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HomeMy WebLinkAbout05-03-10 Council Meeting Arlington City Council May 3, 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 INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the April 19, 2010 meeting ATTACHMENT A 2. Accounts Payable 3. Airport Commission appointment ATTACHMENT B PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS 1. 67th Supplemental Prospectus for obligation of additional grant funds ATTACHMENT C 2. 188th Trail Project Closeout ATTACHMENT D 3. IMCO Change Order No. 5 ATTACHMENT E 4. Kennedy Jenks CM Change order ATTACHMENT F 5. RH2 Change Order ATTACHMENT G 6. Skagit Valley Animal Shelter Agreement ATTACHMENT H DISCUSSION ITEMS INFORMATION MAYOR’S REPORT ADMINISTRATOR & STAFF REPORTS COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION 1. Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] 2. To review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)] RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third April 19, 2010 City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Robert Sullenberger, Police Officer Rory Bolter, Jim Kelly, Julie Good, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: State Representative Kirk Pearson, Kari. Ilonummi, Chris Jones, Kurt Hecla, Mr. and Mrs. Marion Taylor, Kay Duskin, and Adam Rudnick – Arlington Times Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS With the use of a power point presentation Ms. Spain gave an informational 2009 report on the Snohomish County Tourism Bureau, nearly a billion dollar industry. She then answered Council questions. Amy Spain - Snohomish County Tourism Bureau Chris Jones, representing CJ’s Mobile Wash and Wax and http//www.freedomofpugetsound.com, gave a description of his product with the advantages of its use. There were positive comments from the Council regarding the ‘green’ nature of the product. PUBLIC COMMENT Kay Duskin spoke in support of and gave an update on Arlington’s Relay for Live Representative Kirk Pearson introduced himself and briefly addressed the declining economy thus the declining dollars for the area. Troy Burgess, employee of Waste Management, asked that folks call Waste Management urging them to continue with contract negotiations. Steve Baker moved and Chris Raezer 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 April 5 and 12, 2010 meetings 2. Accounts Payable Claims Checks #60188 through #60353 in the amount of $2,515,600.10 3. Arbor Day Proclamation 4. Relay for Life Proclamation 5. Prothman Contract for Fire Chief Search Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT April 19, 2010 Page 2 of 3 There was no Public Hearing PUBLIC HEARING There was no Unfinished Business. UNFINISHED BUSINESS NEW BUSINESS Police Chief Robert Sullenberger gave a brief background of the Task Force. Renewal of the Interlocal Agreement with Snohomish Regional Drug Task Force Sally Lien moved to authorize the Mayor to sign the Interlocal Agreement with the Snohomish Regional Drug Task Force. Dick Butner seconded the motion which passed with a unanimous vote. DISCUSSION ITEMS Public Works Director Jim Kelly spoke on the continuation of the Centennial Trail. A big obstacles is that the trail crosses railroad tracks. Mr. Kelly will make a presentation to the Kona Crest Homeowners on Monday and report back to the Council. He then answered Council questions. 67th Trail Alignment Discussion – Discussion only Mr. Kelly noted that WSDOT is a certifying agency in the 67th Phase III. This item will be considered at the next Council meeting. 67th Supplemental Prospectus for Obligation of Additional Grant funds Mr. Kelly briefly spoke to the acceptance of the project. This Project will be addressed at the next Council meeting. 188th Trail Project Closeout Mr. Kelly noted that with this change order the project cost would still be less than the original bid amount. He then answered Council questions. This will be addressed at the next meeting. IMCO Change Order No. 5 Mr. Kelly gave a brief history of the contract cost and then discussed some of the reasons for the change order. Rejection of the change order would result in the elimination the on-site construction manager. This will be addressed at the next meeting. Kennedy Jenks CM Change Order Mr. Kelly addressed the RH2 Engineering Contract Amendment. He then answered Council questions, giving a history of Arlington’s water system. This will be considered at the next meeting. RH2Change Order Assistant City Administrator Kristin Banfield noted that changes have been made to this Streets and Sidewalks portion of the Arlington Municipal Code. She also noted the newly completed schedule of Arlington Municipal Code changes. City Attorney Steve Peiffle and Mr. Banfield answered Council questions throughout the presentation. This is projected to return to the Council at the May 10 workshop and again for action on May 17. Title 12 Discussion on Proposed Update Ms. Banfield noted .that 04 and .08 of Title 13, Water and Sewer, have been completely rewritten. She then addressed other portions of Title 13, stating that .28 has also been completely rewritten. Title 13 will be addressed at the May 10 workshop for further discussion and again at the May 17 Council meeting for consideration. She noted that 13.26 will have new language and will be presented in the future. There was lengthy discussion about one vs. two ordinances, which the Council will determine by the May 3 Council meeting. Title 13 Discussion on Proposed Update Minutes of the City of Arlington City Council Meeting DRAFT April 19, 2010 Page 3 of 3 INFORMATION With the use of an overhead presentation Police Chief Sullenberger gave an update on concerns with the high cost of housing animals in the Everett Animal Shelter. Chief Sullenberger also discussed the use of neighborhood kennels and/or Skagit Valley Animal Shelter and stated that he is now waiting to review a contract from the Skagit Valley Animal Shelter. Chief Sullenberger answered Council questions throughout his presentation. A lengthy discussion followed. Everett Animal Shelter Considering the Increasing Costs & Contractual Violations for the Everett Animal Shelter With the use of a power point presentation Finance Director Jim Chase reviewed financial data from the 2010 First Quarter Financial Report. Throughout the presentation Mr. Chase answered Council questions. First Quarter 2010 Finance Report Attorney Peiffle gave an update on the police negotiations. Mr. Johnson noted the Centennial Trail progress, also stated that the work session held tonight would eliminate next week’s Council workshop. ADMINISTRATOR & STAFF REPORTS Mayor Larson noted meetings she had recently attended. MAYOR’S REPORT Dick Butner, Sally Lien, Scott Solla, Chris Raezer, and Linda Byrnes and gave brief reports while Marilyn Oertle and Steve Baker had nothing to report at this time. CITY COUNCIL COMMITTEE REPORTS With no further business to come before the Council, the meeting was adjourned at 9:36PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: Consent Agenda #3 ATTACHMENT B COUNCIL MEETING DATE: May 3, 2010 SUBJECT: Appointment of John Swizer to Airport Commission DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: -Memo from Interview Panel -Application from John Swizer EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: During the week of April 12th, interviews were held to fill the vacant seat on the Airport Commission. The interview panel was comprised of members of the Airport Commission, Councilmembers Byrnes and Raezer, Allen Johnson and Rob Putnam. Five candidates were interviewed (a sixth candidate was unavailable for the interview). At the conclusion of the interview process, the panel unanimously recommended the appointment of Mr. John Swizer to fill the current vacancy. Mr. Swizer has over 50 years of experience in aviation, including experiences managing airports, acquiring land, administering and managing grants, and economic development. He was a founding member of the Association of California Airports and is an Executive Emeritus of the Southwest Chapter of the American Association of Airport Executives. Mr. Swizer has a true passion and dedication to serve the City of Arlington on the Airport Commission. HISTORY: The City Council is charged with making appointments to the Airport Commission. ALTERNATIVES: RECOMMENDED MOTION: I move Council appoint Mr. John Swizer to the vacant seat on the Airport Commission. To: Councilmember Steve Baker Councilmember Chris Raezer Councilmember Scott Solla Councilmember Sally Lien Councilmember Marilyn Oertle Councilmember Dick Butner Councilmember Linda Byrnes Interviews for the open position on the Arlington Airport Commission were held the week of April 12th. Following the interviews one candidate stood out as exceptionally qualified for the position. John Swizer has over 50 years experience in aviation, including Airport Management. He has been involved in land acquisitions, grant administration and economic development for Airports in California. John was a founding member and six year treasurer for the ACE (Association of California Airports) and is an Executive Emeritus of the Southwest Chapter of American Association of Airport Executives. John has real life experience with airports both smaller and larger than Arlington and demonstrated his knowledge of where future challenges and opportunities reside for Aviation and Airport development. We feel he would be an asset to the Arlington Airport, especially as the west-side business park development moves forward. In addition to his breadth of experience that would benefit the Airport, his passion and dedication to serve were evident. A fresh perspective would be welcomed and appreciated by the Commission. We recommend that you appoint John Swizer to the open position on the Arlington Airport Commission. His knowledge and experience will benefit the airport, the city and our community for years to come. Sincerely, Arlington Airport Commission Cc Mayor Larson Allen Johnson City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT C COUNCIL MEETING DATE: May 3, 2010 SUBJECT: 67th Phase III – Local Agency Supplement Agreement DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: • Local Agency Supplement Agreement -Final EXPENDITURES REQUESTED: $102,874.00 BUDGET CATEGORY: Transportation Improvement via Transfer from Growth Fund – Transportation Mitigation LEGAL REVIEW: N/A DESCRIPTION: Council is requested to approve Supplement Number 1 to the Local Agency Agreement for signature by the Mayor as required by WSDOT to obligate additional grant funding for the 67th Phase III project in the amount of $627,120.00. HISTORY: The City of Arlington has obtained $1.9 million in federal grant funding for the 67th Phase III project. Previously the Council authorized the Mayor to sign a Local Agency Agreement obligating $269,716.00 of grant funding. Since that time additional grant funding has been secured. The Supplement to the original LAG agreement allows the City to obligate additional funding for the project, but only for work that we currently have in process. The attached document is in final form and has been reviewed by WSDOT Local Programs. ALTERNATIVES: • Remand to staff for additional information • Table pending additional discussion RECOMMENDED ACTION: Motion to approve and authorize the Mayor to sign Supplement Number 1 to the WSDOT Local Agency Agreement obligating a total of $627,120.00 in grant funding for the 67th Ave NE Phase III reconstruction project. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT D COUNCIL MEETING DATE: May 3, 2010 SUBJECT: 188th Street Trail Construction Acceptance Letter DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: • Construction Acceptance Letter • Payment Application #5 - Final EXPENDITURES REQUESTED: Engineer’s Estimate $125,000.00 Bid results - $104, 104.35 Final Project Accounting - $106,550.65 BUDGET CATEGORY: ARRA Grant Funding LEGAL REVIEW: Pending Review by City Attorney DESCRIPTION: AERO Construction has completed the 188th Street Trail project, attached are copies of final acceptance paperwork. HISTORY: On July 30, 2009 AERO Construction of Snohomish successfully competed with nine other Contractors for the award of the 188th Street Trail Project with a bid in the amount of $104,104.35. This project was originally funded with a $122,000.00 ARRA Grant and Traffic Mitigation. The project consisted of the installation of approximately 2500 linear feet of 10 foot wide porous asphalt trail along 188th Street NE, extruded curb, bio- infiltration facilities, surface restoration, and landscaping along the trail. The project has been completed to the terms of the contract and to the satisfaction of the City. ALTERNATIVES: • Remand to staff for additional information • Table pending further discussion RECOMMENDED ACTION: Motion to approve and authorize the Mayor to sign the Construction Acceptance Letter for the 188th Street Trail Project, pending final review by the City Attorney. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT E COUNCIL MEETING DATE: May 3, 2010 SUBJECT: IMCO General Contractors – Change Order No. 5 DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: • Change Order No. 5 to the IMCO WWTP Contract EXPENDITURES REQUESTED: $2,459.75 BUDGET CATEGORY: WWTP Project (Fund 408) LEGAL REVIEW: Pending Review by City Attorney DESCRIPTION: Change Order No. 5 to the IMCO WWTP Upgrade and Expansion construction contract. HISTORY: This change order is for 22 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. 5, the revised contract amount is as follows: Current Contract Amount $ 29,210, 657.11 Previous Net Change Orders $ (188,287.81) Net Change This Order $2,459.75 Estimated Contract Total After Change $ 29,024,829.05 ALTERNATIVES: • Do not approve the change order, renegotiate work. RECOMMENDED ACTION: Motion to approve and authorize the Mayor to sign Change Order No. 5 to the IMCO General Constriction, Inc. contract for construction of the Wastewater Treatment Plant Upgrade and Expansion project, pending final review by the City Attorney. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT F COUNCIL MEETING DATE: May 3, 2010 SUBJECT: Kennedy/Jenks Consultants Construction Management Contract Amendment #6 DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: • Contract Amendment #6 to Kennedy/Jenks CM Contract EXPENDITURES REQUESTED: $106,000.00 BUDGET CATEGORY: WWTP Project (Fund 408) LEGAL REVIEW: Pending review by City Attorney DESCRIPTION This is a change order to the K-J WWTP Construction Management contract for additional costs not included in their original estimate, a summary of the total contract change is as follows:: Original Contract Amount $ 1,519,665.00 Charge Orders No. 1-5 (Owner Requested) $ 30,080.00 Change Order #6 (Consultant Requested) $ 106,000.00 TOTAL $ 1,645,745.00 HISTORY: Task items as outlined in KJ’s original cost estimate for Construction Management services have been exceeded and additional funding is requested to complete the project. Additional work is summarized below: - Submittals/Resubmittals: Budgeted for 300 submittals/resubmittals, currently at 491. Contractor did not group or package submittals of similar products and equipment. In addition, the number of resubmittals was excessive mainly due to suppliers incomplete data. - MBR Submittal Review: This task was not included in the original estimate; there was the original submittal of 1,000 pages and two resubmittals – total time exceeded 200 hours. - Request for Information (RFI): There have been more RFI’s then budgeted; the estimate was for 75 and we are at 116. ALTERNATIVES: - Do not approve Contract Amendment # 6 and eliminate on-site construction manager - Table for further discussion. RECOMMENDED ACTION: Motion to approve and authorize the mayor to sign Contract Amendment #6 to the Kennedy/Jenks Construction Management Contract. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #5 ATTACHMENT G COUNCIL MEETING DATE: May 3, 2010 SUBJECT: RH2 Water Comprehensive Plan Update contract, Change Order #4 DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: • RH2 Professional Services Agreement Amendment #4 (draft) EXPENDITURES REQUESTED: $27,600.00 BUDGET CATEGORY: Water Capital Improvement Fund 2010 LEGAL REVIEW: Pending Review by City Attorney DESCRIPTION: Contract amendment for additional services to the RH2 scope of work for the Water Comprehensive Plan. HISTORY: The City entered into a Professional Services Agreement with RH2 to prepare the City’s Sewer Comprehensive Plan. After completion of the Sewer Comprehensive Plan, the City issued Contract Amendment #3 to RH2 which authorized them to update the City’s Water Comprehensive Plan. During the course of preparing the Water Comprehensive Plan, RH2 provided additional services to the City that included: • Represent the City at DOE meeting in which the City petitioned DOE for validation of its Puget Sound Power and Light (PSPL) water right • Perform data retrieval from the Water Department’s SCADA system • Perform additional water system modeling and planning Assistance ALTERNATIVES: 1. Do not approve the amendment, table for further discussion. RECOMMENDED ACTION: Motion to approve and authorize the Mayor to sign Amendment #4 to the RH2 Professional Service Agreement increasing the contract amount by $27,600.00, pending final review by City Attorney. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT H COUNCIL MEETING DATE: May 3, 2010 SUBJECT: Contractual Agreement to care, detain or destroy City of Arlington stray animals DEPARTMENT OF ORIGIN: Police Robert Sullenberger, 360-403-3400 ATTACHMENTS: Skagit Valley Animal Contract EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Police – Animal Contract LEGAL REVIEW: Pending DESCRIPTION: A contractual agreement between the City of Arlington and the Humane Society of Skagit Valley to receive all City of Arlington stray animals delivered to them by City of Arlington employees or citizens of Arlington. This contract will supersede the current contract with the Everett Animal Shelter. HISTORY: Since 2006 the City of Arlington has had a contractual relationship with the Everett Animal Shelter to house all stray animals recovered within the City of Arlington. Over the past two years, the costs associated with the Everett Animal Shelter have increased 69%; $97 - $164. Additionally, Everett Animal Shelter refuses to abide by the contract and requires the City of Arlington to fund any animal surrendered to the Everett Animal Shelter by their respective owner. The Humane Society of Skagit Valley is offering the same service at a reduced price of $95 per animal and will not charge the City for any owner surrendered animal. ALTERNATIVES: Remain in a modified contractual relationship with the Everett Animal Shelter. RECOMMENDED ACTION: “I move that the mayor be authorized to sign the Contractual Agreement with the Humane Society of Skagit Valley to provide for the care, detention and destruction of stray animals.” 1 CONTRACT This is a non-exclusive contract entered into between the City of Arlington, hereinafter referred to as “City” and the Humane Society of Skagit Valley, hereinafter referred to as “Contractor.” WITNESSETH: The City is a municipal corporation which, in the exercise of its power and to insure the health and welfare of its citizens, must, to the best of its ability, provide for the care, detention, and/or destruction of stray animals; and the Contractor maintains and operates facilities suitable for said purpose; and both parties are interested in entering into an agreement relative thereto. IT IS HEREBY AGREED BY AND BETWEEN THE RESPECTIVE PARTIES AS FOLLOWS: 1. SERVICES: Contractor will provide kennels for animals on a seven day per week basis for care and feeding of all animals brought in by City representatives or City of Arlington residents, other than owner releases, to the Contractor located at 18841 Kelleher Road, Burlington, Washington for impounding. Impounding will occur during regular business hours. After regular business hours animals will be temporarily held by City until a transfer can be made after 8:00 a.m. Contractor agrees to maintain clean, sanitary, and adequate kennels for all impounded animals and further, to treat all owners thereof who may appear at said Contractor’s place of business in a courteous manner in compliance with the ordinances of the City. City will keep a current list of all licenses of animals registered in the City, which shall be available to Contractor during regular business hours. 2. NON-EXCLUSIVITY: Nothing in the agreement shall prevent Contractor from providing any service to any other person. Nothing in the Agreement shall prevent City from obtaining all or any part of the services from its own employees and facilities or from providers other than Contractor. 3. CONTRACT TERMS: This contract shall be for the period commencing May 10, 2010 through May 10, 2011. 4. INABILITY TO PAY: City reserves the right to temporarily suspend the performance of this contract when real or projected budget shortfalls create an inability to pay for animals transferred by City of Arlington residents. City will provide 45 days notice in writing of the contract suspension. Suspension of performance of the contract under this section shall not be considered anticipatory repudiation of this agreement nor will it increase the term of the contract. This section shall not affect the agreement as it relates to services provided by Contractor for animals transferred by City representatives. 2 5. CONSIDERATION: In consideration for the services and facilities provided by Contractor, City will pay charges for each animal transferred to Contractor according to the following schedule: • Live dog transferred to Contractor by City representatives - $95. • Live cat transferred to Contractor by City representatives - $75. • Live cat and her litter of kittens less than 4 weeks of age by City representative - $80. • Deceased dog or cat transferred to Contractor by City representative - $35. • Live dog transferred to Contractor by City of Arlington resident - $95. • Live cat transferred by City of Arlington resident - $75. • Live cat and her litter of kittens under 4 weeks of age by City of Arlington resident - $80. • Live small livestock transferred to Contractor by City representative - $55.00 – Limited space is available for small livestock – must have prior approval from HSSV before impounded here. • Live poultry, rabbits, rodent family, domestic birds and reptile transferred to the Contractor by City representative - $25.00 – Limited space available – must have prior approval from HSSV before impounded here • Arlington dog or cat that is adopted in an unaltered condition – No fee. Except that: It is determined that the dog or cat cannot be altered until a later date, based upon staff Veterinary guidelines. In the event of the determination, the animal will be scheduled for an alter appointment with the Contractor’s veterinarian at the time of the adoption. If City discovers that the adopting party has not kept the alter appointment, no fee will be charged to the City. • City will not be credited for unaltered dogs or cats released directly to a rescue service that has a policy and practice of altering all animals. 6. VERIFICATION OF ADDRESS: Contractor shall require proof of City residency from any person transferring a dog or cat to their care. Contractor shall verify with City that stated addresses are within the City’s jurisdictional limits. 7. DANGEROUS OR POTENTIALLY DANGEROUS DOG: Contractor agrees to provide adequate facilities to safely and securely hold dangerous or potentially dangerous dogs, impounded by City. City representative shall complete a written request for quarantine provided by the Contractor to specify holding time and requirements. • City will pay an additional charge of $15 per day, after the initial seventy-two (72) hour period for dangerous and potentially dangerous dogs. 8. ANIMAL CRUELTY CASES: City will be responsible for veterinarian care or medicine costs pertaining to cruelty cases. City shall be consulted prior to seeking veterinarian service except for the emergency dispensation of medicine necessary for the comfort of a sick or injured animal. • City will pay an additional charge of $10 per day, after the initial seventy-two (72) hour period for animals impounded in cruelty cases. Limited space is available for large animals and must have prior approval from HSSV before brought here. 3 9. QUARANTINE: The Contractor agrees to provide facilities for animals impounded by City and in need of quarantine. City representative shall complete a written request for quarantine provided by Contractor to specify holding time and requirements. • City will pay an additional of $15 per day, after the initial seventy-two (72) hour period for animals in quarantine. 10. SPECIAL HOLD: A request by the City to hold an animal for a required time due to individual circumstances. The request to hold the animal and the request to release the animal into our adoption program, return to owner or euthanasia must be in writing. • City will pay an additional charge of $10 per day, after the initial seventy-two (72) hour period. 11. DISPOSAL OF ANIMALS: Contractor agrees to dispose of all animals in compliance with the provisions of the City ordinances and state and federal laws. 12. RESERVATION OF RIGHT TO ANIMAL: Contractor may have, at its option, the right to any animal not claimed by the owner within the first seventy-two (72) hours after said animal is transferred to Contractor and may make arrangements with regard to the care of the animal as Contractor deems proper. Except that: prior to a decision to euthanize an animal, Contractor shall first make a reasonable attempt to adopt the animal out or place it with an animal rescue service if the animal fits the adoptable pets criteria. Except further: City may authorize euthanizing an animal within the first seventy-two (72) hours if the animal is seriously injured or diseased with a recommendation from a Veterinarian. 13. RELEASE OF ANIMALS: Contractor shall post its office hours in a location visible to the public from the outside of the facility and shall be available during those hours to release animals to owners upon presentation of a proper release form issued by City. 14. RIGHT TO REFUSE ANIMALS: Contractor reserves the right to refuse any animals brought in when it is deemed that Contractor does not have the appropriate facilities to accommodate the need of such animal or Contractor’s facilities are at its maximum capacity. 15. ANIMAL RESEARCH: No live animal impounded by City representatives or that City paid a charge for, and was unclaimed, shall be offered or released for research purposes. 16. SUSPENSION, TERMINATION AND CLOSE-OUT: If Contractor fails to comply with the terms and conditions of this contract, City may pursue such remedies as are legally available, including but not limited to, the suspension or termination of this contract. 4 17. CHANGES, AMENDMENTS, MODIFIATIONS: Either party may request changes to the contract. Any and all modifications shall be in writing and signed by each of the parties. 18. REPORTS AND INFORMATION: Contractor, at such time and in such form as City may require, shall furnish City with monthly reports, and as it may request, pertaining to the work or service undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 19. AUDITS AND INSPECTIONS: City or its representatives shall have the right to review and monitor financial and other components of the work and services provided and undertaken as a part of this contract. 20. HOLD HARMLESS: Contractor agrees to indemnify and hold harmless the City, its appointed officers and employees, from and against all loss and expenses, including attorney’s fees and costs by reason on any and all claims and demands upon City, its elected and appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of Contractor and its agents negligent performance of work associated with the contract. 21. INDEPENDENT CONTRACTOR STATUS: The parties intend that an independent contractor relationship between Contractor and City will be created by the agreement. No agent, employee, or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City for any purposes, and the employees of the Contractor are not entitled to any of the benefits the City provides for City employees. Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this agreement. Contractor is responsible for all taxes applicable to this agreement. Contractor is not an agent of the City and does not have authority to bind the City to any fiscal or contractual obligation. 22. LIABILITY INSURANCE: Contractor shall procure and keep in force during the term of this Agreement, at Contractor’s own cost and expense, Commercial General Liability Insurance 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 seven (7), by A.M. Best Company and which are acceptable to the City. The policy shall be 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. The policy shall contain a provision that the policy shall not be canceled or materially changed without 30 days prior written notice to City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of the Contractor to furnish the required insurance during the term of this Agreement. Prior to the Contractor performing any Work, Contractor shall provide the City with a Certificate of Insurance acceptable to the City Attorney evidencing the required insurance. Contractor shall provide the City with either (1) a true copy of an endorsement naming Arlington, its offices, its employees and agents as Additional 5 Insureds or (2) a true copy of the blanket additional insured clause from the policies. Receipt by the City of any certificate showing less coverage than required is not a waiver of the Contractor’s obligations to fulfill the requirements. 23. GOVERNING LAW: This contract shall be governed by and constructed in accordance with the laws of the State of Washington, including any regulation, ordinance or other requirements of any governmental agency having or asserting jurisdiction over the services provided hereunder. 24. VENUE: In the event that any disputes arise over this contract, the venue of any legal action shall be that of Snohomish County, Washington. 25. SEVERABILITY: If any term or condition of this contract is held invalid, such invalidity shall not affect other terms, conditions, or application, which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the contract are declared severable. 26. WAIVER: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this contract shall be held to be waived, modified, or deleted except by an instrument in writing, signed by the parties hereto. 27. ENTIRE AGREEMENT: This written contract represents the entire contract between the parties and supersedes any prior oral statement, discussions, or understanding between the parties. 28. SUCCESSORS AND ASSIGNS: This contract shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided that no party hereto may assign this contract without the prior consent of the other party, which consent shall not be unreasonably delayed or withheld. 29. AUTHORITY: Each individual executing this contract on behalf of City and Contractor represents and warrants that such individual(s) are duly authorized to execute and deliver this contract on behalf of City or Contractor. 30. NOTICES: Any and all notices affecting or relative to this contract shall be effective if in writing and delivered or mailed to the respective party being notified at the addresses listed below: Contractor Contact City Contact Sandy Nelson, Robert F. Sullenberger, Director Chief of Police Humane Society of Skagit Valley Arlington Police Department 18841 Kelleher Rd. 110 E. 3rd St. Burlington, WA 98273 Arlington, WA 98223 6 IN WITNESS WHEREOF, The City and Contractor have executed this Agreement as of the date and year written. BY: BY: Margaret Larson, Mayor PRESIDENT BY: TREASURER Approved as to form: Steve Peiffle City Attorney