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Home My WebLink About04-06-26 Council Meeting Packet SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Raelynn APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Recognition and presentation of the Mayor’s Volunteer Award to Jim Hunt Mayor Don Vanney PROCLAMATIONS None. PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Michele Blythe 1. Minutes of the March 16 and March 23, 2026 Council meetings ATTACHMENT A 2. Accounts Payable ATTACHMENT B 3. Professional Services Agreement with Graham Baba Architects ATTACHMENT C For Commercial Kitchen/Food Truck Park Design 4. Resolution for WSDOT Grant – Perimeter Fencing Improvement ATTACHMENT D Project – Stage 2 5. Acceptance of grant funds from Washington Military Department ATTACHMENT E State and Local Cybersecurity Grant Program (SLCGP) 6. Dark Fiber Lease Agreement – North County Regional Fire Authority ATTACHMENT F 7. Change Order No. 2 to American Ramp Company contract for Jensen ATTACHMENT G Pump Track Phase 2 PUBLIC HEARING None. Arlington City Council Meeting Monday, April 6, 2026 at 6:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. NEW BUSINESS 1. Resolution Declaring Certain Property as Surplus and Authorizing Its Sale ATTACHMENT H Staff Presentation: Paul Ellis Council Liaison: Rob Toyer 2. Authorization to Apply for Recreation and Conservation Office ATTACHMENT I Youth Athletic Field Grant Staff Presentation: Paul Ellis Council Liaison: Leisha Nobach 3. Grant Acceptance from Stillaguamish Tribe for Barricades and Trailer ATTACHMENT J Staff Presentation: Paul Ellis Council Liaison: Heather Watland COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] Mayor Don Vanney / City Attorney Oskar Rey RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, March 16, 2026 Councilmembers Present: Heather Watland, Rob Toyer, Yvonne Gallardo-Van Ornam, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Raelynn Jones, Shelby Burke, Marty Wray, Monroe Whitman, City Attorney Oskar Rey, Chelsea Brewer, Jonathan Ventura, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Randy Nobach, Kevin Duncan, Neal Karman, Dan Tarasievich, Scott Tomkins, Snohomish County PUD representatives: Brenda White, Jessica Spahr, John Haarlow and others, Conor Baer, Mark Warren, and Jay Lindberg. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Nathan Senff seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Airport Operations Manager Monroe Whitman introduced Airport Commissioner Scott Tomkins. Mayor Vanney recognized Mr. Tomkins for his service to the Commission and presented him with a plaque. PROCLAMATIONS None. PUBLIC COMMENT John Haarlow, Snohomish County PUD, provided comments. Kevin Duncan, Arlington, provided comments. W. Neal Karman, Lake Stevens, provided comments. Dan Tarasievich, Arlington, provided comments. Conor Baer, Snohomish, provided comments. Scott Tomkins, Arlington, provided comments. Mark Warren provided comments. Jay Lundberg, Arlington, provided comments. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting March 16, 2026 Page 2 of 3 CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Rob Toyer seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the March 2 and March 9, 2026 Council meetings 2. Accounts Payable: Approval of Petty Cash account, check #2051; EFT Payments and Claims Checks #115401 through #115491, dated February 18 through March 2, 2026, in the amount of $ 751,568.36; Approval of Payroll EFT Payments and Check #30487 through # 30490 dated February 1, 2026 through February 28, 2026 in the amount of $ 1,625,911.84. 3. Ordinance Amending Arlington Municipal Code Chapter 20.04 4. Ordinance Amending Arlington Municipal Code Chapter 20.20 5. Ordinance Amending Arlington Municipal Code Chapter 20.46 6. Change Order No. 1 for Jensen Park Project PUBLIC HEARING None. NEW BUSINESS Compensation Proposal and Easement Approval for PUD Transmission Lines Airport Director Marty Wray requested Council approve a compensation proposal and easement for PUD transmission lines. Snohomish County PUD is proposing a transmission and distribution line(s) that will require approximately 237,633 square feet of easement area belonging to the Airport. FAA grant assurances require any easement to be compensated at current market value. The location(s) are on 59th St. to the East of the Airport on the West side of the street. There were no questions. Mayor Pro Tem Michele Blythe moved, and Councilmember Nathan Senff seconded the motion to approve the proposal for easement acceptance and compensation of $1,425,798, and additional timber value compensation of $7,920. The motion passed 4-3 with Councilmembers Toyer, Gallardo-Van Ornam, and Abrahamson voting no. Airport Commission Appointments Airport Operations Manager Monroe Whitman requested Council appoint Robert Anderson and Tim Finneron to the Airport Commission. Airport Commissioners Ruth Gonzales, Robert Anderson, and Scott Tomkins terms expire April 1, 2026. Robert Anderson has submitted a new application to the commission, and Tim Finneron has applied for one of the two vacant positions. Mr. Anderson and Mr. Finneron were interviewed for the open positions March 5 and 6 by Mayor Vanney, Airport Director Marty Wray, Airport Operations Manager Monroe Whitman, City Councilmember Nathan Senff, and current Airport Commissioner Dary Finck. Staff recommends that Robert Anderson and Tim Finneron be appointed to the Airport Commission. The applicants have shown keen interest in the operation and management of Arlington Municipal Airport. Staff welcomes their insights, comments and questions at our regularly scheduled meetings. Their relationship with staff, tenants and the community make them valuable assets to the City of Arlington and to the Arlington Municipal Airport. Minutes of the City of Arlington City Council Meeting March 16, 2026 Page 3 of 3 Councilmember Nathan Senff moved, and Councilmember Tim Abrahamson seconded the motion to appoint Robert Anderson and Tim Finneron to the airport commission. The motion passed unanimously. Amendment No. 2 to the Contract for Prosecution Services City Administrator Paul Ellis requested Council approve amendment no. 2 to the contract for prosecution services. Zachor, Stock and Krepps Inc., P.S., provides prosecution services for the City of Arlington. The attached amendment extends the original agreement an additional three years ending December 31, 2028. The contract provides for a 4% annual adjustment to the fees to cover growing costs to provide the services. The law firm formerly known as Zachor and Thomas, now Zachor, Stock and Krepps has served as the City’s prosecutors at the municipal court level since 2001. Councilmember Nathan Senff moved, and Mayor Pro Tem Michele Blythe seconded the motion to approve Amendment No. 2 to the contract with Zachor, Stock and Krepps, Inc., P.S. for prosecution services and authorize the Mayor to sign pending legal review. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmembers Abrahamson, Blythe, Gallardo-Van Ornam, and Senff provided updates about upcoming events and those they attended. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT Mayor Vanney stated he presented the State of the City to the Chamber of Commerce on March 10. He also attended the Arbor Day tree planting at the Stormwater Wetland area. EXECUTIVE SESSION City Attorney Oskar Rey announced the need for an executive session for discussion of potential litigation and legal risks [RCW 42.30.110(1)(i)] with no action to be taken afterward, to begin at 6:33 p.m. and last 10 minutes until 6:43 p.m. City Administrator, Paul Ellis, notified the City Clerk that five more minutes would be required and the session will end at 6:48 p.m. Council was dismissed at 6:33 p.m. Council reconvened at 6:48 p.m. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:49 p.m. _________________________________________ Don E. Vanney, Mayor Page 1 of 4 Council Chambers 110 East 3rd Street Monday, March 23, 2026 Councilmembers Present: Heather Watland, Rob Toyer, Yvonne Gallardo-Van Ornam, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach. Council Members Absent: None. Staff Present: Mayor Don Vanney, Paul Ellis, Shelby Burke, Jim Kelly, Lorene Robinson, Sarah Lopez, Bryan Terry, Rory -Bolter, and Chelsea Brewer. Also Known to be Present: Kathy Vanney, Randy Nobach, Dave Kraski, and others. Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Professional Services Agreement with Graham Baba Architects for Commercial Kitchen/Food Truck Park Design Community Engagement Director Sarah Lopez reviewed the Professional Services Agreement with Graham Baba Architects for Commercial Kitchen/Food Truck Park Design. The City of Arlington has received a grant from the Department of Commerce to design a commercial kitchen and food truck park at the Airport property at the northeast corner of 172nd Street and Airport Boulevard. The grant for design was budgeted in 2025, but the design project was delayed. The City issued a request for qualifications in August of 2025 to architect firms. We reviewed 16 firms and selected Graham Baba Architects to work with Arlington’s team on the design. The design will include the site plan for a food truck park and a building plan that will house a commercial kitchen and public space. This project is for design only. The City will look for funding for construction. The City of Arlington identified a shortage of food service options in the Airport’s Cascade Industrial Center area and launched a pilot food truck program at the corner of 172nd Street and Airport Boulevard. Building on that location’s success, the City applied for and received Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop March 9, 2026 Page 2 of 4 funding from the Washington State Department of Commerce to support the design of a commercial kitchen that would strengthen the local food ecosystem and expand opportunities for food-service entrepreneurs. The area has been set aside by the Airport for a public observation area that could also serve as a food truck park. Discussion followed with Ms. Lopez answering Council questions. Resolution for WSDOT Grant – Perimeter Fencing Improvement Project Airport Operations Coordinator Lorene Robinson reviewed the Resolution for the WSDOT Grant for the Perimeter Fencing Improvement Project. To apply for a WSDOT grant, the Airport must submit a signed assurance in the form of a resolution that local matching funds are available and authorized for the proposed grant project. Airport staff applied for state funding for the Perimeter Fencing Improvement Project – Stage 2 (request 2.5% WSDOT grant funding). The Perimeter Fencing Improvement Project – Stage 2 was budgeted and is now estimated to cost $1,100,000 for construction and construction administration (grant does not include non-eligible construction or design costs). Airport Staff will also submit a grant to the FAA for assistance in funding. Staff will return to City Council for approval of a construction administration contract and construction contract once construction bids are received. The city has previously approved resolutions for several projects, including the Taxiway Alpha Mill and Overlay Project, Perimeter Fencing Improvement Project – Stage 1, Airport Admin Building Solar Project, Runway 16/34 Mill and Overlay Project, Runway 11/29 Overlay Project, 2018 Seal Coat Project, 2018 Pavement Improvements Project, 2017 Taxiway Charlie Lighting & Signing Improvement Project (not awarded), Mound Area Taxi lane Project, Security Lighting Project, Emergency Generator Project, and the Taxiway Alpha Lighting Project. Acceptance of grant funds from Washington Military Department State and Local Cybersecurity Grant Program (SLCGP) IT Director Bryan Terry reviewed the Washington Military Department State and Local Cybersecurity Grant Program (SLCGP). Council is being asked to authorize the acceptance of a SLCGP Cybersecurity grant from the State of Washington Military Department in the amount of $100,000 for the purchase of new cyber security tools, to better protect City of Arlington data. Acceptance of this grant will trigger the necessity for a budget amendment at end of year. The State and Local Cybersecurity Grant Program (SLCGP) provides funding to eligible entities to address cybersecurity risks and threats to information systems owned or operated by, or on behalf of, state, local, or tribal governments. Discussion followed with Mr. Terry answering Council questions. Dark Fiber Lease Agreement – North County Regional Fire Authority (NCRFA) IT Director Bryan Terry reviewed the Dark Fiber Lease Agreement with NCRFA. Council is being asked to approve the Dark Fiber Lease Agreement with North County Regional Fire Authority (NCRFA) for the lease of fiber to two locations in the City of Arlington. These locations are Station 46 – 137 MacLeod Ave, and Station 48 – 4228 Airport Blvd. Minutes of the City of Arlington City Council Workshop March 9, 2026 Page 3 of 4 The lease of this fiber gives NCRFA connectivity to the City of Arlington’s Data Center where they will connect to the Snohomish County fiber network for access to the internet and Sno911 resources. These sites have been connected to city fiber and other connectivity methods provided by the City of Arlington prior to the merger with North County Regional Fire Authority. This dark fiber lease agreement formalizes this arrangement. Change Order No. 2 to American Ramp Company contract for Jensen Pump Track Phase 2 Public Works Director Jim Kelly reviewed Change Order No. 2 for the Jensen Park Project with the American Ramp Company. After being a vital participant in the Haller Park Splash Pad project, the Rotary Club of Arlington sought to provide another recreational family project that would benefit the Arlington Community. Rotary discussed several options with the City and both agreed that the construction of a pump track at Jensen Park would be an excellent contribution to the community. The City and Rotary planned for a two-track facility, one track would be for junior or beginning pump track riders and the other a track for more experienced riders. Funding only allowed for the design and construction of the more experienced track, so the City entered into a contract with American Ramp Company for the design and construction of a single-track facility. Additional funding was received from the Stillaguamish Tribe of Indians, and now staff is requesting an amendment to the contract for a two-track facility. Discussion followed with Mr. Kelly answering questions. Monthly Financial Report - February Finance Director Shelby Burke reviewed the Monthly Financial Report for February. Discussion followed with Ms. Burke answering Council questions. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis indicated that there will be no Council meeting next week and the Community Engagement Night will be held on March 30, 2026 from 5 p.m.-7 p.m. at Council Chambers. MAYOR’S REPORT Mayor Vanney attended the Oso Slide Memorial with Heather Watland. COMMENTS FROM COUNCILMEMBERS Councilmember Senff spoke about his experience attending the Arlington Home & Garden Show. PUBLIC COMMENT None. Minutes of the City of Arlington City Council Workshop March 9, 2026 Page 4 of 4 REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the Consent Agenda for the April 6, 2026 Council meeting. 1. Professional Services Agreement with Graham Baba Architects for Commercial Kitchen/Food Truck Park Design 2. Resolution for WSDOT Grant – Perimeter Fencing Improvement Project Stage 2 3. Acceptance of grant funds from Washington Military Department State and Local Cybersecurity Grant Program (SLCGP) 4. Dark Fiber Lease Agreement – North County Regional Fire Authority 5. Change Order No. 2 to American Ramp Company contract for Jensen Pump Track Phase 2 EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:24 p.m. _________________________________________ Don E. Vanney, Mayor City of Arlington Council Agenda Bill CA #2 Attachment COUNCIL MEETING DATE: April 6, 2026 SUBJECT: Accounts Payable Claims Approval Claims Approval Finance, Shelby Burke, Director 360-403-3423 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Claims approval for April 6, 2026 Council meeting HISTORY: ALTERNATIVES: City of Arlington April 6th, 2026 Council Meeting Claims Certification: We, the undersigned City Council of the City of Arlington, Washington, do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of EFT Payments and Claims Checks #115492 through #115603, dated March 3rd through March 16th, 2026, in the amount of $952,006.62. City of Arlington Council Agenda Bill Item: CA #3 Attachment CCOUNCIL MEETING DATE: April 6, 2026 SUBJECT: Professional Services Agreement with Graham Baba Architects for Commercial Kitchen/Food Truck Park Design Letter of Agreement/ Scope of Work, and draft Professional Services Agreement Administration; Sarah Lopez – Community Engagement Director EXPENDITURES REQUESTED: $568,255(design) BUDGET CATEGORY: Grant – Department of Commerce $563,570 BUDGETED AMOUNT: LEGAL REVIEW: truck park at the Airport property at the northeast corner of 172nd Street and Airport Boulevard. The grant for design was budgeted in 2025, but the design project was delayed. The City issued a request for qualifications in August of 2025 to architect firms. We reviewed 16 firms and selected Graham Baba Architects to work with Arlington’s team on the design. The design will include the site plan for a food truck park and a building plan that will house a commercial kitchen and public space. This project is for design only. The City will look for funding for construction. area and launched a pilot food truck program at the corner of 172nd Street and Airport Boulevard. Building on that location’s success, the City applied for and received funding from the Washington State Department of Commerce to support the design of a commercial kitchen that would strengthen the local food ecosystem and expand opportunities for food-service entrepreneurs. The area has been set aside by the Airport for a public I move to approve the professional services agreement for design services with Graham Baba Architects in the amount of $568,255 and authorize the Mayor to sign. 1507 Belmont Ave, Suite 200 310 E Laurel St Seattle, WA 98122 Bellingham, WA 98225 206.323.9932 360.800.6906 Page 1 of 6 6 February 2026 Sarah Lopez Community Engagement Director City of Arlington 238 North Olympic Avenue Arlington, WA 908223 slopez@arlingtonwa.gov 360-403-3448 RE: Letter of Agreement for Architectural Services – Arlington Commercial Kitchen and Events Space Dear Sarah, Graham Baba Architects PLLC (“Graham Baba Architects”, “Graham Baba”, “GBA”) is excited to have the opportunity to collaborate with the City of Arlington on the commercial events building and site located at 172nd Street and 51st Avenue at the Arlington Municipal Airport. We enthusiastically share your goal of creating a project that meets your needs and desires and in which all of us can take pride. Before we begin work, we would like to execute a written agreement describing our mutual understanding of services to be provided. It has been our experience that both Owner and Architect are best served by having a written understanding from the outset that defines for both of us the services we will perform during our relationship. Project Description: We understand the project encompasses a new, approximately 7200 sf public building to house a commercial kitchen and public indoor event space, and exterior event space and park-like amenities that will cover the apprx. three acre site. It is anticipated that, in order to keep within the project budget, the structure will be a pre-engineered metal building (PEMB) and the construction of the full site may need to be broken into two separate phases of construction. The Maximum Allowable Construction Cost (MACC) for the first phase of construction is $2.8 million; the MACC for the second phase is to be determined. This agreement covers the design of the full project (Phase 1 and Phase 2) through the end of Schematic/30% Design, at which point the project will be estimated by our cost consultant to determine the extent of scope within the City’s current budget; that scope of work will be defined and included in Phase 1 which will proceed into DD/60% Design through 100% CD’s. The Phase 2 scope will not be designed further than the SD/30% Design Phase at this point, and Bidding Assistance and Construction Administration services for both Phase 1 and Phase 2 are excluded from the scope of this proposal but some or all of this scope could be added under a follow-on agreement if desired. And, since there are several different procurement methods possible for a PEMB, for the purposes of this proposal we assume the PEMB building will be competitively bid and procured by the contractor selected for the project after the 100% CDs/Bid Documents have been issued. In this scenario we will not have the opportunity to work directly with the PEMB manufacturer and review their shop drawings during design, so integration of architectural details designed by GBA with the PEMB shop drawing details is excluded from this scope of work but could be added in a follow-on agreement as part of future Construction Administration services. The attached Exhibit A shows the assumed parameters for Phase 1 and Phase 2 for the purposes of this proposal. Project Schedule: The following preliminary schedule forms the basis of our scope of work and fee estimate: • Pre Design: 4 weeks (Phase 1 and Phase 2) Page 2 of 6 •Schematic (30%) Design: 8 weeks design work + 4 weeks for pricing and review (Phase 1 and Phase 2) •Design Development (60% Design): 8 weeks design work + 4 weeks for pricing and review (Phase 1 only) •90% Construction Documents: 10 weeks design work + 4 weeks for pricing and review (Phase 1 only) •100% CD’s/Bid Documents: 2 weeks design work (Phase 1 only) The actual project schedule will be defined and refined once the project has started and various team members have been consulted, but this schedule serves as the baseline for the durations and activities assumed in our Scope of Basic Services. Timelines for jurisdictional review are outside of Graham Baba’s control. Permit review timelines will need to be confirmed with the City of Arlington and the Snohomish County Health Department. Scope of Basic Services: Our proposal is based upon the services indicated in the AIA B101-2017 Standard Form of Agreement Between Owner and Architect as clarified here: •Pre Design o Includes (1) Project Kick-Off/Design Meeting; this encompasses an initial design workshop charette with the City of Arlington project stakeholders, to be held in person at Graham Baba’s office. In this meeting we will review project precedents, discuss opportunities/challenges, brainstorm on the vision, and participate in several exercises to help the design team understand functional and aesthetic priorities and develop the programmatic requirements for the project. o Issue summary results from Design Charette meeting o Develop & issue a programming matrix spreadsheet outlining adjacencies, space needs, square footage allowances assumptions, and equipment/furnishings needs for both building and site. o (4) weeks maximum duration. •Schematic/30% Design o The Schematic Design Documents will consist of drawings and other documents including a site plan and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. It is understood the structure will be a Pre Engineered Metal Building (PEMB) and therefore the majority of the building will be detailed by others, but we will provide preliminary selections of major building systems (foundations, MEP systems, Kitchen Design & Layout, etc) and construction materials that are in addition to/separate from the PEMB assembly, as well as the Phase 1 and Phase 2 site elements, which will be noted on the drawings or described in writing. o Research into Pre Engineered Metal Building systems and options o Includes (2) Owner design meetings maximum. Our proposal assumes that all meetings are held in person at Graham Baba’s offices or via electronic interface such as Microsoft Teams or Zoom. o Includes initial outline specifications o Building, Land Use, SEPA and Energy Code Review/Summary; preparation for and attendance at (1) remote conference with the City of Arlington. o Includes preparation of a single milestone document set at the end of Schematic/30% Design for use in Owner and stakeholder reviews and for pricing. o 100% SD/30% Design pricing and (1) pricing/value engineering meeting. o (8) weeks maximum design duration plus (4) weeks maximum pricing and Owner document review. •Design Development /60% Design Documents o The Design Development Documents will illustrate and describe the development of the approved Schematic Design Documents, to include those elements identified for the completion of Phase 1 design. It is understood the structure will be a PEMB and therefore the Page 3 of 6 majority of the building will be detailed by others, but we will provide refinement of major building systems (foundations, MEP systems, Kitchen Design & Equipment Selection, etc) and construction materials, assemblies and details that are in addition to/separate from the PEMB, as well as the Phase 1 site elements, which will be shown in drawings and other documents including plans, sections, elevations, and diagrammatic layouts of building systems. (It is understood that Phase 2 elements will not be progressed further at this point in time.) o Includes Design Development specifications o Includes (2) Owner design meetings maximum. Our proposal assumes that all meetings are held in person at Graham Baba’s offices or via electronic interface such as Microsoft Teams or Zoom. o Includes preparation and submission of Land Use Permit and SEPA submittal packages based upon the 100% Design Development/60% Design set. o Includes preparation of a single milestone document set at the end of Design Development for use in Owner/stakeholder reviews and pricing o (8) weeks maximum design duration plus (4) weeks maximum pricing and Owner/stakeholder document review. • Construction Documents/90% CD’s/100% CD’s/Bidding Documents o Construction Documents will illustrate and describe the further development of the approved Design Development Documents and will consist of Drawings and setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. It is understood the structure will be a PEMB and therefore the majority of the building will be detailed by others, but we will provide the details of major building systems (foundations, MEP systems, Kitchen Design & Equipment Specification, and layout etc) and construction materials and assemblies that are in addition to/separate from the PEMB, as well as the Phase 1 site elements, which will be shown in drawings and other documents including plans, sections, elevations and typical construction details. o Finalize materials selections o 90% CD Specifications and 100% Bid CD Specifications o Includes (2) Owner design meetings maximum. Our proposal assumes that all meetings are held in person at Graham Baba’s offices or via electronic interface such as Microsoft Teams or Zoom. o Includes preparation and submission of Building Permit and Health Department documentation and application. o Includes tracking Building and Health Department Permit response to correction notices. Our fee estimate includes a maximum of (1) correction cycle per submittal type. o Includes preparation of a 90% document set for cost analysis and Owner review and a single100% document set for use in the bidding and construction of the project. If an additional bid document is required for Phase 2 construction, we can provide that under a follow-on agreement. o Includes (10) weeks of design duration to a 90% Pricing Set plus (4) weeks pricing and Owner document review. o Includes (2) weeks of design time to produce 100% CD’s / Bid Documents after completion of the pricing and Owner review process. Consultants: This proposal includes the following consultant services under sub-contract to Graham Baba: Civil Engineer, Landscape Architect, Structural Engineer, Mechanical, Electrical and Plumbing Engineers, Commercial Kitchen Equipment Designer and Cost Consultant. Coordination of Graham Baba’s consultants is included in our scope of services. Please see the attached consultant proposals for additional details on their proposed scope of services. Page 4 of 6 This proposal assumes that the following additional consultants will be engaged directly by you or your General Contractor, if/as needed: Geotechnical Engineer, Surveyor, Transportation Consultant, Cultural Resources Consultant, and Land-Use Attorney. Graham Baba will coordinate our design work with your consultants, but you will retain responsibility for your consultants’ performance on the project. Exclusions: The following items may also be required by the project, but are excluded from our basic services since the extent and exact requirements of the services are at this point unknown: o Bidding Assistance and Construction Administration o Phase 2 design beyond Schematic/30% Design documentation and cost estimate o FAA submittal package and coordination o Engineering: Acoustic, Geotechnical o Survey, Utility Locating o Building Envelope Design Consultant o Elevator Design and Specifications o Coordination, documentation, and permitting related to Shoreline Zones, Environmentally Critical Areas, and Master Use Permits. o Hardware consulting o Loose furniture design and selection o FF&E procurement and installation services o Audio-visual, telecom and security design o Design, coordination and permits for work within the public right-of-way o Permitting fees o Leasing documents/ Retail strategy o Signage design and permitting o Graphics and branding o Tenant Improvements o Public or political approval processes, meeting attendance, presentations & related communication. o Record Drawings o BOMA Calculations o Documentation and registration fees for LEED certification or other green building certification programs. o Work beyond the schedule durations indicated in the Scope of Basic Services above. o Changes to elements of the design after initial Owner approval, including changes made as part of a value engineering process. o Security cameras, equipment o Oversight of order, purchasing, procurement and installation o Technology and telecommunications equipment, hardware and software o Wayfinding and code signage o See also consultant proposals (Exhibit B) for exclusions specific to their scopes of work. o Reimbursable expenses (See below.) Drawing Deliverables: Technical drawings issued by Graham Baba will be produced in Autodesk’s Revit or AutoCAD software in accordance with Graham Baba’s documentation standards. If produced in Revit, the Revit model will be stored locally on Graham Baba’s network. Cloud-based modeling approaches (such as Autodesk BIM 360) are possible, but may result in additional fee to cover specialized software subscriptions and additional administrative and computer support. Page 5 of 6 Other documents will be produced using a variety of software and physical media and delivered in Adobe Acrobat (.pdf) format. Hardcopies can be provided upon request but will be considered a reimbursable expense. (See below.) Compensation: Our proposal is that architectural services be performed on an hourly basis at Graham Baba’s prevailing hourly rates: Principal/Founder, Principal/Owner $265-$317/hr Principals, Architectural Staﬀ V & Interior Design Staﬀ V $218-$265/hr Associate Principals, Architectural Staﬀ IV & Interior Design Staﬀ IV $192-$218/hr Senior Project Coordinator $192/hr Architectural Staﬀ III & Interior Design Staﬀ III $160-$192/hr Architectural Staﬀ II & Interior Design Staﬀ II $140-$160/hr Architectural Staﬀ I, Interior Design Staﬀ I & Interns $99-$140/hr Note: Rates are subject to change on October 1, annually. Sub-consultant services will be performed on an hourly basis at hourly rates indicated in the individual sub- consultant proposals. Sub-consultants contracted through our office will be charged at our cost plus a 10% administrative fee. If additional consultants are required over the course of the project, we will request proposals for your consideration and approval prior to starting work with them. For the Scope of Basic Services indicated above the total overall invoiced amount will not exceed $519,904. This is based upon the following sub-consultant break-down: Pre-Design (programming and stakeholder design charette) Schematic Design Design Development Construction Documents Total Fee by Consultant: Graham Baba Architects $9947 $37,903 $53,054 $65,933 $166,837 CMA - Kitchen $0 $1000 $1000 $2,500 $4,500 Tony Fodden - Specs $0 $480 $2400 $5040 $7920 TWC - Cost $0 $2000 $2250 $2500 $6750 K Engineers – Electrical $0 $7980 $8740 $15,280 $32,000 Routh Engineering – Mech/Plumbing $0 $4,500 $2,500 $2000 $9000 KPFF - Structural $0 $2400 $5800 $9300 $17,500 KPFF - Civil $0 $45,000 $20,000 $52,0000 $117,000 Berger - Landscape $2460 $35,640 $46,900 $41,300 $126,300 10% Consultant Administrative Fee $246 $9900 $8,959 $12,992 $32,097 Total Fee by Phase: $12,653 $146,803 $151,603 $208,845 $519,904 The individual consultant fees indicated in the break-down above do not constitute not-to-exceed amounts for each discipline but rather are provided for reference to assist in understanding the basis of the overall not-to- exceed amount for each phase. In addition the total fee by phase NTE amounts assume some flexibility to apply savings from a previous phase to future phases of work so long as the total project NTE is not exceeded. plus tax Page 6 of 6 Fees for services outside of those indicated in the Scope of Basic Services would be in addition to fees for Basic Services. These Additional Services will be tracked separately and billed on an hourly basis unless the Owner and Graham Baba mutually agree otherwise to a fixed fee for a specific scope of Additional Services. Terms: Reimbursable expenses are in addition to the above fee estimate and will be at our cost and a 10% administrative fee. Reimbursable expenses shall include all material expenses, including printing costs related to the production of materials for design review, travel costs, courier and other delivery charges. We will bill you monthly for this work and payment is due within 15 days of your receipt of our invoices. Payment for fees and costs is required even if the decision is made not to proceed to later phases. Unpaid balances due over 30 days are subject to a 12% per annum late payment charge. For past due invoices, GBA will provide a 7- day notification that we are suspending services. If the suspension of services notification does not result in payment for the past due invoice(s) then GBA may terminate the agreement. The Owner agrees to limit the aggregate amount of any damages and/or costs (including attorney fees and expert witness fees) that the Owner may recover against Architect (together with its owners, officers, directors, employees and consultants) to the lesser of the amount of compensation paid by the Owner to Architect for Architect’s services under this Agreement or the amount of available insurance proceeds at the time a judgment or settlement with respect to such claims, losses, costs or damages becomes final. The types of claims to which this limitation applies include, but are not limited to, claims based on negligence, professional malpractice, professional errors or omissions, indemnity or contribution, breach of contract, breach of expressed or implied warranty and strict liability. It is our intention to negotiate a formal written contract with you utilizing a modified version of the AIA B101- 2017 Standard Form of Agreement Between Owner and Architect. Until those negotiations are concluded and a modified B101-2017 is executed, we agree to perform in accordance with this proposal and the terms of the unmodified B101-2017 to the extent those terms apply to our scope of services. If we are given oral or written notification to proceed without first receiving a signed copy of this proposal, that oral or written notification will constitute your acceptance of the proposal, including the applicable terms of the unmodified B101-2017, which are incorporated by this reference. If the proposal meets your approval, please sign and return it to us. Your signature below will constitute your acceptance of the terms outlined above and will serve as my notice to proceed with services. If you have any questions concerning any of the terms, please give me a call at 206-323-9932. Sincerely, James Graham, AIA, Principal / Founder GRAHAM BABA ARCHITECTS, PLLC THE PROPOSAL SET OUT IN THIS LETTER IS ACCEPTED BY: Client Date PERSONAL/PROFESSIONAL SERVICES AGREEMENT Project Name________________________________________ Project No__________ THIS AGREEMENT, is made and entered into in duplicate this _____ day of ______________, 202_, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and ___________________________, hereinafter referred to as the "SERVICE PROVIDER". 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 in Exhibit "A" attached hereto and incorporated herein (the "Project"). 2.TERM The Project shall begin on ______________ , 202 , and shall be completed no later than ________________, 202 unless sooner terminated according to the provisions herein. Agreement may be extended upon written agreement by both parties. 3.CONTACT WITH CITY EMPLOYEES During the term of this Agreement, the SERVICE PROVIDER shall interact only with the following authorized CITY employees or agents, and with no other CITY employees absent written authorization to do so: 4.COMPENSATION AND METHOD OF PAYMENT 4.1 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. 4.2 No payment shall be made for any service rendered by the SERVICE PROVIDER except for services identified and set forth in this Agreement. 4.3 The CITY shall pay the SERVICE PROVIDER for work performed under this Agreement as follows: Page 1 of 12 rev 4/2024 4.3.1 SERVICE PROVIDER shall submit monthly invoices detailing work performed and expenses for which reimbursement is sought. 4.3.2 CITY shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 4.4 CITY shall pay SERVICE PROVIDER for such services: (check one) Hourly: $__________ per hour, plus actual expenses, but not to exceed a total of $______________ without an amendment to the contract. Hourly billing shall be no smaller than fifteen (15) minutes; Fixed Sum: A total amount of $ _____________, including tax if applicable Other: _________________________________________________________ for all work performed and expenses incurred under this Agreement. 4.5 CITY reserves the right to withhold payment under this Agreement which is determined, in the reasonable judgment of the City Administrator or his/her designee to be noncompliant with this Agreement, the Scope of Services attached hereto, City standards, or city, state or federal law. 5.REPRESENTATIONS CITY has relied upon the qualifications of SERVICE PROVIDER in entering into this Agreement. By execution of this Agreement, SERVICE PROVIDER represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all applicable current laws, rules and regulations which reasonably relate to this Agreement. 6.STANDARD OF CARE SERVICE PROVIDER shall exercise the degree of skill and diligence normally employed by SERVICE PROVIDERs engaged in the same profession and performing the same or similar services at the time such services are performed. SERVICE PROVIDER will be responsible for the technical accuracy of its services and documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies therein. SERVICE PROVIDER agrees to correct any deficiencies discovered without additional compensation, except to the extent such deficiencies are directly attributable to deficiencies or omissions in City-furnished information. 7.REPORTS AND INSPECTIONS 7.1 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. Page 2 of 12 rev 4/2024 7.2 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. 8.INDEPENDENT CONTRACTOR RELATIONSHIP The parties intend that an independent contractor 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. SERVICE PROVIDER shall not be deemed to be an employee, agent, servant or representative of the CITY for any purpose, and the SERVICE PROVIDER is not entitled to any of the benefits the CITY provides for its employees. The SERVICE PROVIDER will be solely and entirely responsible for his/her acts during the performance of this Agreement. 9.HOLD HARMLESS/INDEMNIFICATION 9.1 SERVICE PROVIDER shall, at its sole expense, defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, actions, suits, liability, loss, or costs including attorney fees, caused by the wrongful or negligent acts, errors or omissions of the SERVICE PROVIDER or the SERVICE PROVIDER’s agents, employees or subcontractors in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or the CITY’s agents or employees. 9.2 SERVICE PROVIDER’s duty to indemnify and hold the CITY harmless against liability for damages arising out of or caused by the concurrent negligence of CITY or CITY’s employees or agents and SERVICE PROVIDER or SERVICE PROVIDER’s employees or agents shall apply only to the extent of the negligence or wrongdoing of SERVICE PROVIDER and SERVICE PROVIDER’s employees or agents. 9.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SERVICE PROVIDER and the CITY, its officers, officials, employees, and volunteers, the SERVICE PROVIDER's liability, including the duty and cost to defend, hereunder shall be only to the extent of the SERVICE PROVIDER’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the SERVICE PROVIDER’s waiver of Page 3 of 12 rev 4/2024 immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. SERVICE PROVIDER certifies, by signing this Agreement, that this indemnification provision was mutually negotiated. The provisions of this section shall survive the expiration or termination of this Agreement. 9.4 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 10.INSURANCE The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees. 10.1 Insurance Term. The SERVICE PROVIDER shall procure and maintain insurance, as required in this Section, without interruption from commencement of the SERVICE PROVIDER’s work through the term of this Agreement and for thirty (30) days after the completion date, unless otherwise indicated herein. 10.2 No Limitation. The SERVICE PROVIDER’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the SERVICE PROVIDER to the coverage provided by such insurance, or otherwise limit the CITY’s recourse to any remedy available at law or in equity. 10.3 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: 10.3.1 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 providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 10.3.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the SERVICE PROVIDER's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 10.3.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 4 of 12 rev 4/2024 10.3.4 Professional Liability insurance appropriate to the PROFESSIONAL’s profession, if applicable. 10.4 Minimum Amounts of Insurance. SERVICE PROVIDER shall maintain the following insurance limits: 10.4.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 10.4.2 Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. 10.4.3 If applicable, Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. 10.5 Other Insurance Provisions. The SERVICE PROVIDER’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or self-insured pool coverage maintained by the CITY shall be excess of the SERVICE PROVIDER’s insurance and shall not contribute with it. 10.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 10.7 Verification of Coverage. SERVICE PROVIDER shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the SERVICE PROVIDER before commencement of the work. 10.8 Subcontractors’ Insurance. The SERVICE PROVIDER shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the SERVICE PROVIDER-provided insurance as set forth herein, except the SERVICE PROVIDER shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The SERVICE PROVIDER shall ensure that the CITY is an additional insured on each and every subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 10.9 Notice of Cancellation. SERVICE PROVIDER shall provide the CITY with written notice of any policy cancellation within two business days of their receipt of such notice. Page 5 of 12 rev 4/2024 10.10 Failure to Maintain Insurance. Failure on the part of the SERVICE PROVIDER to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the SERVICE PROVIDER to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the SERVICE PROVIDER from the CITY. 10.11 City Full Availability of Professional Limits. If the SERVICE PROVIDER maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the SERVICE PROVIDER, irrespective of whether such limits maintained by the SERVICE PROVIDER are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the SERVICE PROVIDER. 11.OWNERSHIP 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. 12.COMPLIANCE WITH LAWS 12.1 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, prevailing wage if applicable to comply with every provision of Chapter 39.12 of the Revised Code of Washington and any other standards or criteria as described in this Agreement to assure quality of services. 12.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 12.3 The SERVICE PROVIDER shall, prior to performing services under this agreement, obtain a city business license as required by AMC 5.28.050. 12.4 If the SERVICE PROVIDER maintains a professional license through the State of Washington, SERVICE PROVIDER shall maintain said license as require by the State of Washington. Should SERVICE PROVIDERs professional license be revoked or suspended, SERVICE PROVIDER shall immediately cease services and shall notify the CITY in writing of the same. Page 6 of 12 rev 4/2024 12.5 If applicable, the SERVICE PROVIDER agrees that before it undertakes performance of the Contract, it will file with the City a Performance and Payment Bond in the full amount of the Contract price, executed by itself as a principal and one or more surety companies authorized to do business in the State of Washington as surety, in a form acceptable to the City. SERVICE PROVIDER agrees to comply with all other applicable federal laws and regulations governing the provision of professional services on federally funded projects, including but not limited to the Federal Acquisition Regulation (FAR), 48 CFR , Competition in Contracting Act (CICA), Brooks Act, Federal Acquisition Streamlining Act (FASA), Service Contract Act (SCA), Anti-Kickback Act, False Claims Act (FCA), and any agency-specific regulations applicable to the project. SERVICE PROVIDER further agrees to adhere to ethical standards and guidelines set forth by the contracting agency and to refrain from engaging in any conduct that would violate federal law or compromise the integrity of the procurement process. SERVICE PROVIDER acknowledges that failure to comply with these requirements may result in termination of the contract and/or other remedies available to the contracting agency, including but not limited to suspension or debarment from future government contracts. 13. COMPLIANCE WITH APPLICABLE FEDERAL LAWS AND REGULATIONS 14.NONDISCRIMINATION 14.1 The CITY is an equal opportunity employer. 14.2 Nondiscrimination Requirement. During the term of this Contract, SERVICE PROVIDER, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SERVICE PROVIDER, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which SERVICE PROVIDER, or subcontractor, has a collective bargaining or other agreement. 14.3 Obligation to Cooperate. SERVICE PROVIDER, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that SERVICE PROVIDER, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). 14.4 Default. Notwithstanding any provision to the contrary, Agency maysuspend SERVICE PROVIDER, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Agency receives notification that SERVICE PROVIDER, including any subcontractor, is cooperating with the investigating state agency. In the event SERVICE PROVIDER, or subcontractor, is determined to have engaged in discrimination identified at Page 7 of 12 rev 4/2024 Page 8 of 12 rev 4/2024 14.5 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, SERVICE PROVIDER, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and SERVICE PROVIDER, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. SERVICE PROVIDER or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. 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. 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. 15.ASSIGNMENT/SUBCONTRACTING 15.1 The SERVICE PROVIDER shall not assign its performance under this Agreement or 14.6 If any assignment and/or subcontracting has been authorized by the CITY, said damages are distinct from any penalties imposed under Chapter 49.60, RCW. Agency shall have the right to deduct from any monies due to SERVICE PROVIDER or subcontractor, or that thereafter become due, an amount for damages SERVICE PROVIDER or subcontractor will owe Agency for default under this provision. 15.2 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. 16.CHANGES OR AMENDMENTS 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. Page 9 of 12 rev 4/2024 17.OWNERSHIP, MAINTENANCE AND INSPECTION OF RECORDS 17.1 All drawings, plans, specifications, and other related documents prepared by SERVICE PROVIDER under this Agreement are and shall be the property of CITY and may be subject to disclosure pursuant to RCW Chapter 42.56 or other applicable public records laws. The written, graphic, mapped, photographic, or visual documents prepared by SERVICE PROVIDER under this Agreement shall, 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. SERVICE PROVIDER agrees to cooperate with the CITY to produce in a timely manner any records in the possession of SERVICE PROVIDER relating to the performance of this Agreement which are or may be the subject of a valid request under the Public Records Act, RCW Chapter 42.56. unless otherwise provided, be deemed the property of the CITY. CITY shall be permitted to retain these documents, including reproducible camera- ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the CITY’s use. CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or part, and reports, data, drawings, images or other material prepared under this Agreement, provided that SERVICE PROVIDER shall have no liability for the use of SERVICE PROVIDER’s work product outside of the scope of its intended purpose, and the CITY agrees to indemnify and hold the SERVICE PROVIDER harmless from such use. 17.2 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. 17.3 The SERVICE PROVIDER shall retain all books, records, documents and other 18.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, an agreement cannot be reached, this Agreement may be terminated by the City no sooner than sixty (60) days thereafter. 19.TERMINATION 19.1 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. Page 10 of 12 rev 4/2024 19.2 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. 22.WAIVER No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 20.NOTICE Notices, other than applications for payment, shall be given in writing to the persons named below: TO THE CITY: ___________________________ ___________________________ ___________________________ TO THE SERVICE PROVIDER: ___________________________ ___________________________ ___________________________ 21.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. 23.JURISDICTION AND VENUE 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. 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. Page 11 of 12 rev 4/2024 CITY OF ARLINGTON: _____________________________________ City Authorized Representative _____________________________________ (Print) ____________________________________ (Title) 24.SEVERABILITY 24.1 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. 24.2 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. 25.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. SERVICE PROVIDER: _____________________________________ Authorized Representative _____________________________________ (Print) ____________________________________ (Title) IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. EXHIBIT A Scope of Work Page 12 of 12 rev 4/2024 NON-COLLUSION DECLARATION The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him/her, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, free gift, commission or thing of value on account of such sale. I HEREBY DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. Dated this ______ day of ___________, 202__, at ____________________, WA _________________________________________________ (Name of Organization) _________________________________________________ (Name and Title of Person Signing) _________________________________________________ (Signature) CERTIFICATION REGARDING INELIGIBLE CONTRACTORS ___________________________, certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Where the bidder is unable to certify to any of the statements in this certification, such bidder shall attach an explanation to this bid. The bidder certifies or affirms the truthfulness and accuracy of the contents of the statement submitted on or with this certification and understands that the provisions of 31 USC Section 3801, et seq., are applicable thereto. Authorized Official Signature Typewritten Name Title of Authorized Official Date Company Name City of Arlington Council Agenda Bill Item: CA #4 Attachment D COUNCIL MEETING DATE: April 6, 2026 SUBJECT: Resolution for WSDOT Grant - Perimeter Fencing Improvement Project – Stage 2 Resolution Airport; Lorene Robinson, Airport Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: $27,500 BUDGET CATEGORY: CIP BUDGETED AMOUNT: LEGAL REVIEW: matching funds are available and authorized for the proposed grant project. Airport staff applied for state funding for the Perimeter Fencing Improvement Project – Stage 2 (request 2.5% WSDOT grant funding). The Perimeter Fencing Improvement Project – Stage 2 was budgeted and is now estimated to cost $1,100,000 for construction and construction administration (grant does not include non-eligible construction or design costs). Airport Staff will also submit a grant to the FAA for assistance in funding. Staff will return to City Council for approval of a construction administration contract and construction contract once construction bids are received. Overlay Project, Perimeter Fencing Improvement Project – Stage 1, Airport Admin Building Solar Project, Runway 16/34 Mill and Overlay Project, Runway 11/29 Overlay Project, 2018 Seal Coat Project, 2018 Pavement Improvements Project, 2017 Taxiway Charlie Lighting & Signing Improvement Project (not awarded), Mound Area Taxi lane Project, Security Lighting Project, Emergency Generator Project, and the Taxiway Alpha Lighting Project. I move to approve the resolution for the WSDOT Grant for Perimeter Fencing Improvement Project Stage 2 and authorize the Mayor to sign the resolution. RESOLUTION NO. 2026-xxx A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, CONFIRMING LOCAL MATCHING FUND AVAILABILITY FOR WSDOT AVIATION AID GRANT FUNDING WHEREAS, the Washington State Department of Transportation (WSDOT) provides grants to local airports for capital projects; and WHEREAS, WSDOT Aviation has indicated the potential for a grant in support of the Arlington Municipal Airport application for a grant for the Perimeter Fencing Improvement Project-Stage 2; and WHEREAS, the grant requirements will include local matching funds for grants which are approved; NOW THEREFORE, the City Council of the City of Arlington does hereby resolve as follows: 1. City staff is authorized to apply for a WSDOT Aviation Aid grant for the sum of $27,500 in support of the Perimeter Fencing Improvement Project – Stage 2; 2. The Mayor is hereby authorized to sign all documents required to accept any grants which are received; and 3. The City supports the proposed project and will commit to the local match requirement for any grants which are received through WSDOT as required by law. ADOPTED BY THE CITY COUNCIL of the City of Arlington, at its regular meeting held this 6th day of April, 2026. CITY OF ARLINGTON ______________________________ Don E. Vanney, Mayor ATTEST: __________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar Rey, City Attorney City of Arlington Council Agenda Bill Item: CA # 5 AttachmentECOUNCIL MEETING DATE: April 6, 2026 SUBJECT: Acceptance of Grant Funds from Washington Military Department – State and Local Cybersecurity Grant State and Local Cybersecurity Grant Program Agreement Face Sheet Information Technology; Bryan Terry, Director 360-403-4610 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Washington Military Department in the amount of $100,000 for the purchase of new cyber security tools, to better protect City of Arlington data. Acceptance of this grant will trigger the necessity for a budget amendment at end of year. The State and Local Cybersecurity Grant Program (SLCGP) provides funding to eligible entities to address cybersecurity risks and threats to information systems owned or operated by, or on behalf of, ALTERNATIVES: I move to approve the acceptance of a grant in the amount of $100,000 from the State of Washington Military Department and authorize the Mayor to sign it, pending final review by the City Attorney. DHS-FEMA-SLCGP-FY24 Page 1 of 44 City of Arlington, E26-133 Washington Military Department STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET City of Arlington 238 N Olympic Ave 2. Grant Agreement Amount: $100,000 E26-133 4. Subrecipient Contact, phone/email: Bryan Terry, 425-299-7006 5. Grant Agreement Start Date: December 13, 2024 6. Grant Agreement End Date: May 31, 2027 7. Department Contact, phone/email: Ben Olson, 253-512-7224 8. Unique Entity Identifier (UEI): FFLLHCP2LNH2 311-001-370 Washington Military Department U.S. Department of Homeland Security EMW-2024-CY-05188 12/13/2024 97.137 – 24SLCGP $5,621,825 745C3 (State), 745C4 (Local-Rural), 745C5 (Local-Not Rural) / NZ 91-6001401 BY LEGISLATIVE DISTRICTS: 10 BY CONGRESSIONAL DISTRICTS: 18. Service Area by County(ies): Snohomish Certified: ☒ N/A ☐ NO ☐ YES, OMWBE #_________ 20. Agreement Classification ☐ Personal Services ☐ Client Services ☒ Public/Local Gov’t ☐☐☐☐ Contract ☒ Grant ☒ Agreement ☐ Intergovernmental (RCW 39.34) ☐ Interagency ☒ “To all who apply & qualify” ☐ Competitive Bidding ☐ Sole Source ☐ A/E RCW ☐ N/A ☐ Filed w/OFM? ☐ Advertised? ☐ YES ☐ NO 23. Subrecipient Type (check all that apply) ☐ Private Organization/Individual ☐ For-Profit ☒ Public Organization/Jurisdiction ☐ Non-Profit ☐ CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER 24. PURPOSE & DESCRIPTION: The goal of the Federal Fiscal Year (FFY) 2024 State and Local Cybersecurity Grant Program (24SLCGP) is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Strengthening cybersecurity practices and resilience of SLT governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure Investment and Jobs Act (IIJA), referred to as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies to strengthen the security of critical infrastructure and improve the resilience of the services SLT governments provide their communities.. The Department is the Recipient and Pass-through Entity of the 24SLCGP DHS Award Letter for Grant No. EMW-2024-CY-05188 (“Grant”), which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement. which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E), Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject order: 1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, WHEREAS, the parties have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: _________________________________________________ Signature Date Seth Daniel Nickerson, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED TO FORM: David Merchant 7/8/2025 Assistant Attorney General _________________________________________________ Signature Date Bryan Terry, IT Director City of Arlington APPROVED AS TO FORM (if applicable): _________________________________________________ DHS-FEMA-SLCGP-FY24 Page 2 of 44 City of Arlington, E26-133 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. Bryan Terry Ben Olson IT Director Program Coordinator bterry@arlingtonwa.gov benjamin.olson@mil.wa.gov 425-299-7006 253-512-7224 Suzanne Soule Melissa Berry Fiscal Analyst Program Manager ssoule@arlingtonwa.gov melissa.berry@mil.wa.gov 360-403-3421 253-384-7226 Name General Information Title Email Email preparedness.grants@mil.wa.gov Phone ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 24SLCGP, including, but not limited to, all criteria, restrictions, and requirements of “The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2024 State and Local Cybersecurity Grant Program” (hereafter “the NOFO”) document, the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 24SLCGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient also becomes a pass-through entity by making a subaward to a subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 24SLCGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 24SLCGP Program, including, but not limited to, all criteria, restrictions, and requirements of the NOFO, the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 24SLCGP federal award funds provided to its subrecipients are used in accordance with applicable DHS-FEMA-SLCGP-FY24 Page 3 of 44 City of Arlington, E26-133 federal and state statutes and regulations, and the terms and conditions of the federal award set forth in this Agreement (Attachment C). iv. The Subrecipient must follow their own policies and procedures to eliminate or reduce the impact of conflicts of interest when making subawards, adhering to any applicable federal or state statutes or regulations. Any real or potential conflicts of interest must be reported to the Department in writing upon discovery 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. d. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of fifteen percent (15%) or 15% of modified total direct costs or choose to negotiate a higher rate with the Department. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. All international travel requires prior FEMA approval. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment F). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F). Waiving or missing deadlines serves as an indicator for assessing an agency’s level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department’s sole discretion. DHS-FEMA-SLCGP-FY24 Page 4 of 44 City of Arlington, E26-133 h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within the time period notated in the Timeline (Attachment F), except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s subproject(s). If funds are not required, the Subrecipient shall notify the Department Key Personnel. i. All costs for equipment and supplies must be incurred, and items received, before the Grant Agreement End Date. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will prohibit the Subrecipient from being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. l. A written amendment will be required if the Subrecipient expects cumulative transfers among solution area totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of the Grant Agreement Amount. Any changes to solution area totals not in compliance with this paragraph will not be reimbursed without approval from the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. Biannual reports must be submitted to Reimbursements@mil.wa.gov in the format provided by the Department no later than the dates listed within the Timeline (Attachment F) in the format provided by the Department. b. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachments D) activities in the format provided by the Department. c. With the final reimbursement request, the Subrecipient shall submit to Reimbursements@mil.wa.gov a final report in the format provided by the Department describing all completed activities under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any subrecipient to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized subrecipient to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient’s inventory system. DHS-FEMA-SLCGP-FY24 Page 5 of 44 City of Arlington, E26-133 iii. Inventory system records shall include: A. Description of the property; B. Manufacturer’s serial number, model number, or other identification number; C. Funding source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11); D. Assistance Listings Number (Face Sheet, Box 13); E. Who holds the title; F. Acquisition date; G. Cost of the property and the percentage of federal participation in the cost; H. Location, use and condition of the property at the date the information was reported; I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department’s Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $10,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair-market value of ten thousand dollars ($10,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of ten thousand dollars ($10,000) may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2) and the Subrecipient shall notify Department Key Personnel to initiate approval by the federal awarding agency. DHS-FEMA-SLCGP-FY24 Page 6 of 44 City of Arlington, E26-133 C. Notify Department Key Personnel to initiate the disposition process by the federal awarding agency. ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. Equipment purchases (those with a current per-unit fair market value in excess of $10,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment, especially those subject to rapid technical advances. c. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. d. If funding is allocated to support emergency communications activities, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical standards that ensure and enhance interoperable communications. e. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327, 200.471, and Appendix II to 2 CFR 200. Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and the NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be DHS-FEMA-SLCGP-FY24 Page 7 of 44 City of Arlington, E26-133 an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. f. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any subrecipient to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures, and facilities; installation of sonar system; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval must be received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1, the Subrecipient must notify the Department. The Department may request pre-procurement documents, such as request for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any subrecipient to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre- procurement documents. b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1, the Subrecipient must submit justification to the Department for review and approval. This requirement must be passed on to any subrecipient to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications to any subrecipient to which Subrecipient makes any award. c. The Subrecipient as well as its contractors and subcontractors must comply with the Build America, Buy America Act (BABAA), which was enacted as a part of the Infrastructure Investment and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. BABAA requires any infrastructure project receiving federal funding must ensure: i. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from initial melting stage through the application of coatings, occurred in the United States. ii. All manufactured products must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the DHS-FEMA-SLCGP-FY24 Page 8 of 44 City of Arlington, E26-133 manufactured product that are mined, produced, or manufactured in the United States must be greater than 55% of the total cost of all minimum amount of domestic content of manufactured product, unless subject to another standard. iii. All construction materials are manufactured in the United States. This means that all manufacturing processes for construction material occurred in the United States. Additionally, applicable infrastructure projects are subject to domestic preference requirements. A domestic preference does not apply to non-infrastructure spending under an award that also includes a covered project. A domestic preference applies to an entire infrastructure project, even if it is funded by both federal and non-federal funds under one or more awards. i. Domestic preferences under BABAA only apply to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a domestic preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure. ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways and bridges; public transportation; dams, ports, harbors and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. iii. The Subrecipient’s contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the BABAA shall file a required certification to the Subrecipient with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors must certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement. Such disclosures shall be forwarded to the Subrecipient who will forward them to the Department who, in turn, will forward the disclosures to FEMA. The Build America, Buy America Act Self-Certification form is included herein as Attachment G. If the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the Department Key Personnel to determine the requirements. All waiver requests must include a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States and a certification that there was a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department’s monitoring activities is to ensure that subrecipients receiving federal pass- through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA Form. Reporting requirements are referenced in section 3.d. DHS-FEMA-SLCGP-FY24 Page 9 of 44 City of Arlington, E26-133 c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Agreement deliverables; iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e- mails, and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement Work Plan, Budget, and federal requirements; v. Observation and documentation of Agreement-related activities, such as exercises, training, events, and equipment demonstrations; and vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any subrecipient to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Pursuant to FEMA Policy FP-256-23- 001 (www.fema.gov/sites/default/files/documents/fema_)policy-language-access.pdf) this requirement applies to anyone awarded FEMA funding. Complying with the requirement to provide meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. b. Subrecipients are encouraged to perform and document their analysis of the most appropriate language assistance services necessary to ensure a LEP individual has meaningful access to the Subrecipient’s programs and activities. The analysis should consider: i. The number or proportion of LEP individuals eligible to be served or likely encountered by the program ii. The frequency with which LEP individuals come in contact with the program iii. The nature and importance of the program, activity, or service provided by the program to people’s lives iv. The resources available to the program and costs B. SLCGP SPECIFIC REQUIREMENTS DHS-FEMA-SLCGP-FY24 Page 10 of 44 City of Arlington, E26-133 1. The Subrecipient must use SLCGP funds only to perform tasks as described in the Work Plan (Attachments D) and the Subrecipient’s approved application for funding incorporated into this Agreement. 2. Subrecipients are required to annually complete the Nationwide Cybersecurity Review (NCSR) https://www.cisecurity.org/ms-isac/services/ncsr, a free, anonymous, annual self-assessment designed to measure gaps and capabilities of a SLT’s cybersecurity programs to benchmark and measure progress of improvement in their cybersecurity posture. Due dates are included in the Timeline (Attachment F). For more information, visit Nationwide Cybersecurity Review (NCSR) (cisecurity.org). 3. Subrecipients are required to participate in free cyber hygiene services, specifically vulnerability scanning and web application scanning. To register for these services, email vulnerability@cisa.dhs.gov with the subject line “Requesting Cyber Hygiene Services – SLCGP” to get started. Indicate in the body of your email that you are requesting this service as part of the SLCGP. For more information, visit CISA’s Cyber Hygiene Information Page. 4. Subrecipients may retain a maximum of up to five percent of the Grant Agreement Amount for management and administration (M&A) activities, directly relating to the management and administration of SLCGP funds, such as financial management and monitoring. C. DHS TERMS AND CONDITIONS As a subrecipient of 24SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 24SLCGP Award Letter and its incorporated documents for the Grant, which are incorporated in and made a part of this Agreement (Attachment C). DHS-FEMA-SLCGP-FY24 Page 11 of 44 City of Arlington, E26-133 Attachment B Washington Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. “Agreement” means this Grant Agreement. b. “Department” means the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. c. “Monitoring Activities” means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. d. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for all other purposes. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. The Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient’s project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part 35. Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. If the ADA does not apply to the Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its inapplicability to the Indian Tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules, and regulations. DHS-FEMA-SLCGP-FY24 Page 12 of 44 City of Arlington, E26-133 A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered transactions” by any federal department or agency. “Covered transactions” include procurement contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List” (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services’ “Debarred Vendor List” (http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. DHS-FEMA-SLCGP-FY24 Page 13 of 44 City of Arlington, E26-133 In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must DHS-FEMA-SLCGP-FY24 Page 14 of 44 City of Arlington, E26-133 be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials – As required by 2 CFR 200.323, a subrecipient that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds DHS-FEMA-SLCGP-FY24 Page 15 of 44 City of Arlington, E26-133 $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94–163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” and as appropriate and to the extent consistent with law, the Subrecipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient’s procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department’s or the Subrecipient’s responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient, and a third party mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. A.13 LEGAL RELATIONS DHS-FEMA-SLCGP-FY24 Page 16 of 44 City of Arlington, E26-133 It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department’s Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties’ Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, DHS-FEMA-SLCGP-FY24 Page 17 of 44 City of Arlington, E26-133 association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, 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 selection for training, including apprenticeships and volunteers. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify, and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department’s name is mentioned, or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the DHS-FEMA-SLCGP-FY24 Page 18 of 44 City of Arlington, E26-133 Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the “records”). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Subrecipients of a federal award, that expend $1,000,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Subrecipients that spend less than $1,000,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “subrecipient” means an entity that receives a subaward from a pass-through entity to carry out part of a Federal award. DHS-FEMA-SLCGP-FY24 Page 19 of 44 City of Arlington, E26-133 Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient’s fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 OR Contracts.Office@mil.wa.gov The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the state of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the state of Washington, including, but not limited to, Workers’ Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. DHS-FEMA-SLCGP-FY24 Page 20 of 44 City of Arlington, E26-133 A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods DHS-FEMA-SLCGP-FY24 Page 21 of 44 City of Arlington, E26-133 delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the state of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and encourage minority-owned and women-owned business enterprises who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBEs): 6%. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Except for as provided herein, venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. Provides, that if the Subrecipient is a federally recognized Indian Tribe, the parties agree that, in the event either party to this Agreement commences any suit relating to or arising from the Agreement, the United States District Court for the Western District of the State of Washington shall have the sole and exclusive jurisdiction over such proceeding. If the court lacks federal subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of DHS-FEMA-SLCGP-FY24 Page 22 of 44 City of Arlington, E26-133 Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any other person or entity, and the Tribe does not waive its immunity with respect to any action brought by, or on behalf of, any other entity or person. A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-SLCGP-FY24 Page 23 of 44 City of Arlington, E26-133 Attachment C 24SLCGP Award Letter EMW-2024-CY-05188 DHS-FEMA-SLCGP-FY24 Page 24 of 44 City of Arlington, E26-133 // due to new system inclusion of information without context, pages 3-7 not included – available on request // DHS-FEMA-SLCGP-FY24 Page 25 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 26 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 27 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 28 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 29 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 30 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 31 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 32 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 33 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 34 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 35 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 36 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 37 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 38 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 39 of 44 City of Arlington, E26-133 DHS-FEMA-SLCGP-FY24 Page 40 of 44 City of Arlington, E26-133 Attachment D WORK PLAN FY 2024 State and Local Cybersecurity Grant Program The purpose of this attachment is to identify the activities planned by the Subrecipient under this Grant Agreement, funded by SLCGP and required match funding, and subsequently approved by the Washington SLCGP Planning Committee and CISA/FEMA, and determined allowable by the SLCGP Program Manager. PROJECT #1 TITLE Backup Server/Ransomware detection and Mitigation PROJECT DESCRIPTION We are seeking funding to implement Rubrik's or similar backup and data management system, aiming to significantly enhance Arlington's IT infrastructure. Our goal is to advance our data protection capabilities by integrating sophisticated threat detection and mitigation features. We plan to integrate Rubrik or a similar product seamlessly into our existing setup, creating comprehensive policies around backup frequency, retention, and data recovery. This project focuses on enhancing rather than replacing our current systems. Key activities involve installing Rubrik or similar and smoothly transitioning our existing backup data to ensure continuity. Notably, Rubrik offers automatic anomaly detection to quickly identify potential threats and detailed scanning to locate vulnerabilities and corrupted files. With financial support from this grant, we can effectively implement these enhancements, ensuring that GAP BEING ADDRESSED malware in files during the backup process. While Veeam is great at doing backups, it doesn't verify whether the files are malware-free. This is a significant issue, especially during restoration, because it increases the risk of accidentally bringing malware back into our systems without checks for malware and data integrity. Rubrik solves these problems by adding advanced features to detect threats and ensure data integrity. It uses metadata analysis to flag suspicious activity that could indicate malware in backup files. Its bit-level scanning detects and isolates malware, ensuring it's not part of the backups. Plus, Rubrik offers immutable backups, which means that once files are backed up, they can't be altered, so only clean files get restored. This minimizes the chance of reinfecting our systems and greatly improves data security and overall resilience. Rubrik addresses these deficiencies by integrating advanced threat detection and data integrity features. This solution encompasses anomaly detection through metadata analysis, allowing the detection of anomalous behavior indicative of malware in backup files. The bit-level vulnerability scanning capability ensures that malware is detected and isolated, preventing its inclusion in backups. Additionally, Rubrik provides immutable backups, ensuring that files remain untampered once backed up. This ensures that only clean files are restored, mitigating the risk of reintroducing infected files into the system and significantly enhancing data security and overall operational IMPACT fixing our current gaps with spotting malware and ensuring data stays intact during backups. It’ll make a huge difference right away by helping us catch and quarantine any malware-infected files before they get restored, keeping our IT systems safe and sound. With this enhanced protection, we’ll be much better equipped to handle cyber threats, cutting down the risk of disruptions and ensuring that essential public services keep running smoothly, despite these OUTCOME setup, which means less worry about cyber threats and a boost in overall safety. This upgrade will be great news for everyone involved—city departments, IT staff, and residents—because it means better data protection and confidence that our information stays clean and uncorrupted. The system will help shield us from malware getting DHS-FEMA-SLCGP-FY24 Page 41 of 44 City of Arlington, E26-133 key improvement will be Rubrik's ability to spot and isolate malware infections both while backing up and during restoration, leading to a more secure and reliable environment for city operations. DHS-FEMA-SLCGP-FY24 Page 42 of 44 City of Arlington, E26-133 Attachment E BUDGET FY 2024 State and Local Cybersecurity Grant Program The purpose of this attachment is to identify how the funding is budgeted per the identified activities in the Work Plan. If funding is identified as not being required, contact the Department Key Personnel as soon as possible so funding can be reallocated. City of Arlington WA AGREEMENT AMOUNT $100,000 PR O J E C T # 1 SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A Salaries & Benefits $0 $0 $0 $0 $0 $0 $0 Travel/Per Diem $0 $0 $0 $0 $0 $0 $0 Passthrough $0 $0 $0 $0 $0 $0 $0 Equipment $100,000 $100,000 SUBTOTAL $0 $0 $100,000 $0 $0 $0 $100,000 Indirect $0 TOTAL DHS-FEMA-SLCGP-FY24 Page 43 of 44 City of Arlington, E26-133 Attachment F TIMELINE FY 2024 State and Local Cybersecurity Grant Program The purpose of this attachment is to identify applicable and agreed upon due dates for Grant Agreement milestones to include deliverables that must be submitted to the Department. Both the Department and the Subrecipient shall monitor adherence with the dates below. DATE TASK December 13, 2024 Grant Agreement start date July 15, 2026 Submit Progress Report * time period 12/13/2024 - 6/30/2026 January 5, 2027 Submit Progress Report * time period 7/1/2026 - 12/31/2026 DHS-FEMA-SLCGP-FY24 Page 44 of 44 City of Arlington, E26-133 Attachment G BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION The Subrecipient’s contractors and subcontractors must sign and submit the following certification to the next tier, with the Subrecipient forwarding to the Department Key Personnel for each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. “The [Contractor or Subcontractor], ______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.” City of Arlington Council Agenda Bill Item: CA #6 Attachment FCOUNCIL MEETING DATE: April 6, 2026 SUBJECT: Dark Fiber Lease Agreement – North County Regional Fire Authority (NCRFA) Lease Agreement Information Technology; Bryan Terry, Director 360-403-4610 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Authority (NCRFA) for the lease of fiber to two locations in the City of Arlington. These locations are Station 46 – 137 MacLeod Ave, and Station 48 – 4228 Airport Blvd. The lease of this fiber gives NCRFA connectivity to the City of Arlington’s Data Center where they will connect to the Snohomish County fiber network for access to the internet and Sno911 resources. These sites have been connected to city fiber and other connectivity methods provided by the City of Arlington prior to the merger with North County Regional Fire Authority. This dark fiber lease ALTERNATIVES: I move to approve the Dark Fiber Lease agreement with North County Regional Fire Authority, and authorize the Mayor to sign, pending final review by the City Attorney. Page 1 of 8 DARK FIBER LEASE AGREEMENT This Dark Fiber Lease Agreement ("Agreement") is made by and between the City of Arlington, a Washington municipal corporation, hereafter "City" or "Lessor," and North County Regional Fire Authority, a Washington fire authority, hereafter "Lessee," jointly referred to as "Parties." RECITALS A. The City owns and/or controls a fiber optic communication system including strands of fiber optic cable, hardware, equipment, and access locations and rights related thereto (“Dark Fiber System”). B. Lessee is a public agency and seeks to use a portion of the Dark Fiber System. C. The Parties desire to enter into this Agreement for the purpose of establishing the rights and responsibilities for Lessee’s use of City dark fiber and related facilities. AGREEMENT NOW, THEREFORE, in consideration of the following terms, conditions and covenants, Lessor and Lessee agree as follows: 1. Grant of Lease. Subject to the terms and conditions herein, Lessor hereby grants to Lessee, and Lessee hereby accepts, a lease authorizing the use of the Dark Fiber system as follows: a. The City will make available to Lessee the dark fiber strand(s) and Route described in Exhibit A. “Fiber” means City-owned, un-activated fiber optic line, expressed by the number of fiber strands, between two specified locations that has no attached optronics or electronics. b. Demarcation point(s) may be either (a) patch panel handoff in a City facility or (b) splice handoff at a vault/handhole/splice enclosure, as specified in Exhibit A. Each demarcation point listed in Exhibit A is a billable demarcation point for purposes of Section 8. 2. Restrictions on Use. 2.1 The Dark Fiber system shall be used solely for Lessee’s governmental purposes. Lessee shall not resell or provide telecommunications services to the general public using the Fiber. 2.2 Except with Lessor's prior written consent on such terms and conditions as Lessor shall, in its sole discretion, require or approve or as otherwise set forth herein, Lessee shall not sublease, subcontract, delegate, or assign the rights set forth in this Agreement with respect to the Dark Fiber system. For the avoidance of doubt, (a) Lessee shall be entitled to assign its rights and delegate its obligations under this agreement to an affiliate without such written consent of the Lessor and (b) no equity sale, merger, change of control or sale of assets of or by Lessee shall be deemed to be an “assignment.” Lessee shall provide the City with written notice within 5 business days of such affiliate assignment, equity sale, merger, change of control or sale of assets. Page 2 of 8 2.3 Lessee may retain a third-party internet service provider and/or contractor (the “Provider”) to light, operate, monitor, and maintain Lessee’s electronics and services over the Fiber, provided that (a) Provider obtains no property interest or independent right to use City Fiber; (b) Provider may not resell, lease, or commercialize the Fiber; and (c) may not undertake any work on the Dark Fiber system that would impact any City own facilities without the City’s prior written approval. 3. Ownership. The Dark Fiber will remain the property of Lessor and will never be deemed a fixture to any real property owned by Lessee or any third party. Lessor and Lessee will each retain title to all of their respective equipment, electronics and facilities used in relationship to this Agreement. Neither this Agreement nor the lease granted hereunder shall constitute an assignment of any of Lessor's rights to use unleased Dark Fiber strands or the public or private property in which unleased Dark Fiber strands are located. 4. Acceptance of Dark Fiber. Lessee may test the Dark Fiber System prior to acceptance to ensure it performs in such a manner that will enable Lessee to deliver the Lessee's Services. Such testing may be conducted by a qualified third party designated by Lessee. Lessee will notify Lessor of its acceptance or any performance deficiencies found in the Dark Fiber. In the event that testing reveals any deficiencies in the Dark Fiber, Lessor may permit Lessee to make necessary repairs to correct such deficiencies within 10 days of receipt by the Lessor of the notice or Lessee may terminate this Agreement. 5. Maintenance. Each Party is responsible for maintenance and repair of fiber optic infrastructure on their respective side of Demarcation Points. 5.1 Lessor is capable of providing fiber optic maintenance and repair services. Where desired and when possible, the Lessor is willing to provide these services to the Lessee at cost. 6. Relocation. The Parties agree that this Agreement shall not be construed as limiting or interfering with the Lessor's right to manage, control, construct, locate, maintain and/or use its Dark Fiber; other City facilities; the public right-of-way; and/or any public or private property in which the Dark Fiber is located. With respect to relocation, Lessee shall be responsible for making the proposed relocation and for covering costs and expenses of relocating the Dark Fiber for the purpose of this Section 6 after Lessee provides 10 days’ advance written notification to Lessor, which shall cooperate with Lessee to minimize disruption. 7. Term. 7.1 Term. The term of this Agreement shall become effective on the Effective Date and shall continue in effect for a period of 5 years (the "Initial Term") or until terminated in accordance with the provisions of Section 7.3 or, if applicable, Section 12.8. This Agreement may be extended in one-year increments for a total of 10 additional years, or as otherwise agreed by the Parties (each increment an "Extension Term"). Page 3 of 8 7.2 Renewal Terms. At least 90 days prior to expiration of the Initial Term, a Party may deliver written notice of intent to renew this Agreement. The notice shall propose the period and terms of renewal. The Party receiving the notice shall within 10 days of delivery respond by stating its intent to renew this Agreement. Thereafter, the Parties shall negotiate the Extension Term in good faith. No response by the party receiving the notice shall be deemed a refusal to extend this Agreement. 7.3 Termination. This Agreement may be terminated as follows: (a) either Party may terminate this Agreement if the other Party breaches any provision of this Agreement and fails to cure such breach within 30 days after the date on which the defaulting Party receives written notice of default from the non-defaulting Party; or (b) the City may terminate this agreement subject to the process specified in Section 12.8. 7.4 Effects of Termination. Upon termination of this Agreement, all rights in the Dark Fiber System granted to Lessee shall automatically revert to Lessor, and Lessee shall have no further rights in, and shall immediately cease all use of, the Dark Fiber System. At such time, Lessee will have a reasonable time period but not less than 90 days from the date of termination to remove its equipment and facilities and the City will cooperate in any necessary transition. 8. Monthly Fee; Annual Adjustment by Notice. 8.1. Monthly Fee. Lessee shall pay to City a fee of $150.00 per demarcation point per month. The number and location of demarcation points shall be as listed in Exhibit A. Fees shall be billed monthly and are due within thirty (30) days of invoice. 8.2. Annual Fee Adjustment by Notice; Effective January 1. On an annual basis during the Initial Term, Lessor will review the Lease Fee currently charged and may adjust the Lease Fee, either up or down, to reflect an amount no more than necessary for the City to recoup its actual, documented direct costs in connection with the use of the Dark Fiber and no less than necessary to prevent the City from suffering a loss arising from its actual, documented direct costs incurred in connection with the use of the Dark Fiber. Lessor may solicit input from Lessee to negotiate, in good faith, a fair and appropriate Lease Fee. Lessor shall provide Lessee 60 days' written notice prior to adjusting the Lease Fee. 8.3. Proration for Demarcation Point Changes. If the Parties amend Exhibit A to add or remove demarcation point(s) effective mid-month, the monthly fee shall be prorated based on the number of days the demarcation point(s) are listed in Exhibit A during that month. 9. Security. Each Party is responsible for the security of its own systems and traffic. Lessee is encouraged to use encryption for sensitive data commensurate with its risk assessment and legal obligations. 10. Public Records. The Parties acknowledge that this Agreement and any records related to this Agreement may be subject to disclosure under Chapter 42.56 RCW. 11. Liability; Indemnification; Insurance. Page 4 of 8 11.1 Indemnification by Lessee. To the extent permitted by law, Lessee shall indemnify, defend and hold harmless the City, its elected and appoints officials, officers, agents, and employees from any action, claim, damage, loss, liability, cost or expense, including reasonable court costs and attorneys' fees and expenses (collectively, “Claims”), to the extent that such Claims arise out of or relate to: (a) The negligence or willful misconduct of Lessee, its agents, or employees resulting in any bodily injury or death to any person, or loss, disappearance or damage to tangible or intangible property; (b) Any failure of Lessee, its agents or employees to comply with applicable laws, rules or regulations. (c) Any Lessee Indemnifying Party’s infringement, misuse, or misappropriation of any third-party intellectual property rights. The City shall give the Lessee written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. If a Claim arises, the City or any other indemnified party shall provide the Lessee with reasonable information and assistance to help the Lessee to answer and defend Claims at Lessee's expense. The City or any other indemnified party may employ separate counsel and participate in the defense of any Claim at its own expense. 11.2 Indemnification by Lessor. To the extent permitted by law, Lessor shall indemnify, defend and hold harmless Lessee, its affiliates, and any directors, officers, agents and employees acting in an official capacity from any action, claim, damage, loss, liability, cost or expense, including reasonable court costs and attorneys' fees and expenses (collectively, “Claims”), to the extent that such Claims arise out of or relate to: (a) The negligence or willful misconduct of City, its elected and appoints officials, officers, agents, and employees acting in an official capacity (each a “Lessor Indemnifying Party”) resulting in any bodily injury or death to any person, or loss, disappearance or damage to tangible or intangible property; (b) Any Lessor Indemnifying Party’s infringement, misuse, or misappropriation of any third-party intellectual property rights. (c) Breach of any obligations by any Lessor Indemnifying Party under the Agreement. The Lessee shall give the City written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section 11. If a Claim arises, the Lessee shall provide the City with reasonable information and assistance to help the City to answer and defend Claims at the City's expense. The Lessee may employ separate counsel and participate in the defense of any Claim at its own expense. 11.3 Insurance. Page 5 of 8 (a) Throughout the term of this Agreement, the Lessee shall, at its own cost and expense, maintain comprehensive general liability and automobile liability insurance either through obtaining private coverage or via a risk pool. Lessee shall provide the Lessor certificates of said insurance designating Lessor as an additional insured, or a coverage letter indicating sufficient coverage to meet the requirements herein. (b) Such policy or policies shall permit $1,000,000.00 of general liability coverage per occurrence, and $3,000,000.00 in the annual aggregate. Such policy or policies shall be non-cancelable except upon 2 days prior written notice to the Lessor. 12. Miscellaneous Provisions. 12.1 Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Agreement. In the event that any of the provisions of the Agreement are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Agreement and may amend, repeal, add, replace or modify any other provision of the Agreement, or may terminate the Agreement. 12.2 Dispute Resolution. (a) Notice of Dispute. If either Party has a dispute under this Agreement, it shall provide written notice to the other Party. The notice shall provide a brief description of the dispute. (b) Meet and Confer. Following delivery of notice to the other Party, the Parties shall, within 7 business days from the date the notice is delivered, meet and confer to discuss and attempt, in good faith, to resolve the dispute. (c) Judicial Remedies. If the Parties fail to achieve resolution of the dispute in the above manner, either Party may then pursue any available judicial remedies. The prevailing Party in any such action shall be entitled to its attorneys' fees and costs. 12.3 Notice. Any notice or information required or permitted to be given by or to the Parties under this Agreement shall be deemed delivered on the day it is sent to the following addresses unless otherwise specified, in writing: LESSOR Bryan Terry Director of Information Technology 238 N. Olympic Ave Arlington WA 98223 LESSEE David Kraski Fire Chief 8117 267th ST NE Stanwood WA 98292 Page 6 of 8 238 N. Olympic Ave Arlington, WA 98223 legal@arlingtonwa.gov 12.4 Choice of Law/Venue. This Agreement shall be governed by and construed under Washington State laws. Any litigation between Lessor and Lessee arising under or regarding this Agreement shall occur, if in the state courts, in the Snohomish County Superior Court, and if in the federal courts, in the United States District Court for the Western District of Washington 12.5 Non-Waiver. Lessee shall not be relieved of its obligations to comply with any of the provisions of this Agreement by reason of any failure of the Lessor to enforce prompt compliance, nor does the Lessor waive or limit any of its rights under this Agreement by reason of such failure or neglect. 12.6 Entire Agreement and Effect. This Agreement constitutes the entire understanding and agreement between the Parties as to the subject matter herein and no other agreements or understandings, written or otherwise, related to this subject-matter shall be binding upon the Parties upon execution and acceptance hereof. 12.7 Conflict. This Agreement supersedes, affirms and governs previous rights or claims of Lessee to occupy the City's rights-of-way. If any term of this Agreement shall directly conflict with the code, ordinances, resolutions, rules, permits, licenses, leases, policies or standards of the City, the terms of this Agreement shall control and govern. 12.8 Forfeiture of Lease. The City reserves the right to terminate and cancel this Agreement and all rights and privileges of the Lessee hereunder in the event that the Lessee: (i) violates any provision of this Agreement or any rule, order, or determination of the City Council made pursuant to this Agreement and fails to cure same within 60 days after receiving written notice; or (ii) becomes insolvent, unable to pay its debts, or is adjudged to be bankrupt. Any termination and cancellation of the Lease by the City shall be by ordinance duly adopted only after 60 days' notice to the Lessee. Lessee shall be provided an opportunity to present information at an open public meeting before the City Council prior to any action by the City Council, including termination. 12.9 Counterparts. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated document. 12.10 No Third Party Rights. Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. 12.11 Administration. This Agreement will be jointly administered by the Lessee and the City. This Agreement does not create any separate legal or administrative entity. The City’s Page 7 of 8 Information Technology Director and the Authorities Fire Chief, respectively, shall receive and give all notices, approvals, reports and documents under this Agreement. 12.12 Financing; Budget. This Agreement does not contemplate joint financing of the activities within its scope, nor does it contemplate a joint budget. 12.13 Filing/Posting. In accordance with RCW 39.34.040, this Agreement will be filed with the Snohomish County Auditor or otherwise posted/made available for public inspection as permitted by law. IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, as of the latest date it is fully executed. CITY OF ARLINGTON By: _______________________________ Name/Title: ________________ Date: _____________________ [LESSOR NAME] By: _______________________________ Date: ____________ Name/Title: _________________________ Attest: _____________________________ City Clerk Approved as to Form: ________________ City Attorney Page 8 of 8 EXHIBIT A — ROUTE; STRANDS; DEMARCATION POINTS Demarcation # 1 – Fire Station 46 – 137 N MacLeod Ave, Arlington WA 98223 • City will provide 2 strands of Dark Fiber back to data center located at 110 E 3rd Street, Arlington WA 98223 Demarcation # 2 – Fire Station 48 – 4228 Airport Blvd. Arlington WA 98223 • City will provide 2 strands of Dark Fiber back to data center located at 110 E 3rd Street, Arlington WA 98223 City of Arlington Council Agenda Bill Item: CA # 7 Attachment G COUNCIL MEETING DATE: April 6, 2026 SUBJECT: Change Order No 2 to American Ramp Company contract for Jensen Pump Track Phase 2 American Ramp Company Change Order 2 Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $94,436.00 BUDGET CATEGORY: Park Improvement (Rotary Donations) BUDGETED AMOUNT: $456,600.00 LEGAL REVIEW: DESCRIPTION: Change Order for Phase 2 Pump Track construction of Jensen Pump Track Phase 2. After being a vital participant in the Haller Park Splash Pad project, the Rotary Club of Arlington sought to provide another recreational family project that would benefit the Arlington Community. Rotary discussed several options with the City and both agreed that the construction of a pump track at Jensen Park would be an excellent contribution to the community. The City and Rotary planned for a two-track facility, one track would be for junior or beginning pump track riders and the other a track for more experienced riders. Funding only allowed for the design and construction of the more experienced track, so the City entered into a contract with American Ramp Company for the design and construction of a single-track facility. Additional funding was received from the Stillaguamish Tribe of Indians and we would now like to amend the contract for a two-track facility. ALTERNATIVES: Approve Change Order for Phase 2 with American Ramp Company. Remand to staff for further evaluation.RECOMMENDED MOTION: I move to approve Change Order 2 to the American Ramp Company contract for construction of Phase 2 of the Jensen Pump Track and authorize the Mayor to sign the change order. City of Arlington Council Agenda Bill NB #1 Attachment April 6, 2026 Resolution Declaring Property as Surplus Resolution Finance; Debbie Strotz, Procurement / Contracts Analyst EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: being replaced. These vehicles must be formally declared surplus so they can be properly prepared for auction. Additionally, during the annual inventory review, staff identified multiple small, attractive items that have also exceeded their useful life. These items are no longer operable or salvageable and require The City has found that the most expedient way to deal with surplus vehicles and equipment that have any monetary value is to utilize the services of an on-line auction site. ALTERNATIVES: None. the resolution. RESOLUTION NO. 2026-xxx 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 trade in all items for the best available price, sell all items for the best price or properly dispose of items that it is unable to sell. Staﬀ is further authorized to dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010. Passed by the City Council of the City of Arlington at a regular meeting on this 6th day of April, 2026. _____________________________ Don E. Vanney, Mayor ATTEST: _______________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _______________________________________ Oskar Rey, City Attorney EXHIBIT A Spring 2026 ASSET ID ITEM VIN/SN PLATE MILEAGE 3557 2010 L-82 2010 Ford Crown Victoria 2FABP7BV2AX141151 51012D n/a Auction 4189 2015 L-90 2015 Ford Explorer 1FM5K8AR6FGC68669 59103D 153,775 Auction 4246 2019 L-109 2019 Dodge Durango 1C4SDJFT9KC793014 69133D 95,453 Auction Assets for Disposal (no salvageable value) 2061 1998 WW 98D0292 Inoperable 2387 2002 PD Radar Unit E24447 Inoperable 2477 2004 WW DO Meter - portable 03L0042AE Inoperable 2641 2006 PD Radar Unit XEO3579 Inoperable 2698 2007 MO Honda Mower NAKA-1040229 Inoperable 2721 2007 WW Locating equipment 11/4KRK-15023200 Inoperable 2739 2007 WW 207K01100 Inoperable 2740 2007 WW 207K01101 Inoperable 2836 2008 SW Stormwater Oxygen 08D101401 Inoperable 2841 2007 SW 207E00911 Inoperable 2843 2008 WW 207L01529 Inoperable 3054 2010 WW LG computer display/tv 005FXRF1S870 Inoperable 3617 2011 AP Two-Way Radio n/a Inoperable 3618 2011 AP Two-Way Radio n/a Inoperable 3637 2011 SW YSI 60ph Meter 11F100405 Inoperable 3697 2013 WW Trash Pump w/hose WABJ1153425 Inoperable 3698 2013 SW ISCO Stormwater Monitor 60-2004-007 Inoperable 3699 2013 SW Smart Water Lab (in case) CODE 1951-02 Inoperable 3700 2013 SW Metro Tech Utility Locator 21301081794 Inoperable 3702 2013 MO Honda water pump 006 662 862 Inoperable 3705 2014 AP Backpack Blower 297588920 Inoperable 3719 2014 WW 213M00042 Inoperable 3712 2014 WW 214A01998 Inoperable 3783 2015 AP Backpack Blower 500896309 Inoperable 4001 2015 MO LED HDTV T1114LNS39D310NA15H1 Inoperable 4123 2017 MO Air Compressor 2002867 Inoperable 4183 2019 SW 198100174 Inoperable 4252 2019 SW Turbidity Meter T-100 2902746 Inoperable 4529 2020 WW 044081891RN Inoperable 4541 2021 WW 045012454ID Inoperable 4557 2022 MO N/A Damaged 4560 2022 MO N/A Damaged 4562 2022 MO N/A Damaged 4563 2022 MO N/A Damaged 4564 2022 MO N/A Damaged 90003 2016 AP Blower 292014570 Inoperable 90006 2016 AP Extension Pole Saw 260751056 Inoperable 90011 2016 AP Weedeater 502240751 Inoperable 90012 2017 AP Water Pump GCALT3108381 Inoperable 90013 2017 AP Weedeater 505752750 Inoperable 90046 2018 MO Stihl Line Trimmer 514013421 Inoperable 90047 2018 MO Stihl Line Trimmer 514956763 Inoperable 90048 2019 MO Stihl Backpack Blower 519749243 Inoperable 90051 2019 MO Stihl Line Trimmer 519409254 Inoperable 90056 2019 PD Radar Unit XE31250 Inoperable 90057 2019 PD Radar Unit XE31251 Inoperable 90074 2016 SW A6700829 Inoperable 90163 2023 WW 014061814RN Inoperable City of Arlington Council Agenda Bill NB # 2 Attachment April 6, 2026 Authorization to apply for Recreation and Conservation Office (RCO) Youth Athletic Field Grant Musco proposal and budget estimate Maintenance and Operations, Josh Grindy, Manager BUDGET CATEGORY: Athletic Fields BUDGETED AMOUNT: $75,000 LEGAL REVIEW: DESCRIPTION: and Conservation Office for field lights for both Quake Park multi-use field AND Arlington Boys and Girls Quake Park’s multi-use field had wooden light poles that were removed 9 years ago, due to age and condition. Currently, these fields do not have any evening lighting which limits the hours of play in fall, winter, and spring. The proposed project update is to include lighting at Arlington Boys and Girls club athletic fields that currently have no history of lighting. The proposed combined project is quoted under state bid pricing from Musco lighting company for $875,000. If the State grant is approved, the City and Snohomish County Boys and Girls club will need to provide matching funds of $75,000 each for a total of $150,000. Currently, the City’s athletic field fund has $171,437.02 available for athletic field improvements and Boys and Girls club has agreed to sponsor and match funds for this grant. Do not authorize staff to apply for the Youth Athletic Facility grant with updates. I move to authorize staff to submit a grant application to the Recreation and Conservation Office for the Quake Park multi-use field & Arlington Boys and Girls club lighting project. Budget Estimate 2017, 2023 Musco Sports Lighting, LLC • M-2037-enUS-11 1 of 1 Bill Quake Multipurpose Fields – Arlington, Washington 03/18/2026 Budget Estimate – Materials Delivered to Job Site and Installation Musco’s Light-Structure System™ as described below, and delivered to the job site: Field 1 Soccer (360' × 210') & Field 2 Soccer (350' × 210') + Softball (210'/220'/210') ........... $860,000 - $875,000 Sales tax and bonding are not included. Estimate provided for budgetary purposes only. Please contact Musco when a quote is needed. Estimate is effective for 30 days unless otherwise noted and is confidential. Light-Structure System™ with Total Light Control – TLC for LED™ technology System Description – Light-Structure System™ complete from foundation to poletop in 5 Easy Pieces™ Factory-built, wired, aimed, and tested lighting system includes: • Pre-cast concrete bases • Galvanized steel poles • Factory-wired and tested remote electrical component enclosures • Pole length factory-assembled wire harnesses • Factory-aimed and assembled luminaires • UL listed as a complete system • Enhanced corrosion protection On Field Performance – control to benefit players and fans • Guaranteed light levels of 50 footcandles Softball Infield, 30 footcandles Softball Outfield and Soccer • Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Always Ready to Play – control assuring the results you expect • Product assurance and warranty program that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years. Notes Estimate is based on: • Shipment of entire project together to one location. • Voltage and phase system requirements to be confirmed. • Structural code and wind speed = 2021 IBC, 100 mph, and exposure: C, Importance Factor 1.0. • Owner is responsible for getting electrical power to the site, coordination with the utility, and any power company fees • Standard soil conditions – rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. • Confirmation of pole or luminaire locations prior to production. Thank you for considering our Team for your sports lighting needs. Please contact me with any questions. Carl Butz Musco Sports Lighting, LLC Phone: 208-501-5136 E-mail: Carl.Butz@musco.com Project # 249580 Bill Quake Multipurpose Field Arlington,WA Sales Representative: Tim Butz · Designed By: Cameron Isiminger · Design No.: 249580C · March 13, 2026 Not to be reproduced in whole or part without the written consent of Musco Lighting. ©1981, 2026 Musco Sports Lighting, LLC. Sports Illustrated Stadium, Harrison, New Jersey, USA UBS Arena, Elmont, New York, USA Tottenham Hotspur FC Training Ground, Tottenham, London, UKIowa Women of Achievement Bridge, Des Moines, Iowa, USA PROJECT SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 Bill Quake Multipurpose Field Arlington,WA LIGHTING SYSTEM Structure/Fixture Summary Structure ID Structure Height Fixt. Attachment Ht.Fixture Qty Fixture Type Load Circuit A1-A2 60'60'3 TLC-LED-550 1.62 kW D 16'1 TLC-BT-575 0.57 kW D B1 70'70'6 TLC-LED-1500 8.46 kW C 16'2 TLC-BT-575 1.15 kW D B2 60'60'3 TLC-LED-550 1.62 kW D 16'1 TLC-BT-575 0.57 kW D C1 70'70'6 TLC-LED-1500 8.46 kW C 16'2 TLC-BT-575 1.15 kW D S1-S4 70'70'1 TLC-LED-1200 1.17 kW A 70'4 TLC-LED-1500 5.64 kW A S5 S8 70'70'1 TLC-LED-1200 1.17 kW B 70'3 TLC-LED-1500 4.23 kW B 11 56 63.84 kW Circuit Summary Circuit Description Load Fixture Qty A Soccer 1 27.24 kW 20 B Soccer 2 10.80 kW 8 C Common 16.92 kW 12 D Baseball 8.89 kW 16 Fixture Type Summary Type Circuit Source Wattage Lumens L90 L80 L70 Quantity TLC-BT-575 D LED 5700K - 75 CRI 575W 52,000 >120,000 >120,000 >120,000 7 TLC-LED-1200 A LED 5700K - 75 CRI 1170W 150,000 >120,000 >120,000 >120,000 4 TLC-LED-1200 B LED 5700K - 75 CRI 1170W 150,000 >120,000 >120,000 >120,000 2 TLC-LED-1500 A LED 5700K - 75 CRI 1410W 181,000 >120,000 >120,000 >120,000 16 TLC-LED-1500 B LED 5700K - 75 CRI 1410W 181,000 >120,000 >120,000 >120,000 6 TLC-LED-1500 C LED 5700K - 75 CRI 1410W 181,000 >120,000 >120,000 >120,000 12 TLC-LED-550 D LED 5700K - 75 CRI 540W 67,000 >120,000 >120,000 >120,000 9 Single Fixture Amperage Draw Chart Driver SpeciĮcaƟons (.90 min power factor) Line Amperage Per Fixture (max draw) Single Phase Voltage 208 (60) 220 (60) 240 (60) 277 (60) 347 (60) 380 (60) 480 (60) TLC-LED-1500 8.4 7.9 7.3 6.3 5.0 4.6 3.6 TLC-LED-1200 6.9 6.5 6.0 5.2 4.2 3.8 3.0 TLC-BT-575 3.3 3.2 2.9 2.5 2.0 1.8 1.5 TLC-LED-550 3.2 3.0 2.8 2.4 1.9 1.8 1.4 Light Level Summary Calculation Grid Summary Grid Name Calculation Metric Illumination Ave Circuits Fixture QtyAveMinMaxMax/Min Ave/Min Baseball (Infield)Horizontal Illuminance 51.85 33 64 1.93 1.56 C,D 28 Baseball (Outfield)Horizontal Illuminance 33.44 20 47 2.43 1.71 C,D 28 Multiuse Spill @ 3ft.Horizontal Illuminance 0.0286 0.00 0.08 81.118 28.409 B,C,D 36 Multiuse Spill @ 5ft.Max Candela Metric 1787.4517 235.01 4362.75 18.564 7.606 B,C,D 36 Multiuse Spill @ 5ft.Max Vertical Illuminance Metric 0.0656 0.00 0.16 61.694 24.650 B,C,D 36 Soccer 1 Horizontal Illuminance 32.12 26 44 1.67 1.22 A 20 Soccer 2 Horizontal Illuminance 33.18 18 45 2.41 1.80 B,C 20 Soccer Spill @ 3ft.Horizontal Illuminance 0.0197 0.00 0.08 35.975 8.551 A 20 Soccer Spill @ 5ft.Max Candela Metric 1458.9087 278.20 3551.60 12.766 5.244 A 20 Soccer Spill @ 5ft.Max Vertical Illuminance Metric 0.0443 0.01 0.16 22.250 6.275 A 20 Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 42 35 29 27 29 35 42 44 32 31 28 31 32 44 40 31 32 31 32 31 40 35 33 30 28 30 33 35 30 31 28 26 28 31 30 29 30 28 28 28 30 29 29 30 28 28 28 30 29 30 31 28 26 28 31 30 35 33 30 28 30 33 35 40 31 32 31 32 31 40 44 32 31 28 31 32 44 42 35 29 27 29 35 42 S4 S3 S2S1 12 5 ' 116' 12 5 ' 116' 12 5 ' 116' 12 5 ' 116' SCALE IN FEET 1 : 70 0'70'140' Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GRADE ELEVATION ABOVE FIELD LEVEL FIXTURE TYPE QTY/POLE THIS GRID OTHER GRIDS 4 S1-S4 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 4 Totals 20 20 0 Above Field Level is height of fixtures above area shown Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Soccer 1 Size:360' x 210' Spacing:30.0' x 30.0' Height:3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average: 30 Scan Average:32.12 Maximum:44 Minimum:26 Avg/Min:1.22 Guaranteed Max/Min: 2.5 Max/Min:1.67 UG (adjacent pts):1.36 CU:0.70 No. of Points:84 FIXTURE INFORMATION Applied Circuits:A No. of Fixtures:20 Total Load:27.24 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 A1 A2 B2 58575458573931343426 586460585747424135312620 535959494239363532302520 4956514236333132312722 5054463733312930282420 4342393633302929272420 33363736343130302825 30363939363333323026 293742444036363533 3038434541363635 3841424542 3237 B1 C1 30' 20 ' 20' 30 ' 100' 30 ' 40' 12 0 ' 100' 24 0 ' SCALE IN FEET 1 : 40 0'40'80' Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GRADE ELEVATION ABOVE FIELD LEVEL FIXTURE TYPE QTY/POLE THIS GRID OTHER GRIDS 3 A1-A2 B2 60'-60'TLC-LED-550 3 3 0 15.5'TLC-BT-575 1 1 0 2 B1 C1 70'-70'TLC-LED-1500 6 6 0 15.5'TLC-BT-575 2 2 0 5 Totals 28 28 0 Above Field Level is height of fixtures above area shown Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Baseball Size:210'/220'/210' - basepath 60' Spacing:20.0' x 20.0' Height:3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Infield Outfield Guaranteed Average: 50 30 Scan Average:51.85 33.44 Maximum:64 47 Minimum:33 20 Avg/Min:1.56 1.71 Guaranteed Max/Min:2 2.5 Max/Min:1.93 2.43 UG (adjacent pts):1.36 1.35 CU:0.55 No. of Points:25 86 FIXTURE INFORMATION Applied Circuits:C,D No. of Fixtures:28 Total Load:25.81 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 S5 S8 36 33 27 24 27 33 36 37 33 31 29 31 33 37 34 33 30 28 31 33 34 37 36 32 31 32 35 36 39 39 32 31 31 39 39 38 39 33 30 34 39 38 37 37 33 32 36 40 36 41 35 32 33 35 37 41 39 31 29 29 33 35 42 37 30 28 29 33 38 45 34 31 24 25 31 37 37 31 25 20 18 21 26 29 13 5 ' 123' 13 5 ' 123' 13 5 ' 75' 13 5 ' 75' B1 C1 SCALE IN FEET 1 : 70 0'70'140' Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GRADE ELEVATION ABOVE FIELD LEVEL FIXTURE TYPE QTY/POLE THIS GRID OTHER GRIDS 2 B1 C1 70'-70'TLC-LED-1500 6 6 0 15.5'TLC-BT-575 2 0 2 2 S5 S8 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 3 3 0 4 Totals 24 20 4 Above Field Level is height of fixtures above area shown Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Soccer 2 Size:350' x 210' Spacing:30.0' x 30.0' Height:3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average: 30 Scan Average:33.18 Maximum:45 Minimum:18 Avg/Min:1.80 Guaranteed Max/Min: 2.5 Max/Min:2.41 UG (adjacent pts):1.44 CU:0.72 No. of Points:84 FIXTURE INFORMATION Applied Circuits:B,C No. of Fixtures:20 Total Load:27.72 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 0.01 0.00 0.01 0.01 0.05 0.08 0.08 0.07 0.03 0.01 0.01 0.00 0.01 0.02 0.02 0.02 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.02 0.020.020.000.000.010.020.060.080.080.060.020.010.000.000.020.02 0.02 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.02 0.02 0.01 S4 S3 S2S1 S5 S8 (403.00', -24.00', 0.00') SCALE IN FEET 1 : 70 0'70'140' Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GRADE ELEVATION ABOVE FIELD LEVEL FIXTURE TYPE QTY/POLE THIS GRID OTHER GRIDS 4 S1-S4 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 4 Totals 20 20 0 Above Field Level is height of fixtures above area shown Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Soccer Spill @ 3ft. Spacing:30.0' Height:3.0' above grade Illumination Summary INITIAL HORIZONTAL FOOTCANDLES Entire Grid Scan Average: 0.0197 Maximum:0.08 Minimum:0.00 CU:0.00 No. of Points:70 FIXTURE INFORMATION Applied Circuits:A No. of Fixtures:20 Total Load:27.24 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 278 602 1189 1889 2664 3552 3545 3454 2321 1659 969 449 653 1623 1712 1300 926 735 1197 1536 1524 1413 1142 670 1027 1292 1450 1563 1352 946 725 1168 1618 177011273137591399207530193539351931302127145380734410341748 1644 1187 781 917 1318 1559 1470 1304 1083 672 1145 1391 1507 1554 1227 785 893 1265 1696 1661 756 S4 S3 S2S1 S5 S8 (403.00', -24.00', 0.00') SCALE IN FEET 1 : 70 0'70'140' Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GRADE ELEVATION ABOVE FIELD LEVEL FIXTURE TYPE QTY/POLE THIS GRID OTHER GRIDS 4 S1-S4 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 4 Totals 20 20 0 Above Field Level is height of fixtures above area shown Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Soccer Spill @ 5ft. Spacing:30.0' Height:5.0' above grade Illumination Summary INITIAL CANDELA (PER FIXTURE) Entire Grid Scan Average: 1458.9087 Maximum:3551.60 Minimum:278.20 CU:0.00 No. of Points:70 FIXTURE INFORMATION Applied Circuits:A No. of Fixtures:20 Total Load:27.24 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 0.01 0.01 0.02 0.04 0.09 0.15 0.16 0.14 0.07 0.03 0.02 0.01 0.03 0.06 0.05 0.04 0.03 0.03 0.03 0.03 0.03 0.04 0.03 0.03 0.03 0.04 0.03 0.03 0.03 0.03 0.03 0.03 0.05 0.060.040.010.010.030.050.120.150.150.120.050.030.010.010.040.06 0.05 0.03 0.03 0.03 0.03 0.03 0.03 0.04 0.03 0.03 0.03 0.04 0.03 0.03 0.03 0.02 0.03 0.04 0.05 0.06 0.03 S4 S3 S2S1 S5 S8 (403.00', -24.00', 0.00') SCALE IN FEET 1 : 70 0'70'140' Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GRADE ELEVATION ABOVE FIELD LEVEL FIXTURE TYPE QTY/POLE THIS GRID OTHER GRIDS 4 S1-S4 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 4 Totals 20 20 0 Above Field Level is height of fixtures above area shown Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Soccer Spill @ 5ft. Spacing:30.0' Height:5.0' above grade Illumination Summary INITIAL MAX VERTICAL FOOTCANDLES Entire Grid Scan Average: 0.0443 Maximum:0.16 Minimum:0.01 CU:0.00 No. of Points:70 FIXTURE INFORMATION Applied Circuits:A No. of Fixtures:20 Total Load:27.24 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 S3 S2 A1 A2 B2 B1 C1 (5 7 8 . 0 0 ' , - 1 2 9 . 0 0 ' , 0 . 0 0 ' ) S5 S8 0.05 0.07 0.06 0.05 0.04 0.03 0.03 0.02 0.02 0.01 0.01 0.01 0.01 0.01 0.01 0.02 0.03 0.02 0.04 0.04 0.04 0.05 0.060.060.070.080.040.020.010.040.080.070.050.030.020.010.000.000.02 0.02 0.02 0.01 0.02 0.02 0.02 0.02 0.02 0.03 0.02 0.02 0.02 0.02 0.02 0.01 0.02 0.02 0.02 0.01 0.00 0.00 0.01 0.02 0.04 0.06 0.08 0.05 0.01 0.01 0.02 (403.00', -24.00', 0.00') SCALE IN FEET 1 : 70 0'70'140' Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Multiuse Spill @ 3ft. Spacing:30.0' Height:3.0' above grade Illumination Summary INITIAL HORIZONTAL FOOTCANDLES Entire Grid Scan Average: 0.0286 Maximum:0.08 Minimum:0.00 No. of Points:69 FIXTURE INFORMATION Applied Circuits:B,C,D No. of Fixtures:36 Total Load:36.61 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 S3 S2 A1 A2 B2 B1 C1 (5 7 8 . 0 0 ' , - 1 2 9 . 0 0 ' , 0 . 0 0 ' ) S5 S8 1983 3723 4216 3624 2770 2343 1985 1536 1022 1011 1012 781 979 1023 1139 1178 1016 701 1329 1534 1442 1558 185431073876338310559301326142633254363413827661634862495397 951 1407 1431 1114 813 1341 2505 2342 2122 1959 2180 2155 2667 1533 864 1059 1339 1450 1111 263 235 521 1149 2154 3555 4193 3556 1463 1386 1029 648 (403.00', -24.00', 0.00') SCALE IN FEET 1 : 70 0'70'140' Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Multiuse Spill @ 5ft. Spacing:30.0' Height:5.0' above grade Illumination Summary INITIAL CANDELA (PER FIXTURE) Entire Grid Scan Average: 1787.4517 Maximum:4362.75 Minimum:235.01 No. of Points:69 FIXTURE INFORMATION Applied Circuits:B,C,D No. of Fixtures:36 Total Load:36.61 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 S3 S2 A1 A2 B2 B1 C1 (5 7 8 . 0 0 ' , - 1 2 9 . 0 0 ' , 0 . 0 0 ' ) S5 S8 0.10 0.16 0.14 0.12 0.10 0.08 0.07 0.06 0.04 0.03 0.03 0.02 0.03 0.03 0.02 0.04 0.06 0.05 0.08 0.09 0.07 0.12 0.150.140.160.160.080.030.030.070.150.160.130.080.040.020.010.010.04 0.05 0.04 0.03 0.04 0.04 0.06 0.05 0.06 0.06 0.06 0.05 0.06 0.04 0.04 0.03 0.04 0.05 0.04 0.01 0.00 0.01 0.03 0.05 0.10 0.15 0.16 0.09 0.03 0.02 0.03 (403.00', -24.00', 0.00') SCALE IN FEET 1 : 70 0'70'140' Bill Quake Multipurpose Field Arlington,WA Grid Summary Name:Multiuse Spill @ 5ft. Spacing:30.0' Height:5.0' above grade Illumination Summary INITIAL MAX VERTICAL FOOTCANDLES Entire Grid Scan Average: 0.0656 Maximum:0.16 Minimum:0.00 No. of Points:69 FIXTURE INFORMATION Applied Circuits:B,C,D No. of Fixtures:36 Total Load:36.61 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. EQUIPMENT LAYOUT Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2026 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: Cameron Isiminger File #249580C 13-Mar-26 Bill Quake Multipurpose Field Arlington,WA Soccer 1 360' x 210' S4 S3 S2S1 Baseball 210'/220'/210' - basepath 60' A1 A2 B2 B1 C1 (5 7 8 . 0 0 ' , - 1 2 9 . 0 0 ' , 0 . 0 0 ' ) Soccer 2 350' x 210' S5 S8 (403.00', -24.00', 0.00') (0.00', 0.00', 0.00') SCALE IN FEET 1 : 90 0'90'180' Pole location(s)dimensions are relative to 0,0 reference point(s) Equipment Layout INCLUDES:· Baseball· Soccer 1· Soccer 2 Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. Equipment List For Areas Shown Structure Fixtures QTY STRUCTURE ID SIZE GLOBAL ELEVATION ABOVE GLOBAL LEVEL FIXTURE TYPE QTY/POLE 3 A1-A2 B2 60'-60' 15.5' TLC-LED-550 TLC-BT-575 3 1 2 B1 C1 70'-70' 15.5' TLC-LED-1500 TLC-BT-575 6 2 4 S1-S4 70'-70' 70' TLC-LED-1200 TLC-LED-1500 1 4 2 S5 S8 70'-70' 70' TLC-LED-1200 TLC-LED-1500 1 3 11 Totals 56 Single Fixture Amperage Draw Chart Driver SpeciĮcaƟons (.90 min power factor) Line Amperage Per Fixture (max draw) Single Phase Voltage 208 (60) 220 (60) 240 (60) 277 (60) 347 (60) 380 (60) 480 (60) TLC-LED-1500 8.4 7.9 7.3 6.3 5.0 4.6 3.6 TLC-LED-1200 6.9 6.5 6.0 5.2 4.2 3.8 3.0 TLC-BT-575 3.3 3.2 2.9 2.5 2.0 1.8 1.5 TLC-LED-550 3.2 3.0 2.8 2.4 1.9 1.8 1.4 Above Global Level is height of fixtures above design (0,0,0) City of Arlington Council Agenda Bill NB #3 Attachment April 6, 2026 Grant acceptance from Stillaguamish Tribe for Barricades and Trailer Product description and two quotes Administration / Police EXPENDITURES REQUESTED: Not to exceed $125,000 BUDGET CATEGORY: Grant BUDGETED AMOUNT: $125,000 LEGAL REVIEW: DESCRIPTION: and a trailer for deployment. The total grant received is $125,000. The cost of the trailer and barricades purchased from two vendors is $123,714.49. The balance will be used for licensing the trailer and incidental components. The proposed barricades will be deployed on select intersections during city events and road closures. Having a dedicated trailer for this purpose allows staff to store the trailer loaded and ready to deploy in the event of an emergency. ALTERNATIVES: purchase of the trailer and barricades not to exceed $125,000.