalties and/or interest may be waived
in whole or in part where the department finds the underpayment was a result of circumstances
beyond the taxpayer’s control.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 6th day of
September, 2010.
CITY OF ARLINGTON
Margaret Larson, Mayor
ATTEST:
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #7
ATTACHMENT N
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Professional Service Agreement for Vic
Ericson
DEPARTMENT OF ORIGIN:
Executive,
Paul Ellis 360-403-4603
ATTACHMENTS:
Professional Service Agreement
EXPENDITURES REQUESTED: $65.00 per hour
BUDGET CATEGORY: Economic Development
LEGAL REVIEW: Yes
DESCRIPTION:
Council is requested to authorize the mayor to sign a Professional Service Agreement with Vic
Ericson to service as a member of the city economic development team. The contract is for one
year at a rate of $65.00 per hour.
HISTORY:
Vic Ericson has been working as a contract employee of the city filling the position of Economic
Development Manager on a year to year agreement since September 2005. This is a part time
position for 75 hours per month and was reduced to 50 hours per month beginning in April
2009. The current is hourly “as needed” agreement expired on August 30th 2010. The economic
development function in the city has been restructured to a team oriented approach
incorporating Executive, Public Works and Developmental Services into the team.
This was discussed at the Council Workshop on August 23, 2010.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
Table to future discussion.
RECOMMENDED ACTION
I recommend approval of the Professional Services Agreement with Vic Ericson.
PROFESSIONAL SERVICES
AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 7th
day of September,
2010 by and between the CITY OF ARLINGTON, a Washington municipal corporation,
hereinafter referred to as the "CITY" and Victor L. Ericson, hereinafter referred to as the
"SERVICE PROVIDER."
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the SERVICE PROVIDER represents that the SERVICE PROVIDER is
qualified and possesses sufficient skills and the necessary capabilities, including technical and
professional expertise, where required, to perform the services and/or tasks set forth in this
Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services
.
The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the
furnishing of all materials and equipment necessary for full performance thereof, as are identified
and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as
detailed herein (Project).
Task 1-Implement the Economic Development Plan.
Task 2- Support revitalization efforts and provide business assistance.
Task 3- Develop and implement business retention and recruitment strategies.
2. Term
.
The Project shall begin on September 1st 2010, and shall be completed no later than August 31st
2011, unless sooner terminated according to the provisions herein.
3. Compensation And Method of Payment
.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved in
writing by the CITY.
PROFESSIONAL SERVICES
AGREEMENT 2
3.2 No payment shall be made for any service rendered by the SERVICE PROVIDER
except for services identified and set forth in this Agreement.
3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this
Agreement as follows: SERVICE PROVIDER shall submit monthly invoices detailing
work performed and expenses for which reimbursement is sought. CITY shall approve all
invoices before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice. The SERVICE PROVIDER shall be paid an hourly rate of
$65.00 per hour for services provided as described in the scope of work subject to
approval of the City Administrator.
4. Reports And Inspections
.
4.1 The SERVICE PROVIDER at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The SERVICE PROVIDER shall at any time during normal business hours and
as often as the CITY or State Auditor may deem necessary, make available for
examination all of its records and data with respect to all matters covered, directly
or indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the SERVICE PROVIDER'S activities. The
CITY may, at its discretion, conduct an audit at its expense, using its own or
outside auditors, of the SERVICE PROVIDER'S activities which relate, directly
or indirectly, to this Agreement.
5. Independent Contractor Relationship
.
5.1 The parties intend that an independent SERVICE PROVIDER/CITY relationship
will be created by this Agreement. The CITY is interested primarily in the results
to be achieved; subject to paragraphs herein, the implementation of services will
lie solely with the discretion of the SERVICE PROVIDER. No agent, employee,
servant or representative of the SERVICE PROVIDER shall be deemed to be an
employee, agent, servant or representative of the CITY for any purpose, and the
employees of the SERVICE PROVIDER are not entitled to any of the benefits the
CITY provides for its employees. The SERVICE PROVIDER will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDER is an independent contractor with the authority to control and direct
the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the CITY and shall be subject to
the CITY'S general rights of inspection and review to secure the satisfactory
completion thereof.
6. Service Provider Employees/agents
The CITY may at its sole discretion require the SERVICE PROVIDER to remove any employee,
agent or servant from employment on this Project. The SERVICE PROVIDER may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification
.
7.1 Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts,
errors or omissions of the Consultant in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
7.2 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
8. Treatment of Assets
.
Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY
shall become the owner of the work product and other documents, if any, prepared by the
SERVICE PROVIDER pursuant to this Agreement.
9. Compliance with Laws
.
10.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply
with all applicable federal, state or local laws and ordinances, including
regulations for licensing, certification and operation of facilities, programs and
accreditation, and licensing of individuals, and any other standards or criteria as
described in this Agreement to assure quality of services.
10.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and
occupation (B & 0) taxes which may be due on account of this Agreement.
10. Nondiscrimination
.
10.1 The CITY is an equal opportunity employer.
10.2 Nondiscrimination in Employment. In the performance of this Agreement, the
SERVICE PROVIDER will not discriminate against any employee or applicant
for employment on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap; provided
that the prohibition against discrimination in employment because of handicap
shall not apply if the particular disability prevents the proper performance of the
particular worker involved. The SERVICE PROVIDER shall ensure that
applicants are employed, and that employees are treated during employment
without discrimination because of their race, creed, color, national origin, sex,
marital status, age or the presence of any sensory, mental or physical handicap.
Such action shall include, but not be limited to: employment, upgrading, demotion
or transfers, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and programs for training including
apprenticeships. The SERVICE PROVIDER shall take such action with respect to
this Agreement as may be required to ensure full compliance with local, state and
federal laws prohibiting discrimination in employment.
10.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate
against any recipient of any services or benefits provided for in this Agreement on
the grounds of race, creed, color, national origin, sex, marital status, age or the
presence of any sensory, mental or physical handicap.
10.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The SERVICE PROVIDER shall take such action as may be
required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
11. Assignment/subcontracting
.
11.1 The SERVICE PROVIDER shall not assign its performance under this
Agreement or any portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
SERVICE PROVIDER not less than thirty (30) days prior to the date of any
proposed assignment. The CITY reserves the right to reject without cause any
such assignment.
11.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
11.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
12. Changes
.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
13. Maintenance and Inspection of Records
.
13.1 The SERVICE PROVIDER shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable times
to inspection, review, or audit, by the CITY, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this
Agreement.
13.2 The SERVICE PROVIDER shall retain all books, records, documents and other
material relevant to this agreement, for six (6) years after its expiration. The
SERVICE PROVIDER agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
14. Other Provisions
.
If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate
an appropriate amendment. If after thirty (30) days of negotiation, agreement can not be reached,
this Agreement may be terminated by the City no sooner than sixty (60) days thereafter.
15. Termination
.
15.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least five (5) days written notice to the SERVICE
PROVIDER.
15.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the
manner called for in this Agreement, or if the SERVICE PROVIDER fails to
comply with any other provisions of the Agreement and fails to correct such
noncompliance within five (5) days written notice thereof, the CITY may
terminate this Agreement for cause. Termination shall be effected by serving a
notice of termination on the SERVICE PROVIDER setting forth the manner in
which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will
only be paid for services performed in accordance with the manner of
performance set forth in this Agreement.
16. Notice
.
Notice provided for in this Agreement shall be sent by certified mail to the addresses designated
for the parties on the last page of this Agreement.
17. Attorneys Fees and Costs
.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
18. Jurisdiction and Venue
.
18.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both as
to interpretation and performance.
18.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
19. Severability
.
19.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
19.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
20. Entire Agreement
.
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: SERVICE PROVIDER:
CITY OF ARLINGTON Victor L. Ericson
____________________________________
Margaret Larson, Mayor Victor L. Ericson, Sole Proprietor
Attest: Date:_______________________________
Kristin Banfield, City Clerk
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #8
ATTACHMENT O
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Update to the City Council Rules of Procedure
for the terms of Mayor Pro Tem and Alternate
Mayor Pro Tem
DEPARTMENT OF ORIGIN:
Executive / Legal
ATTACHMENTS:
- Clean copy of Updated Council Rules of Procedure (revised 8/31/10)
- Updated Council Rules of Procedure with proposed strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney wrote the proposed language
DESCRIPTION:
The Council reviewed this item at the August 9, 2010 workshop and requested it be placed on
the August 23, 2010 workshop for further discussion.
The City Council requested that new language be included in the Council Rules of Procedure to
outline the terms and selection process of the Mayor Pro Tem and Alternate Mayor Pro Tem.
In addition, staff has made some minor textual amendments to the rules.
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 MOTION:
I move Council adopt the updated Council Rules of Procedure as presented.
March 9, 2009August 31, 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 Council members 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.
1.3 Attendance, Excused Absences: RCW 35A. 12.060 provides that a Council member
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
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
March 9, 2009August 31, 2010
Page 2
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
session. The announced time limit for executive sessions may be extended to a stated
later time by the announcement of the Chair.
March 9, 2009August 31, 2010
Page 3
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
CouncilmemberCouncil member 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
(3) Visitors
(4) Presentations/Proclamations/Communications
March 9, 2009August 31, 2010
Page 4
(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 Council member 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 CouncilmemberCouncil member Comments and Concerns: The
agenda shall provide a time when the Mayor ("Mayor's Reports") or any
CouncilmemberCouncil member ("Comments From Council members") 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
CouncilmemberCouncil member, 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 himselfhim or herself prior to any discussion of the matter and
March 9, 2009August 31, 2010
Page 5
shall 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 CouncilmemberCouncil member 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 CouncilmemberCouncil member has a conflict of interest or
Appearance of Fairness Doctrine concern which could prohibit the
CouncilmemberCouncil member from participating in the public hearing process. A
CouncilmemberCouncil member 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
CouncilmemberCouncil member who has stepped down shall not participate in the
Council decision nor vote on the matter. The CouncilmemberCouncil member shall leave
the Council Chambers while the matter is under consideration, provided, however, that
nothing herein shall be interpreted to prohibit a CouncilmemberCouncil member from
stepping down in order to participate in a hearing in which the CouncilmemberCouncil
member has a direct financial or other personal interest
March 9, 2009August 31, 2010
Page 6
6.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public
hearing and announces the following Rules of Order:
(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 CouncilmemberCouncil member has
questions to ask the proponents, opponents, speakers or staff. If any
CouncilmemberCouncil member 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, CouncilmemberCouncil member 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.
March 9, 2009August 31, 2010
Page 7
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
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 Council members, 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 Council members. 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.
March 9, 2009August 31, 2010
Page 8
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.
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 CouncilmemberCouncil member.
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 CouncilmemberCouncil member during the interview process. The Council
members 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 CouncilmemberCouncil member: 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
CouncilmemberCouncil members 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.
March 9, 2009August 31, 2010
Page 9
• 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
CouncilmemberCouncil member who has served the longest in office.
The Alternate Mayor Pro Tem will be the Council member that most recently served as
Mayor Pro Tem.
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:
New Business #9
ATTACHMENT P
COUNCIL MEETING DATE:
September 7, 2010
SUBJECT:
Authorization for the Mayor to sign an
Employment Contract with Nelson Beazley to
serve as Police Chief
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, 360-403-3441
Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Employment Contract with N. Beazley
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the Employment
Agreement
DESCRIPTION:
City Council is requested to authorize the Mayor to execute the attached employment
agreement with Nelson Beazley to serve as the City’s Police Chief, effective September 20, 2010.
HISTORY:
ALTERNATIVES:
Do not authorize the Mayor to sign the Employment Agreement
RECOMMENDED MOTION:
I move Council authorize the Mayor to sign an Employment Agreement with Nelson Beazley to
serve as the City’s Police Chief.
1
N Beazley Employment Contract
August 25, 2010
CITY OF ARLINGTON
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “Agreement”), is made and entered
into this _______ day of September, 2010, by and between NELSON R. BEAZLEY
(“Employee”) and the CITY OF ARLINGTON (“Employer”). In consideration of the
mutual covenants herein contained, Employee and Employer acknowledge and agree as
follows:
I. Employment and Term of Employment.
Effective as of the date
hereof Employee shall faithfully and competently and to the best of his abilities, serve
Employer as Police Chief, subject to the general supervision and direction of the Mayor
and the City Administrator, and he shall devote his working time to the duties and
responsibilities as set forth in Arlington Municipal Code Chapter 2.32.
II. Compensation; Base Salary; Adjustment to Base Salary.
As
compensation of Employee’s services under this Agreement, Employer shall pay and
Employee shall accept a base salary, before all customary payroll deductions, of
$121,944 annually (paid in equal monthly installments) for each year of this Agreement
(Salary Range B-64). Any additional compensation will follow all policies as set out in
the Employer’s Employment Policies and Procedures.
III. Benefits.
During the term of the Employee’s employment pursuant to
this Agreement, Employer shall provide Employee with employment benefits of such
kind and nature as are offered to all City management employees and described in
Employer’s Employment Policies and Procedures, as the same now exists or may from
time to time hereafter be amended. Employer shall provide Employee with the
following benefits:
a. Vacation and Holidays
. Employee shall accrue vacation hours at a
rate of 13.33 hours per month during the term of this Agreement (20 days per year).
Employee shall receive a credit of one hundred twenty (120) hours of accumulated
vacation at the commencement of this agreement. The maximum vacation balance of
240 hours may be carried over from year to year, as described in the Employer’s
Employment Policies and Procedures. Employee shall be authorized holiday leave as
provided to other full-time non-represented employees through the Employer’s
Employment Policies and Procedures.
b. Sick Leave. Employee shall accrue sick leave at the rate of eight
(8) hours per calendar month of employment as provided in the Employer’s
Employment Policies and Procedures; provided, however, that Employee shall receive a
credit of forty (40) hours sick leave at the commencement of this Agreement.
2
N Beazley Employment Contract
August 25, 2010
c. Insurance Benefits.
Employer shall provide Employee with
insurance benefits consistent with those provided to all other management employees
and pursuant to the Employer’s Employment Policies and Procedures.
d. Retirement.
Employer shall make reasonable and customary
contributions on the Employee’s behalf to the Law Enforcement Officers’ and Fire
Fighters’ Retirement System (LEOFF) Plan 2.
e. Professional Memberships.
Employer shall pay the professional
dues and subscriptions necessary for Employee’s continued participation in national,
regional, state, and local professional associations and organizations necessary and
desirable for his continued professional growth and advancement, and for the good of
Employer. Expenses incurred shall be subject to limitations established by the
Employer’s annual budget.
e. Professional Conferences.
Employer shall pay the conference
tuition, travel, food, lodging and incidental expenses of Employee for professional and
official travel, meetings and occasions relating to Employer business as approved
according to Employer’s policies. Expenses incurred shall be subject to limitations
established by the Employer’s annual budget.
f. Civic organizations.
Employer shall pay the annual dues and
expenses of Employee for membership in such area civic organizations as Employee
may choose to join. Expenses incurred shall be subject to limitations established by the
Employer’s annual budget.
g. Equipment.
Employee shall be issued a police department vehicle
for his use in performing his duties under the term of this Agreement, including,
without limitation, a take-home car. Employee shall also be issued all necessary and
required personal protective equipment for performance of his duties under the terms
of this Agreement.
IV. Termination of Employment.
Employee’s employment may be
terminated before the expiration of the term of this Agreement only as follows:
a. Employee’s employment pursuant to this Agreement shall
terminate automatically upon the death of the Employee. Promptly thereafter,
Employer shall pay the Employee’s estate Employee’s base salary at the then current
rate through the date of death, plus a lump sum cash payment in an amount equal to
Employee’s accrued but unused vacation time and one-third of his accrued sick leave,
up to a maximum of 240 hours, all as provided in the Employer’s Employment Policies
and Procedures.
3
N Beazley Employment Contract
August 25, 2010
b. Employee may terminate his employment pursuant to this
Agreement upon no less than thirty (30) days prior written notice to the Employer,
which notice requirement may be waived in whole or in part by the Mayor with the
consent of the Council in their sole discretion. Promptly following the effective date of
Employee’s termination of his employment pursuant to this section Employer shall pay
to Employee his base salary through the effective date of termination, at the then
current rate, plus a lump sum cash payment in an amount equal to Employee’s accrued
unused vacation time and one-third of his accrued sick leave, up to a maximum of 240
hours combined, all as provided in the Employer’s Employment Policies and
Procedures.
c. Employee’s employment pursuant to his Agreement may be
terminated at any time in the sole and exclusive discretion of Employer for any reason
or for no reason. Such termination shall only become effective upon thirty (30) days
notice given to Employee, and the following provisions:
1. If such termination is not for cause, as that term is defined
herein, then Employee shall receive his base salary to the effective date of his
termination, plus a lump sum cash payment in an amount equal to the sum of
Employee’s accrued, unused vacation time and one-third of unused sick leave, up to a
maximum of 240 hours, all as provided in Employer’s Employment Policies and
Procedures. Employee shall further receive severance pay in the amount of four months
of the Employee’s salary. All severance pay shall be paid monthly unless otherwise
agreed by both parties and is subject to usual and customary withholding.
2. If such termination is for cause, as that term is defined
herein, the Employer shall within thirty (30) days after the effective date of termination
of Employee’s employment pursuant to this subsection, pay to Employee his base salary
through the date of termination, plus lump sum cash payment in an amount equivalent
to his accrued but unused vacation time. “Cause” shall be limited to the following:
i. Material breach of this Agreement or misconduct by
Employee. A determination of “cause” as described in this section
shall be within the province of the Employer; provided, however,
unless and until Employee has been given written notice from the
Mayor of the particular breach, duties, instructions, policies or
directives he has failed to follow, or the particular respect in which
his conduct has been found wanting or unacceptable and given a
reasonable opportunity to correct his actions (if correctable),
Employee may not be terminated for cause. Cause shall not be
constituted by the Employee’s failure or refusal to carry out,
implement, or adhere to unlawful policies, directives, duties, or
4
N Beazley Employment Contract
August 25, 2010
instructions which are not reasonably capable of being performed
generally, or specifically by him.
ii. Unreasonable neglect or refusal to perform the duties and
responsibilities assigned to Employee, or failure to provide an
acceptable quality of professional service. “Acceptable quality of
professional service” means a quality that would be generally
acceptable in the law enforcement community in a Washington city
of size comparable to Arlington. Further, performance conforming
to the standards for certification of a law enforcement agency shall
be presumed to be “acceptable”. Unless and until Employee has
been given written notice from the Mayor of the particular breach,
duties, instructions, policies or directives he has failed to follow, or
the particular respect in which his conduct has been found wanting
or unacceptable and given a reasonable opportunity to correct his
actions (if correctable), Employee may not be terminated for cause. .
Cause shall not be constituted by the Employee’s failure or refusal
to carry out, implement, or adhere to unlawful policies, directives,
duties, or instructions which are not reasonably capable of being
performed generally, or specifically by him.
iii. An arrest for a criminal offense, the filing of a complaint,
information or indictment alleging a crime, or a conviction of any
crime. “Arrest” does not include a mere Terry stop, traffic stop,
field identification and release, or being held in an alleged domestic
violence incident if the incident is dismissed by a court within 10
days.
Cause as defined in subparagraph 2(iii) shall be grounds for
immediate termination and Employee shall not be entitled to
notice.
d. Immediately upon the effective date of termination of employee,
Employee shall cease to perform any activities on behalf of, and will cease to hold
himself out as representing Employer, and will forfeit and return all Employer issued
equipment and other Employer owned property assigned to, or in the possession of the
Employee.
V.
a. Performance Evaluations. The City Administrator shall conduct a
performance review, at least annually, and not later than September 30 of any year.
Provisions of General Applicability
5
N Beazley Employment Contract
August 25, 2010
b. Amendment. No amendment or modification of this Agreement
shall become effective unless authorized by the City Council and made in writing and
signed by both Employer and Employee.
c. Integration. Except for documents expressly referred to within
this contract, which are hereby incorporated by reference as though fully set forth
herein, this document expresses the complete agreement between Employer and
Employee, and they have not entered into any other agreements, either oral or written.
d. Severability. To the extent any provision of this Agreement shall be
found invalid or unenforceable, it shall be considered deleted here from, and the
remainder of such provision and of this Agreement shall be unaffected and shall
continue in full force and effect.
e. Notice. All notices required or permitted to the given
hereunder shall be in writing and shall be given to the parties addressed as follows:
To Employee: Nelson R. Beazley
_________________________
_________________________
To Employer: Mayor Margaret Larson
238 N. Olympic Avenue
Arlington, WA 98223
Or at such other address as a party may be noticed direct. Notices shall be deemed
given only upon personal service on the party or upon confirmation of receipt by US
Mail, certified mail, return receipt requested.
CITY OF ARLINGTON Employee
____________________________ ______________________________
Margaret Larson, Mayor Nelson R. Beazley
6
N Beazley Employment Contract
August 25, 2010
Approved as to form:
____________________________
Steven J. Peiffle
City Attorney