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HomeMy WebLinkAbout07-18-2011_Council Meeting Packet Arlington City Council July 18, 2011 – 7 PM City Council Chambers 110 E. Third Revised Agenda SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS -Washington State Department of Health Gold Certificate Award presentation to Don Smith -Chuck Morrison, Red Cross PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the July 5 & 11, 2011 meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS 1. WWTP Project Dedication Plaque ATTACHMENT B 2. Oosterwyck ROW Dedication ATTACHMENT C 3. First Amendment to Interlocal Agreement for Lobbying Services ATTACHMENT D 4. Approval of agreement with The Port Authority of New York ATTACHMENT E and New Jersey re World Trade Center Steel DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT DRAFT Page 1 of 2 Council Chambers 110 East Third July 5, 2011 City Council Members Present by Roll Call: Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Larson, Allen Johnson, Paul Ellis, Jim Chase, Fire Personnel Koontz, Kraski, and Abrahams, Jim Kelly, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Neil Knutson, Craig Christiansen, and Sarah Arney – North County Outlook Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. CONSENT AGENDA Steve Baker moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the June 20 & 27, 2011 meetings 2. Accounts Payable, Approval of: EFT Payments and Claims Checks #73905 through #74027 dated June 21, 2011 through June 30, 2011 in the amount of $715,613.50 and EFT Payments and Payroll Checks #27254 through #27279 for the period of June 1, 2011 through June 30, 2011 for $1,182,567.11 3. Ratification of Collective Bargaining Agreement with IAFF Local 3728 PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT July 5, 2011 Page 2 of 2 NEW BUSINESS 20ll AC Water Main Replacement Bid Award Public Works Director Jim Kelly gave a location of the Main Replacement and noted the contract award for Welch Brothers Construction, LLC. There were no comments or questions. Dick Butner moved to award the 2011 AC Water Main Replacement Project construction contract to Welch Brothers Construction, LLC, and authorize the Mayor to sign the contract, pending final approval by the City Attorney. Sally Lien seconded the motion which passed with a unanimous vote. Collection on Unpaid (Delinquent) Billings Finance Director Jim Chase asked for questions regarding the Delinquent Billings he had discussed at a previous meeting. There were discussions and Mr. Chase answered Council questions. Steve Baker moved to authorize the Mayor (or designee: Finance Director) to enter into a contract with a Collection Agency to pursue collection of delinquent amounts owing to the City. Sally Lien seconded the motion which passed with a unanimous vote. Memorandum of Agreement Regarding Jump Suits Contained Within the Ratification of Collective Bargaining Agreement with IAFF Local 3728 This is a Memorandum of Agreement regarding Jump Suits which was not included in the Consent Agenda item Ratification of Collective Bargaining Agreement with IAFF Local 3728 in the Police Officers’ Agreement. Attorney Steve Peiffle stated that this is an additional one page Memorandum of Agreement regarding the wearing of jump suits, and it is an additional document needing to be approved separately. Sally Lien moved to adopt this Agreement by and between the City of Arlington, Washington and the Arlington Police Officers and add it to the collective bargaining agreement. Scott Solla seconded the motion which passed with a unanimous vote. INFORMATION Mr. Johnson briefly addressed the 2011 budget and noted that good strides had been made toward decreasing the budget total. MAYOR’S REPORT Mayor Larson reported on meetings she had recently attended. Mr. Johnson briefly spoke to the Project Pegasus a newly appointed committee headed up by Mr. Washburn. COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave brief reports. EXECUTIVE SESSION City Attorney Steve Peiffle noted that there would be no need for an Executive Meeting. ADJOURNMENT The meeting was adjourned at 7:32PM. ____________________________ Margaret Larson DRAFT Page 1 of 2 Council Chambers 110 East Third Street July 11, 2011 Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, Steve Baker, Mayor Larson, Allen Johnson, Jim Chase, Paul Ellis, Jim Kelly, Bill Blake, Eric Scott, Jan Bauer, and Steve Peiffle – City Attorney Council Members Absent: There were no Council members absent. Also Known to be Present: Mayoral Candidate Ken Klein Mayor Larson called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Marilyn Oertle seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN 67th Avenue Retaining Wall Public Works Director Jim Kelly briefly addressed the 67th Avenue Retaining Wall. He then answered several Council questions. Water System Comprehensive Plan Review Mr. Kelly stated that the Water Comprehensive Plan must go through a Public Hearing again and consideration for Council adoption would occur after that. He then answered Council questions. Oosterwyck Right of Way Dedication Mr. Kelly noted the property dedication to the City and answered Council questions. COA Water Supply Plan With the use of a power point presentation Mr. Kelly reviewed the long range water supply study, and throughout the presentation he answered many Council questions. Dedication Plaque for the WWTP Upgrade & Expansion Project Mr. Kelly presented the plaque planned for presentation at the Wastewater Treatment Plant Upgrade and Expansion grand opening scheduled for August 24. FEMA Floodplain Regulations Natural Resources Manager Bill Blake gave the history and alternatives for the FEMA-managed National Flood Insurance Program and the resultant required draft code updates for which Council adoption is required by September 22, 2011. Throughout the presentation Mr. Blake answered Council questions. This will be sent out for comments and then returned for Council consideration. First Amendment to Interlocal Agreement for Lobbying Services City Administrator Allen Johnson spoke to the request for Interlocal Agreement joint funding of the SR9 Coalition lobbying activities. This will be addressed at the July 18 Council meeting. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT July 11, 2011 Page 2 of 2 Review of the Park Naming Policy Special Projects Manager Paul Ellis noted the updated Policy for Park Naming. Names for the park are being requested and suggestions for naming the Graafstra Property must be submitted before July 26. The PARC would make a name recommendation to the City Council. Miscellaneous Council items City Administrator Allen Johnson distributed the July 11, 2011 letter regarding the September 11 memorial in which Arlington firefighters are involved. He spoke to the agreement which would need Council authorization. City Attorney Steve Peiffle also addressed the issue. Mr. Johnson stated that he is pleased that Staff has brought forth so many recommendations for cutting expenses which have helped to make the 2011 budget possible. Discussion followed. The meeting was adjourned at 8:27PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT B COUNCIL MEETING DATE: July 18, 2011 SUBJECT: Dedication Plaque for the Wastewater Treatment Plant Upgrade and Expansion Project DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: • Preliminary proof attached. EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Proposed dedication plaque for the Wastewater Treatment Plant Upgrade and Expansion Project. HISTORY: It is customary to provide a dedication plaque honoring the public leaders, consultants, and contractors who guided and supported the design and construction of a major public improvement project. The Wastewater Treatment Plant Upgrade and Expansion Project is the largest public improvement project undertaken by Arlington. As such, a dedication plaque will cite the service provided by the Mayor, the City Council, the Public Works Director, the Engineering firm, the Contractor, and funding sources. ALTERNATIVES: - None RECOMMENDED ACTION: Approve of the proof and authorize staff to order the Dedication Plaque for the Wastewater Treatment Plant Upgrade and Expansion Project. CITY OF ARLINGTON WATER RECLAMATION FACILITY DEDICATED AUGUST 2011 MAYOR MARGARET LARSON COUNCIL MEMBERS STEVE BAKER LINDA BYRNES MARILYN OERTLE DICK BUTNER SALLY LIEN CHRIS RAEZER SCOTT SOLLA PUBLIC WORKS DIRECTOR : JAMES X. KELLY, PE CONTRACTOR: IMCO GENERAL CONSTRUCTION, INC. ENGINEER: KENNEDY/JENKS CONSULTANTS, INC. FUNDING SOURCES: CITY OF ARLINGTON SEWER UTILITY CAPITAL IMPROVEMENT FUNDS WASHINGTON STATE PUBLIC WORKS TRUST FUND WASHINGTON STATE DEPT. OF ECOLOGY STATE REVOLVING FUND AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 CITY OF ARLINGTON WATER RECLAMATION FACILITY DEDICATED AUGUST 2011 MAYOR MARGARET LARSON COUNCIL MEMBERS STEVE BAKER MARILYN OERTLE DICK BUTNER CHRIS RAEZER LINDA BYRNES SCOTT SOLLA SALLY LIEN PUBLIC WORKS DIRECTOR JAMES X. KELLY, PE CONTRACTOR IMCO GENERAL CONSTRUCTION, INC. ENGINEER KENNEDY/JENKS CONSULTANTS, INC. FUNDING SOURCES CITY OF ARLINGTON SEWER UTILITY CAPITAL IMPROVEMENT FUNDS WASHINGTON STATE PUBLIC WORKS TRUST FUND WASHINGTON STATE DEPT. OF ECOLOGY STATE REVOLVING FUND AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT C COUNCIL MEETING DATE: July 18, 2011 SUBJECT: Oosterwyk Right of Way Dedication DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: • Exhibit Map EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney will prepare the dedication documents upon Council Approval DESCRIPTION: Right-of-way dedication to the City of Arlington; this ROW dedication extends into the sidewalk, it does not go into the street. HISTORY: As a condition of development for the Oosterwyk Chiropractic Office and the adjacent Espresso stand, the property owner was required to dedicate the property as shown on the attached Exhibit Map for right of way. The project is complete and Staff is now recommending the acceptance of this dedication. ALTERNATIVES: • Remand to staff for additional information • Table pending additional discussion RECOMMENDED ACTION: Motion that Council accept and approve the Oosterwyk Right-of-Way dedication and authorize the City Attorney to draft the appropriate easement document for signature by the property owner. W Division St N West Ave N West Ave W Division St "Scale: Date: File Name: Cartographer: Oo sterwyk_R OWded_11.mxd 7/1/2011 lb Exhibit :N West Ave & Div ision St ROW Dedication City of Arlington 1 inch = 50 fee t Maps and GIS data are distributed “AS-IS”without warranties of any kind, eitherexpress or implied, including but not limitedto warranties of suitability for a particularpurpose or use. Map data are compiled froma variety of sources which may containerrors and users who rely upon theinformation do so at their own risk. Usersagree to indemnify, defend, and holdharmless the City of Arlington for any and all Line Stripi ng ROW Dedication Area County Parcels Approxi mate Edg e of Pavem ent City ROW County Trail R OW Approximate Building Locatio n Legend Edge of Pavement & Line Striping from Drawings by Reid Midddleton, Division St.Traffic Circle Project 2008 ROW Dedication Areas City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT D COUNCIL MEETING DATE: July 18, 2011 SUBJECT: Amended Interlocal Agreement to jointly fund lobbying activities for the SR 9 Coalition DEPARTMENT OF ORIGIN: Executive Contact: Allen Johnson, 360-403-3441 ATTACHMENTS: - Amended Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition and proposed Scope of Work with Exhibit A1. EXPENDITURES REQUESTED: BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: As previously discussed with the Council, we entered into an Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition. The parties to the agreement are the cities of Arlington, Lake Stevens, Marysville, and Snohomish. Upon execution of this amended Interlocal Agreement, the City of Marysville will continue the professional services agreement with Strategies 360 for the purpose of obtaining effective lobbying services to help secure funding for the Highway 9 improvements. The Interlocal provides for an equal split of the lobbying costs between the four cities. Council reviewed this item at the July 11th Workshop. HISTORY: The SR 9 Coalition was formed in order to secure funding for the necessary improvements to SR 9 and ensure that our best interests are represented in the decision-making processes of the Washington State Legislature and the Washington State Department of Transportation. Council member Byrnes and Public Works Director Jim Kelly serve on the SR 9 Coalition. ALTERNATIVES: -Do not fund. RECOMMENDED ACTION: I move that the City Council approve the Amended Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition. ILA Lobbying Services First Amend Exhibit A1 2011-2012 Page 1 of 5 S-10-040 Hwy9/ILA Lobbying Services First Amend Exhibit A1 2011-2012 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR LOBBYING SERVICES ADDING “EXHIBIT A1 JULY 2011 – MARCH 2012 PROPOSED SCOPE OF WORK – SR 9 COALITION” THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR LOBBYING SERVICES (“Amendment”) is made and is entered into by and between the City of Arlington, a Washington municipal corporation (“Arlington”), the City of Marysville, a Washington municipal corporation (“Marysville”), the City of Lake Stevens, a Washington municipal corporation (“Lake Stevens”), and the City of Snohomish, a Washington municipal corporation (“Snohomish”) (collectively referred to hereinafter as the “Cities”) as follows: WHEREAS, pursuant to RCW 39.34, the Cities entered into the INTERLOCAL AGREEMENT FOR LOBBYING SERVICES (“Agreement”) dated 10/12/2010; and, WHEREAS, the Cities have agreed to add to existing “Exhibit A” of the Agreement, the additional “Exhibit A1 July 2011 – March 2012 Proposed Scope of Work – SR 9 Coalition” necessitating the amendment of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, Cities mutually agree as follows: 1. “Exhibit A1 July 2011 – March 2012 Proposed Scope of Work – SR 9 Coalition” is adopted and added to the Agreement which shall be effective July 1, 2011 and shall be as attached hereto and incorporated by this reference. 2. Subject to the mutual written consent of the City Administrators, City Managers or Chief Administrative Officers of all parties hereto, the scope may be periodically revised to reflect current needs without further action of the respective City Councils so long as the revised scope does not result in exceedance of the originally authorized $45,000 contract ILA Lobbying Services First Amend Exhibit A1 2011-2012 Page 2 of 5 S-10-040 Hwy9/ILA Lobbying Services First Amend Exhibit A1 2011-2012 fee. 3. This First Amendment may be executed in counterparts, each which shall be considered same as an original. 4. Except as provided herein, all other terms and conditions of the INTERLOCAL AGREEMENT FOR LOBBYING SERVICES thereto remain in place and shall be unchanged by this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____ day of ________________, 2011. CITY OF ARLINGTON CITY OF LAKE STEVENS ____________________________ ___________________________ Margaret Larson, Mayor Vern Little, Mayor ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ____________________________ _____________________________ Kristin Banfield, City Clerk Norma Scott, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM ______________________________ ____________________________ Steven Peiffle, City Attorney Grant K. Weed, City Attorney Per Waiver CITY OF MARYSVILLE CITY OF SNOHOMISH ____________________________ ___________________________ Jon Nehring, Mayor Larry Bauman, City Manager ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: ____________________________ _____________________________ ILA Lobbying Services First Amend Exhibit A1 2011-2012 Page 3 of 5 S-10-040 Hwy9/ILA Lobbying Services First Amend Exhibit A1 2011-2012 April O’Brien, Deputy City Clerk Torchie Corey, City Clerk APPROVED AS TO FORM APPROVED AS TO FORM ______________________________ ____________________________ Grant K. Weed, City Attorney Grant K. Weed, City Attorney Per waiver Per Waiver ILA Lobbying Services First Amend Exhibit A1 2011-2012 Page 4 of 5 S-10-040 Hwy9/ILA Lobbying Services First Amend Exhibit A1 2011-2012 Exhibit A1 July 2011 – March 2012 Proposed Scope of Work – SR 9 Coalition July thru December 2011 1. Meet with staff at WSDOT, PSRC and SCCIT to get a direct gauge of the situation and begin the persuasive work that will lead to including funding for SR 9 in the proposed 2012 transportation package. 2. Attend SCCIT meetings and advocate, where appropriate, for funding for SR 9. 3. Participate, to the extent possible, in Transportation Partnership meetings and activities. 4. Meet with key members of the Legislature, including Sen. Haugen, Rep. Clibborn, Rep. Liias, Rep. Armstrong, and Rep. Billig to both advocate for SR 9 funding and to stay abreast of discussions regarding a potential funding package for transportation, which we expect to be a key subject during the 2012 Legislative session. 5. Meet with legislators from districts that include SR 9. 6. Advise SR 9 Coalition of timing for federal appropriations requests, review draft of funding proposals. 7. Provide monthly written summary. January thru March 2012 1. Monitor and report on legislative hearings, particularly those involving transportation projects and budgets. Advise of opportunities for testifying on bills. 2. Prep SR 9 representatives for testifying at legislative hearings. 3. Meet occasionally with key legislative representatives and legislators along SR 9 to remind them of the need for funding. 4. Prep SR 9 Coalition members for meetings in Washington DC with Congressional Members and staff regarding funding for SR 9. 5. Provide monthly written summary. This effort represents approximately 10 hours of work per month, perhaps more during the Legislative session. We propose doing this work at the same level/price ($1,750 per month) for July through December. In November of 2011, we should discuss what level of effort the group wants to pay for during the 2012 Legislative session. ILA Lobbying Services First Amend Exhibit A1 2011-2012 Page 5 of 5 S-10-040 Hwy9/ILA Lobbying Services First Amend Exhibit A1 2011-2012 In terms of Strategies 360 personnel, Al Aldrich will do most of the work with legislators and will be the registered lobbyist. Al will be the lead on meeting with the agencies and organizations identified in the scope of work (WSDOT, PSRC, etc.) Al and Mary Swenson both will be involved in most of the meetings with the Cities in the SR 9 Coalition, either in person or by phone. Mary will also participate in some informational meetings with legislators and meetings with other organizations (WSDOT, PSRC, etc.). Other personnel at Strategies 360 will be involved on occasion; for example, other staff who work in Olympia will be consulted for strategic ideas and information, our creative director will be involved in designing and producing any written materials, and our staff who work frequently with coalitions and campaigns will be utilized for assistance with work in that area. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT E COUNCIL MEETING DATE: July 18, 2011 SUBJECT: Letter Agreement with Port Authority of New York and New Jersey DEPARTMENT OF ORIGIN: Fire ATTACHMENTS: Letter Agreement with Port Authority of New York and New Jersey EXPENDITURES REQUESTED: None. BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has approved. DESCRIPTION: Council is asked to authorize the Fire Chief to sign the Letter Agreement with Port Authority of New York and New Jersey. HISTORY: The Fire Department has requested a piece of steel from the New York City World Trade Center destroyed in the 9/11 terrorist attack for a memorial to be erected in Station 46. The Port Authority of New York and New Jersey has approved the request, conditioned on a letter agreement containing a hold harmless agreement. COMMITTEE REVIEW AND ACTION: Considered at workshop on 7/11/2011. ALTERNATIVES: Do not authorize the Fire Chief to sign the Letter Agreement. RECOMMENDED MOTION: “I move to authorize the Fire Chief to sign the Letter Agreement with the Port Authority of New York and New Jersey.” Thursday, July 14, 2011 The Port Authority of New York and New Jersey 225 Park Avenue South New York, New York 10003 The purpose of this letter is to confirm and memorialize the full and complete legal transfer by The Port Authority of New York and New Jersey (the “Port Authority”) to Arlington Fire Department of that certain piece of steel of the former World Trade Center, identified as H-0153 in the Port Authority’s World Trade Center Archive: Artifact Inventory Report of January 31, 2007 (the “Steel”). Arlington Fire Department has requested that the Steel be made available to them, in its present condition. 1. A property interest in the above-described Steel is hereby conveyed, and full and complete legal ownership of the Steel is given. 2. The Port Authority makes no representation or warranty whatsoever as to the condition or fitness of the Steel, either express or implied, and no Commissioner, officer, agent, or employee of the Port Authority is authorized to make any representation or warranty as to the Steel. Arlington Fire Department shall have no claim against the Port Authority for any defect or other condition of the Steel and agrees to accept the Steel “as is.” There are no warranties, express or implied. 3. Arlington Fire Department agrees to defend, indemnify and hold the Port Authority, its Commissioners, officers, representatives and employees harmless from and against all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by the Port Authority and/or its Commissioners, officers, representatives and employees in any manner resulting from or arising with respect to Arlington Fire Department’s possession, use or operation of the Steel or the possession, use or operation of the Steel by any person under the control and authority of Arlington Fire Department. 4. Arlington Fire Department will be responsible for all costs of the removal and transportation of the Steel to its facility. 5. This agreement may not be assigned by either party without the approval of the other party. 6. This Agreement is subject to all the terms and conditions of either or both of a Court Order dated December 4, 2009 or July 22, 2010, of the United States District Court for the Southern District of New York, both annexed hereto. 7. Any written notice given by either party to the other under the provisions of, or with respect to, this letter agreement, shall be delivered in person, or by certified or registered mail to the following addresses: Port Authority: The Port Authority of NY & NJ 225 Park Avenue South New York, NY 10003 Attn.: Executive Director The Port Authority of NY & NJ 225 Park Avenue South New York, NY 10003 Attn.: General Counsel Arlington Fire Department: Arlington Fire Department 6231 188th Street. N.E. Arlington, WA 98223 or to such other address(es) as each party hereto may notify the other. 8. This agreement shall be governed by and construed in accordance with the laws of the State of New York. 9. The entire agreement of the parties is contained herein and no changes or modifications shall be valid or enforceable unless in writing and signed by the party to be charged therewith. 10. Neither the Commissioners of the Port Authority, nor any director, officer or employee thereof shall be held personally liable under or in connection with this letter agreement. 11. If any provision of this letter agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. To confirm the agreement of the Port Authority with the foregoing, kindly sign a counterpart of this letter in the space provided below, and return such signed counterpart to the attention of the undersigned. Very truly yours, __________________________________ Bruce A. Stedman Fire Chief Arlington Fire Department The Port Authority of New York and New Jersey By:__________________________________ Title: Executive Director