HomeMy WebLinkAbout10-17-2011_Council Meeting Packet
Arlington City Council
October 17, 2011 – 7 PM
City Council Chambers
110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the October 3 & 10, 2011 meetings ATTACHMENT A
2. Accounts Payable
3. Street Closure for Events on October 29 and November 5 ATTACHMENT B
UNFINISHED BUSINESS
NEW BUSINESS
1. Naming of Graafstra Park ATTACHMENT C
2. Authority for Mayor to sign grant contract with Dept of Commerce for ATTACHMENT D
Legion Park restrooms & authority to bid off the Small Works Roster
3. City of Arlington-Stillaguamish Tribe contract for joint maintenance work ATTACHMENT E
on Stillaguamish Avenue
4. 2012 Budget Workshop
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
October 3, 2011
City Council Members Present by Roll Call: Dick Butner, Sally Lien, Marilyn Oertle, Chris
Raezer, Linda Byrnes, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase,
Police Chief Nelson Beazley, Fire Chief Bruce Stedman, Jim Kelly, David Kuhl, Julie Good, Eric
Scott, Jeff Pitman, Roxanne Guenzler, Linda Taylor, Doug Schmidt, Debbie Strotz, Fred
Rapelyea, Monica Schlagel, Ken Clark, Elizabeth Chamberlin, Lynn Bridges, Bryan Terry, Cristy
Brubaker, Sherri Phelps, Jan Bauer, and Steve Peiffle – City Attorney
Also Known to be Present: Walt Riebe, Jim Rankin, Ken Klein, Bruce Angell, Sarah Arney –
North County Outlook, and Kirk Boxleitner – Arlington Times
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. Marilyn Oertle seconded the motion which passed
with a unanimous vote.
PUBLIC COMMENT
Sarah Arney, 209203 Avenue NE, Oso, on behalf of the Arlington Arts Council, invited all to
attend the October 8 concert and the Arts Council auction on October 15, both sponsored by the
Arlington Arts Council.
Rick Schrauck, 906 East First Street, Arlington, an avid Arlington resident bicyclist, spoke in
favor of removing the baffle gates and urged for the opening the 67th Avenue portion of the Trail
as soon as possible. He also suggested putting better signage along 67th Avenue, as he often
sees confusion along that way.
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 September 19 and 26, 2011 meetings
2. Accounts Payable
Electronic Payments and Claims Checks # 74687 through #74852 dated September 20,
2011 through September 30, 2011 in the amount of $1,027,828.96, and
Payroll Checks and Electronic Payments #27356 through #27397 for the period of
September 1. 2011 through September 30, 2011 in the amount of $1,204,885.07
3. Fire Prevention Week Proclamation
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT October 3, 2011
Page 2 of 3
PUBLIC HEARING
Medical Marijuana Moratorium
Community Development Director David Kuhl addressed the requested Moratorium on Medical
Marijuana which would afford time to study the actions of other nearby cities, as well as many
other aspects of the subject. He asked for Council questions
At 7:08 the Public Hearing was opened, and with no one wishing to speak, the Public Hearing
was immediately closed.
City Attorney Steve Peiffle suggested action be taken at this meeting.
Sally Lien moved to approve the Ordinance relating to a medical marijuana moratorium,
establishing findings and extending the time period to a full twelve months from the original date
of adoption. Dick Butner seconded the motion that passed with a unanimous vote.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Centennial Trail Award
Public Works Director Jim Kelly addressed segments of the Centennial Trail yet to be
completed. He asked for support of the requested Centennial Trail Award and he noted that
Trail signage is desperately needed.
Marilyn Oertle moved to award the construction of the 2011 Centennial Trail Improvements
Project to the lowest qualified bidder and sign the construction contract as long as accepted bid
is lower than the engineers’ project estimate, and pending final approval by the City Attorney.
Sally Lien seconded the motion that passed with a unanimous vote.
67th Avenue Project Phase III, Contract Supplement #6
Mr. Kelly spoke to the Contract Supplement, stating that additional costs are due to the length of
time the project has taken. He then answered Council questions, and discussion followed.
Dick Butner moved to authorize the Mayor to sign Supplement #6 to the City of Arlington – HDR
contract, pending final approval by the City Attorney. Marilyn Oertle seconded the motion that
passed with a unanimous vote.
67th Avenue Phase 3 Easements & Dedications
Mr. Kelly addressed the Easements and Dedications and answered Council questions.
Dick Butner moved to approve and authorize the Mayor to sign the 67th Avenue Phase 3 project
Right-of-Way, Easement, and Real Estate transactions negotiated by the City of Arlington and
their real estate transaction agent, HDR, Inc., for the S & S Diversified and the Sturgeon
Properties, pending final review by the City Attorney. Sally Lien seconded the motion that
passed with a unanimous vote.
Land Use Code Amendments – AMC Chapters 20,08, 20.40, 20.44
David Kuhl reviewed actions that the Amendments would provide and asked for Council
approval. Discussion followed.
Minutes of the City of Arlington City Council Meeting DRAFT October 3, 2011
Page 3 of 3
Steve Baker moved to adopt the Ordinance approving the amendments to Title 20 of AMC,
Chapters 20.08, 20.40 and 20.44 (PLN20110037) presented by Community Development staff
and recommended for approval by the Planning Commission. Dick Butner seconded the motion
that passed with a unanimous vote.
DISCUSSION ITEMS
2012 Budget
City Administrator Allen Johnson introduced the 2011 Budget Revenue Package including
Utility Tax, Transportation Benefit District Formation and Sales Tax distributed this
evening, and with the use of a power point presentation Finance Director Jim Chase reviewed
the Utility Tax Comparison which contained questions raised at the last meeting. Assistant City
Administrator Kristin Banfield spoke to the utility tax adoption and collection timeline, and Mr.
Kelly addressed the Transportation Benefit District Formation, taking it step by step for
explanation with Mr. Chase, Mr. Kelly and Ms. Banfield answering questions throughout the
presentation. Ms. Banfield continued with the TBD Formation and Election Timeline. Ms.
Banfield reviewed the Sales Tax Increase for Public Safety Services Timeline and the Tax
Collection Process. Throughout the presentation Mr. Kelly, Mr.Chase and Ms. Banfield
answered Council questions.
ADMINISTRATOR & STAFF REPORTS
Mr. Johnson had no report.
MAYOR’S REPORT
Mayor Larson gave a report of activities and events she had recently attended.
COUNCIL MEMBER REPORTS – OPTIONAL
Dick Butner, Marilyn Oertle, and Linda Byrnes gave brief reports, while Sally Lien, Chris
Raezer, and Steve Baker had nothing to report at this time.
EXECUTIVE SESSION
City Attorney announced that there would be need for an Executive Session for the purpose of
planning or adopting the strategy or position to be taken by the governing body during the
course of any collective bargaining, professional negotiations, or grievance or mediation
proceedings, or reviewing the proposals made in the negotiations or proceedings while in
progress (RCW 42.30.140). The session was projected to last approximately 20 minutes, with
no action taken during or after the meeting,
The meeting was adjourned into Executive Session at 8:04PM, after a 5-minute break.
RECONVENE
The meeting was reconvened at 8:35PM and with no further business to come before the
Council, the meeting was adjourned.
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 1
Council Chambers
110 East Third Street
October 10, 2011
Dick Butner Sally Lien, Marilyn Oertle, Chris Raezer, Linda Byrnes, Steve Baker, Mayor Larson, Kristin
Banfield, Jim Chase, Paul Ellis, Monica Schlagel, Elizabeth Chamberlin, Jan Bauer, and Steve Peiffle –
City Attorney
Council Members Absent: There were no Council members absent.
Also Known to be Present: Barbara Tolbert, Vickie Solla, Sarah Arney – North County Outlook
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
Naming of Graafstra Property
Assistant to the City Administrator for Special Projects Paul Ellis noted that the thirty-one submitted
names had been reviewed and voted on by the Parks, Arts and Recreation Commission. The PARC
suggested name is Country Charm Park and Conversation Area. Discussion followed.
Street Closure for Events on October 29 and November 5
Mr. Ellis reviewed the requested road closure as asked for by the Downtown Arlington Business
Association. Discussion followed.
Authority for Mayor to Sign Grant Contract with Dept of Commerce for Legion Park Restrooms &
Authority to Bid Off the Small Works Roster
Mr. Ellis spoke to the grants that had been awarded for this to be accomplished. He then distributed
plans of the proposed station. Discussion followed regarding the restroom and information center. Mr.
Ellis answered Council questions.
Miscellaneous Council Items
Chris Raezer stated that because of a death in the family he would not be attending the next Council
meeting.
ADJOURNMENT
The meeting was adjourned at 7:19PM.
____________________________
Margaret Larson, Mayor
Minutes of the Arlington
City Council Workshop
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #3
ATTACHMENT B
COUNCIL MEETING DATE:
October 17, 2011
SUBJECT:
Street Closure for Events on October 29 and
November 5
DEPARTMENT OF ORIGIN:
Recreation
Contact: Sarah Lopez, 360-403-3448
ATTACHMENTS:
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
The following events have requested a street closure:
Saturday, Oct. 29 “The Great Pumpkin Roll” First Street Hill. First Street closed from French
Ave to Olympic Ave (12-3:30pm) Sponsored by Lifeway Church.
“Holiday Open House” (Kick-off to holiday shopping season) Saturday, November 5 (3:30-
8:30pm). Street Closure requested: Olympic Ave from 3rd to 4th Street. Sponsored by
Downtown Arlington Business Association.
HISTORY:
City code requires that street closures be approved by City Council.
ALTERNATIVES:
Deny the request.
RECOMMENDED ACTION:
Approve the requested street closures.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT C
COUNCIL MEETING DATE:
October 17, 2011
SUBJECT:
Naming of Graafstra property
DEPARTMENT OF ORIGIN:
Executive
Contact: Sarah Lopez, 360-403-3448
ATTACHMENTS: PARC minutes from Sept 27 and input from public.
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: The Parks, Arts, and Recreation Commission recommends that the City
Council formerly adopt the name “Country Charm Park and Conservation Area” for the park
and conservation property formerly owned by the Graafstra family and was known as
“Country Charm Dairy”.
HISTORY:
The City solicited names for the property and received many suggestions. These suggestions
were reviewed by PARC. PARC voted at their September 27th meeting to recommend “Country
Charm Park and Conservation Area”.
ALTERNATIVES: City Council can select an alternative name for the property.
RECOMMENDED ACTION:
Adopt the name Country Charm Park and Conservation Area for the property.
Page 1 of 2
City Council Chambers
110 East Third Street
September 27, 2011 7:00PM
Commissioners Present: Carsten Mullin, Bob Leonard, Peg Lahey, and Frank Barden
Commissioners Absent: Mike Zachman, Leslie Larson and Bruce Wargo
Staff Present: Sarah Lopez – Recreation Coordinator, Paul Ellis – Capital Projects Manager,
Marilyn Oertle – City Council, and Jan Bauer – Minute Taker
Visitors: There were no visitors at the PARC meeting.
Commission Chair Leonard called the meeting to order at 7:00PM.
Commissioner Lahey moved to approve the minutes of July 26, 2011. Commissioner
Mullins seconded the motion, which was approved with a 4-0-0-3 vote.
Smoke Free Parks Presentation:
Guest- Annie Peterson, Snohomish Health District
Commissioner Leonard introduced Annie Peterson, MSW Public Health Educator from the
Snohomish Health District, Tobacco and Prevention Control. She distributed information and
then spoke to tobacco-free parks, and particularly to Arlington’s role in the Ordinance, and
reasons for regulations.
At the conclusion of her presentation Ms. Peterson answered Commission questions.
Discussion followed. It was decided that more information, perhaps from officials who deal with
enforcement issues, would be helpful.
Commissioner Barden moved recommend to the City Council to adopt the wording from the
Lake Stevens Ordinance, as follow: “It is recommended that park patrons not smoke or use
tobacco products in the parks”. Commissioner Lahey seconded the motion which passed with a
4-0-0-3 vote.
Ms. Peterson will be contacted to be present as a source of additional information when this
item appears for consideration before the City Council.
Review Name Suggestions for Country Charm Property -- Attachment
Sarah Lopez stated that it is the job of PARC members to make a name recommendation to the
City Council for the Country Charm Property. It was suggested that the name include park and
conservation area. Discussion followed.
DRAFT Minutes of the Arlington
Parks, Arts, and Recreation
Commission / Tree Board Meeting
Minutes of the City of Arlington PARC & Tree Meeting DRAFT September 27, 2011
Page 2 of 2
Commissioner Barden moved to name the Graafstra area Country Charm Park and
Conservation Area. Commissioner Lahey seconded the motion and discussion followed. The
motion passed with a 4-0-0-3 vote.
Camping Domes for Wetland Park- Bill Blake
Natural Resources Manager Bill Blake distributed information and discussed a camping dome
suggestion which would be placed in the Wetland Park and which had been presented at the
previous PARC meeting. This dome would be present as a pilot marketing plan, would be
placed by the round house at the Butler Property, and would be at no cost to the City.
Discussion followed.
Mr. Blake recommended that Commissioners view a similar dome now present in the Country
Charm area. It was decided to move forward with the project.
Centennial Trail update- Bob Leonard
Commissioner Leonard noted that portions of the Centennial Trail gap were paved today, and
the grand opening is scheduled for October 15. In addition, the north part of the Trail grand
opening is scheduled to take place on November 5. The north area where the Centennial Trail
spits off will soon be developed and will contain art work. In addition, the Centennial Trail in-
town segment has been redesigned, and that portion of the Centennial Trail will be moved to a
different location, with the vacation of Dwayne Lane Car Dealership from downtown property.
Student PARC Position Advertising
The student PARC open position has been advertised, and applications are now being received.
Tree Board Discussion- Save the Date Nov 12 Tree Planting
A continuation of the Tree Board discussion will take place at the next meeting. Bill Blake will
have a tree planting party on November 12.
September & October Events
Arts Council Auction is October 15, and money raised going to public art; a concert is scheduled
for October 8, the Hometown Halloween is October 29, and the usually held Fall York Park party
was canceled.
The meeting was adjourned at 8:09PM.
______________________________________________
Jan Bauer, Minute Taker
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT D
COUNCIL MEETING DATE:
October 17, 2011
SUBJECT:
Authorization to bid Legion Park Restrooms,
Authorization to sign state grant
DEPARTMENT OF ORIGIN:
Executive
Contact: Paul Ellis, 360-403-4603
ATTACHMENTS: none
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION: Requesting Council authorization for the restroom project at Legion Park to
go to bid. Also requesting authorization for the Mayor to sign a contract with the State
Department of Commerce for a grant to build the restroom.
HISTORY:
The City received a $106,000 grant from the state to fund the restroom project. The contract
with the State is ready to be signed. Once the contract is in place, we will be ready for the
project to go to bid.
ALTERNATIVES: Deny requests.
RECOMMENDED ACTION:
Authorize the bid process and authorize Mayor to sign contract.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT E
COUNCIL MEETING DATE:
October 17, 2011
SUBJECT: Contract between the
Stillaguamish Tribe of Indians and the City
of Arlington for the City to install an
asphalt overlay on Stillaguamish Avenue.
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS:
• Contract between the Stillaguamish Tribe of Indians and the City of Arlington
EXPENDITURES REQUESTED: $277,777.25
BUDGET CATEGORY: Transportation Improvement Fund (310)
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: Council is being asked to approve the contract between the City of Arlington
and Stillaguamish Tribe as a funding partner on the Stillaguamish Overlay Project.
HISTORY: The Stillaguamish Tribe receives funding for the maintenance and upgrades to
Arlington roads that are listed on their Indian Reservation Road (IRR) inventory. The
Stillaguamish and the City jointly determined that Stillaguamish as the IRR road in greatest need
of repair in 2011. The funding is provided to the Stillaguamish through the Federal Highways
Administration (FHWA), and the Stillaguamish is hereby partnering with the City for
completion of this work. Project estimate as follows:
$ 100,000.25 Construction Costs (Stillaguamish funding)
$ 177,777.25 Construction Costs (COA funding)
$ 277,777.25 Total Construction Contract with Lakeside Paving
ALTERNATIVES:
- Remand to staff for additional information
- Table pending further discussion
RECOMMENDED ACTION:
Motion to approve and authorize the mayor to sign contract between the Stillaguamish Tribe
and the City of Arlington for the Stillaguamish Avenue Overlay project, pending final review by
the City Attorney.
AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this ____ day of
MayOctober, 20110, by and between the Stillaguamish Tribe of Indians, hereinafter referred to
as the “STILLAGUAMISH" and the City of Arlington, a Washington municipal corporation,
hereinafter referred to as the "CITY and/or SERVICE PROVIDER".
RECITALS:
WHEREAS, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5,
(ARRA) has made funds available to the Indian Reservation Road (IRR) Program to be
administered in accordance with US Code Chapter 2 of Title 23;
WHEREAS the Indian Reservation Roads (IRR) Program is a part of the Federal
Highway Administration’s (FHWA) Federal Lands Highway (FLH) Program established in 23
U.S.C. 204 to address transportation needs of Tribes by providing funds for planning, designing,
construction, and maintenance activities, and
WHEREAS, the STILLAGUAMISH have listed many roads within the Arlington city
limits as being included in the IRR program, including Smokey Point BoulevardStillaguamish
Avenue, and
WHEREAS section 1119(g)(4) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Tribal governments may enter
into IRR Program Agreements directly with the FHWA to administer and fund the IRR Program,
and
WHEREAS, the list of eligible activities this funding can be used for and other
requirements of the is the same as those activities eligible under the IRR Program arend included
in 25 CFR, Part 170, and
WHEREAS, the STILLAGUAMISH desires to perform maintenance activities on an IRR
listed road within Arlington city limits; and
WHEREAS, the CITY is qualified and possesses sufficient skills and the necessary
capabilities, including technical and professional expertise, where required, to perform the
services and/or tasks set forth in this Agreement;
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CITY shall perform such services and accomplish such tasks, including the
furnishing of all contractors, materials and equipment necessary for full performance thereof, as
are identified and designated as CITY responsibilities throughout this Agreement and as detailed
in Exhibit "A" attached hereto and incorporated herein (the "Project").
2. Term.
The Project shall begin no sooner that April June 30, 20110, and shall be completed no
later than September December 31,30, 20110, unless sooner terminated according to the
provisions herein.
3. Compensation And Method of Payment.
3.1 Payments for services provided hereunder shall be made following the
performance of such services.
3.2 No payment shall be made for any service rendered by the CITY except for
services identified and set forth in this Agreement.
3.3 Total payments shall not exceed $1050,000.00 (one hundred fifty thousand
dollars) per the following assigned work tasks:
Construction Management $ 15,000
Construction $ 135,000
3.4 The STILLAGUAMISH shall pay the CITY for work performed under this
Agreement as follows: CITY shall submit monthly invoices detailing work
performed and expenses for which reimbursement is sought, along with all
applicable ARRA reporting information submitted on appropriate forms.
STILLAGUAMISH shall approve all invoices before payment is issued. Payment
shall occur within thirty (30) days of receipt and approval of an invoice.
STILLAGUAMISH may withhold $5,000 from the final invoice pursuant to
Paragraph 5.2 herein until final inspection and approval has been completed,
with payment of said amount within 30 days thereafter.
4. Reports And Inspections.
4.1 The CITY at such times and in such forms as the STILLAGUAMISH and/or the
FHWA IRR ARRA program may require, shall furnish to the STILLAGUAMISH
such statements, records, reports, data, and information as the STILLAGUAMISH
or the FHWA IRR ARRA program may request pertaining to matters covered by
this Agreement.
4.2 The CITY shall 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 STILLAGUAMISH or its designated authorized representative to audit
and inspect other data relating to all matters covered by this Agreement. The
STILLAGUAMISH shall receive a copy of all audit reports made by the agency or
firm as to the SERVICE PROVIDERCITY'S activities. The STILLAGUAMISH
may, at its discretion, conduct an audit at its expense, using its own or outside
auditors of the CITY’s activities which relate, directly or indirectly, to this
Agreement.
4.3 CITY, as a recipient of Recovery Act funds through the STILLAGUAMISH, will
comply with the Recovery Act’s extensive reporting requirements, including
quarterly financial and programmatic reporting due within 10 calendar days after
the end of each calendar quarter.
4.4 CITY will provide STILLAGUAMISH all reports, documentation, or other
information, as may be required by the FHWA IRR ARRA program to meet
reporting obligations under the Recovery Act.
4.5 Recipient Reports- Not later than 10 days after the end of each calendar quarter,
each recipient that received recovery funds from a Federal agency shall submit a
report to that agency that contains:
(a) The total amount of recovery funds received from that agency;
(b) The amount of recovery funds received that were expended or obligated to
projects or activities; and
(c) A detailed list of all projects or activities for which recovery funds were
expended or obligated, including:
i. The name of the project or activity;
ii. A description of the project or activity;
iii. An evaluation of the completion status of the project or
activity;
iv. An estimate of the number of jobs created and the number
of jobs retained by the project or activity; and
v. For infrastructure investments made by State and local
governments, the purpose, total cost, and rationale of the
agency for funding the infrastructure investment with funds
made available under the Recovery Act, and name of the
person to contact at the agency if there are concerns with
the infrastructure investment.
(d) Detailed information on any subcontracts or subgrants awarded by the
recipient to include the data elements required to comply with the Federal
Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), allowing aggregate reporting on awards below $25,000 or to
individuals, as prescribed by the Director of the Office of Management
and Budget.
5. Independent Contractor Relationship.
5.1 The parties intend that a mutual working relationship will be created by this
Agreement. The STILLAGUAMISH 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 CITY. The CITY will be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement. The
responsibility for any claim or suit of any nature by any third party related in any
way to the project is solely that of the CITYity.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDERCITY is an independent contractor with the authority to control and
direct the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the STILLAGUAMISH and shall
be subject to the STILLAGUAMISH’s general rights of inspection and review to
secure the satisfactory completion thereof.
6. Insurance.
6.1 The CITY is self- insured through the Washington Cities Insurance
Authority (WCIA) for comprehensive general liability coverage and will maintain
the insurance current through the term of this Agreement.
6.2 The CITY shall have all subcontractors 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 CITY’s subcontractors, agents, representatives, or
employees.
6.3 Minimum Scope of Insurance. The CITY shall have all subcontractors obtain
insurance of the types described below:
a. 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.
b. 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 subcontractor's Commercial General Liability insurance
policy with respect to the work performed for the City.
c. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
d. Professional Liability insurance appropriate to the SERVICE
PROVIDER'ssubcontractor’s profession.
6.4 Minimum Amounts of Insurance. The CITY shall have all subcontractors
maintain the following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
6.5 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability and Commercial General Liability insurance:
a. The CITY subcontractor’s insurance coverage shall be primary insurance
as respects the CITY and STILLAGUAMISH. Any insurance, self-
insurance, or insurance pool coverage maintained by the City shall be
excess of the SERVICE PROVIDERCITY's insurance and shall not
contribute with it.
b. The CITY subcontractor’s insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30)
days prior written notice by certified mail, return receipt requested, has
been given to the CITY.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
7. Treatment of Assets.
Title to all property furnished to 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, pursuant to this
Agreement.
8. Compliance with Laws.
The CITY, in the performance of this Agreement, shall comply with all applicable
federal, state or local laws and ordinances, including regulations for licensing, certification and
operation of facilities, programs and accreditation, and licensing of individuals, and any other
standards or criteria as described in this Agreement to assure quality of services.
9. Nondiscrimination.
9.1 The CITY is an equal opportunity employer.
9.2 Nondiscrimination in Employment. In the performance of this Agreement, the
CITY and its subcontractors will not discriminate against any employee or
applicant for employment on the grounds of race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical
handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved.
9.3 The CITY and its subcontractors shall ensure that applicants are employed, and
that employees are treated during employment without discrimination because of
their race, creed, color, national origin, sex, marital status, age or the presence of
any sensory, mental or physical handicap. Such action shall include, but not be
limited to: employment, upgrading, demotion or transfers, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and programs for training including apprenticeships.
9.4 The CITY and its subcontractors shall take such action with respect to this
Agreement as may be required to ensure full compliance with local, state and
federal laws prohibiting discrimination in employment.
9.5 Nondiscrimination in Services. The CITY and its subcontractors will not
discriminate against any recipient of any services or benefits provided for in this
Agreement on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap.
9.6 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The CITY and its subcontractors shall take such action as may be
required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
10. Assignment/Subcontracting.
10.1 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
11. Changes.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
12. Maintenance and Inspection of Records.
12.1 The CITY 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 STILLAGUAMISH, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this
Agreement.
12.2 The CITY shall retain all books, records, documents and other material relevant to
this Agreement, for three years after its expiration. The CITY agrees that the
STILLAGUAMISH or its designee shall have full access and right to examine
any of said materials at all reasonable times during said period.
13. Other Provisions.
13.1 If changes in state law necessitate that services hereunder be expanded, the parties
shall negotiate an appropriate amendment. If after thirty (30) days of negotiation,
agreement cannot be reached, this Agreement may be terminated by the CITY no
sooner than sixty (60) days thereafter.
13.2 Wage Rate Requirements under Section 1606 of the American Recovery and
Reinvestment Act of 2009 – Davis-Bacon Act. All laborers and mechanics
employed on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to the Recovery Act, shall be paid
wages at rates not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code (Davis-Bacon Act).
The work performed shall also be subject to the State’s prevailing wage laws,
Chapter 39.12 RCW.
13.3 Protection of Whistleblowers – An employee, or subcontractor of any non-Federal
employer receiving federal covered funds under the Recovery Act may not be
discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing, including a disclosure made in the ordinary course of an employee’s
duties, to the Accountability and Transparency Board, an inspector general, the
Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory authority over the employee (or
other person working for the employer who has the authority to investigate,
discover or terminate misconduct,) a court or grant jury, the head of a Federal
agency, or their representatives information that the employee believes is
evidence of:
a. Gross mismanagement of an agency contract or grant relating to covered
funds;
b. Gross waste of covered funds;
c. Substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
d. Abuse of authority related to the implementation or use of covered funds;
or
e. Violation of law, rule, or regulation related to an agency contract
(including the competition for or negotiation of a contract) or grant,
awarded or issued relating to covered funds.
14. Termination.
14.1 Termination for Convenience. The CITY or the STILLAGUAMISH may
terminate this Agreement, in whole or in part, at any time, by at least five (5) days
written notice to the other party.
15. Notice.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
16. 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 attorneys' fees and other costs
incurred in that action or proceeding.
17. Jurisdiction and Venue.
17.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both as
to interpretation and performance.
17.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts in Snohomish County, Washington.
18. Severability.
18.1 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.
18.2 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.
18.3 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of
any subsequent default. Waiver or breach of any provision of the Agreement
shall not be deemed to be a waiver of any other or subsequent breach and shall not
be construed to be a modification of the terms of the Agreement.
19. Indemnification.
To the fullest extent permitted by the law, the CITY expressly agrees to and shall
indemnify, defend and hold harmless the STILLAGUAMISH and its agencies, officials, agents
and employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to the CITY's or any contractor's performance or failure to perform the
Agreement. The CITY's obligation to indemnify, defend and hold harmless also includes any
claim by CITY's agents, employees, representatives or any contractor or its employees. The
CITY's obligation to defend includes payment of any costs or attorneys' fees.
CITY's obligation shall not include such claims that may be caused by the sole
negligence of STILLAGUAMISH, its officials, agents, and employees. If the claims or damages
are caused by or result from the concurrent negligence of (a) STILLAGUAMISH, its agents or
employees and (b) the CITY, its contractors, agents, or employees, this indemnity provision shall
be valid and enforceable only to the extent of the negligence of the CITY or its contractors,
agents, or employees.
20. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY OF ARLINGTON STILLAGUAMISH TRIBE OF INDIANS
____________________________ _________________________________________
Margaret Larson, Mayor Patrice Kempf, Vice Chairwoman
Attest:
____________________________________
Kristin Banfield, City Clerk