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HomeMy WebLinkAbout02-06-2012_Council Meeting Arlington City Council February 6, 2012 – 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 I’d like to call the meeting to order. Would you please stand for the Pledge of Allegiance. ROLL CALL Jan, would you please call the roll? APPROVAL OF THE AGENDA Mayor Pro Tem Oertle: I move to approve the agenda as presented 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 January 21, 2012 Council Mini-Retreat and January 23, 2012 Council Meeting 2. Accounts Payable 3. Public Art Donation Acceptance Mayor Pro Tem Oertle: I move to approve the Consent Agenda as presented PUBLIC HEARING NEW BUSINESS 1. Star Annexation - Acceptance of 10% petition and move forward on 60% Petition Staff Presentation: Todd Hall Motion: Marilyn Oertle 2. Snohomish County CPG Agreement Staff Presentation: Jim Kelly Motion: Dick Butner 3. Blue Marble Environmental Contract Amendment #4 Staff Presentation: Jim Kelly Motion: Dick Butner 4. Ordinance Amending Arlington Municipal Code 13.12 to reject the 2012 CPI Increases To City Water Rates And Charges Staff Presentation: Jim Kelly Motion: Dick Butner 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. DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS Allen, do you have an Administrator Report? MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION Steve, do we have a need for an Executive Session? RECONVENE ADJOURNMENT To download all the attachments, click here. 1 ARLINGTON CITY COUNCIL MINI-RETREAT MINUTES January 21, 2012 Attendees: - Facilitator Steve Peiffle - Councilmembers Ken Klein, Steve Baker, Marilyn Oertle, Debora Nelson, Randy Tendering, Dick Butner, and Chris Raezer - City Staff present: Mayor Tolbert, Nelson Beazley, Rob Putnam, Jim Kelly, Kristin Banfield, David Kuhl, Paul Ellis, Bryan Terry, Jim Chase, Bruce Stedman, and Allen Johnson The meeting was called to order at 9:00am by the Retreat Facilitator, Steve Peiffle. Mr. Peiffle briefly reviewed the ground rules for the retreat. How meeting agendas are set City Administrator Allen Johnson provided a brief synopsis of the agenda setting process for Council meetings. Discussion items included the addition of items on to the agenda using the “Approval of the Agenda” process and the “Miscellaneous Council Items” on the workshop agendas. Council was encouraged to provide staff with any questions they may have about an item in advance so that staff can provide the detail to all the Council members at the Council meeting. Council expressed a desire for staff to provide more detail on the cover sheets or a brief memo on the history so that everyone is on the same page. This is especially helpful when an issue or project has been discussed over many months or years. Kristin Banfield provided a brief review of the internal process for creating the draft Council agendas that are then provided to the Mayor and Mayor Pro Tem for approval. Staff noted that Council agendas are planned out as far in advance as possible to ensure that we don’t miss an important step. Council requested that they receive a print out of the future agendas on a quarterly basis. It was noted that Council will be receiving monthly financial reports and detailed quarterly presentations on our current financial position. Conduct of meeting issues Discussion was had on ensuring that our public is truly informed on what the Council is considering. It is also important for the Council to hear from the public on items that the Council is discussing. Council and the Mayor agreed to add an item to the workshop agendas to provide the public an opportunity to give input on any item on that agenda. This would help Council to receive information from the public well before an item appears on the Council agenda for action. The regular Council meeting will still include the opportunity for public comment on items not on the agenda. The City also needs to educate and inform the community that the Council Workshops are open to the public. After discussion with staff, the council will consider the option to approve an ordinance on the 2 same night as a public hearing is held. This will be done on an item by item basis, weighing factors such as level of controversy and urgency. Staff will be sure to add a motion to the cover sheet so the Council has the option available. Staff will also add the question of action or non- action for the Mayor to pose of the Council after the public hearing is closed. Mayor Tolbert reminded everyone in attendance that we need to be hard on ideas, soft on people when discussing things at Council meetings and to let a speaker finish before the responses begin. Mr. Peiffle reminded everyone that the use of your microphone will help address the situation when you may feel cut off before you have finished your statement or question. Communications to/from staff City Administrator Allen Johnson stated that the job of the City staff in part is to make sure that the Mayor and the City Council get the information necessary to make the decisions in the policy arena. Anything you need to be a good policy maker we will get it to you; there are no hidden agendas. Staff requested that questions or information requests go through the directors, so that we can be sure that the information is provided. Allen noted for the Council that the Department Directors will tell him about correspondence / questions they receive from a Councilmember or the Mayor. Ultimately you hold Allen accountable for this flow of information, so he needs to hold the Directors accountable for it. Chief Beazley reminded the group that visits from the Mayor and Councilmembers is most welcome. It would demonstrate that you care and that you are interested in what they do. Policing and the fire service have changed dramatically in the past 10 years and we welcome the opportunity to ride along with us. Visits to all departments were extended. Chief Beazley suggested that the Council should entertain a regular schedule of department updates from each department (maybe quarterly or every 6 months). Directors would love this opportunity and would provide us with an opportunity to include what has changed operationally since the last briefing. Briefings like this will be added to the agenda setting process in the coming weeks. Councilmember Nelson thanked all the Directors for the reception she has received from all of the City staff. She noted that the staff has been very welcoming, accommodating and friendly. Communications among/within Council A lengthy discussion of the Council was held regarding the use of emails and/or telephone conversations to convey information versus having discussions that could violate the Open Public Meetings Act. Steve Peiffle presented a PowerPoint prepared by Steve DiJulio of Foster Pepper regarding this very topic. Mayor Tolbert noted that her take-away from Mr. DiJulio’s presentation at a recent workshop was to remind the Council and the staff to have our discussions in the public setting where it should be happening as opposed to through emails, in the parking lot, on the phone, or others. Misc. Council issues 3 Council had a few additional issues that they would like discussion on at future workshops, including more frequent updates on the budget as well as some education so we know where to look for what you want to know, what the Council can do to help on Economic Development, when to have future Council retreats, a salary review commission for elected officials, and a review of the process for City staff salary surveys. Staff in attendance was excused at 11:50am and the Council convened a short break-out session with Mayor Tolbert, City Administrator Allen Johnson, and Facilitator / City Attorney Steve Peiffle. The meeting was adjourned at 12:20pm. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third January 23, 2012 City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, 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, Officers DeWitt, Phillips, Ventura and Cone, also Elizabeth Chamberlin and Monica Schlagel, Fire personnel Kraski, Hillis, Knepper, Ruffner, Hargroves, Honsowetz, Price, Tachell, Galbraith, Platt and Jenness, Julie Good, Jim Kelly, Kris Wallace, Cristy Brubaker, David Kuhl, Todd Hall, Bryan Terry, Sarah Lopez, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Bruce Angell – Planning Commission Chair, Kirk Boxleitner – Arlington Times, Gale Fiege – Everett Herald, Ed Aylesworth, David Duskin, Margaret Larson, Terry Marsh, Linda Byrnes, Sarah Arney – North County Outlook, Kris McDuffy – Supt. Arlington School District, Sid Logan, Mike Hopson, Cindy Huleatt, Yolada Larson, Bob Larson, Kay Duskin Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. SELECTION OF MAYOR PRO TEM The selection of a Mayor Pro Tem is a process done every two years. Dick Butner nominated Marilyn Oertle to be Mayor Pro Tem. Chris Raezer seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Shawn Yanity, Stillaguamish Tribe of Indians Shawn Yanity spoke and gave a listing of some Arlington programs supported by the Tribe. At this time he presented the City of Arlington a check for $195,000. Santa Run – Tom Cooper and Firefighter / Paramedic Hargroves Assistant Fire Chief Tom Cooper briefly spoke to the annual Santa Run, and Officer Hargroves gave the results of this 13-night special event: 6,500 pounds of food and $882 for the Food Bank. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Randy Tendering 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 Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the January #, 2012 and January 9, 2012 meetings 2. Accounts Payable EFT Payments and Claims Checks #75571 through #75639 dated December 31, 2011 through December 31, 2011 in the amount of $313,697.60, and Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT January 23, 2012 Page 2 of 4 EFT Payments and Claim Checks #75640 through #75715 dated January 4, 2012 through January 17, 2012 in the amount of $755,581.47. 3. Public Art donation acceptance 4. Acceptance of FEMA A.F.G. grant and approval to purchase Hose & Nozzles from LN Curtis PUBLIC HEARING There was no Public Hearing UNFINISHED BUSINESS There was no Unfinished Business NEW BUSINESS Adoption of an Interlocal Agreement with Snohomish County Regarding Annexation of a Portion of SR 9 and SR 531 Community Development Director David Kuhl spoke to the request and asked for Council questions. Marilyn Oertle moved to approve the Interlocal Agreement with Snohomish County regarding Annexation of a Portion of SR9 and SR532. Chris Raezer seconded the motion that passed with a unanimous vote. Ordinance Adopting SR9 ROW Annexation With the use of a power point presentation Mr. Kuhl located the site and then asked for Council approval. He then answered Council questions. Marilyn Oertle moved to approve the proposed ordinance providing for the Annexation to the City of Arlington of certain unincorporated right of way situated within Snohomish County, and repealing Ordinance 2011-010. Dick Butner seconded the motion that passed with a unanimous vote. Ordinance Adopting SR531 ROW Annexation David Kuhl referred to the projected map as he described the property. He requested Council approval of this Ordinance.. Marilyn Oertle moved to approve the proposed ordinance providing for the Annexation to the City of Arlington of certain unincorporated right of way situated within Snohomish County, and repealing Ordinance 2011-009. Chris Raezer seconded the motion that passed with a unanimous vote. Consideration of Notification of Intention to Annex - 10% Petition for Star Annexation Associate Planner Todd Hall briefly spoke to the Petition for Annexation and located the area with the use of a power point presentation. He noted the area, present zoning, and he stated that the February 6 meeting would consider acceptance of the 10% petition. Staff recommends scheduling a meeting to consider the 10% petition. He then answered Council questions. Marilyn Oertle moved to schedule a meeting with the initiating arties for the Star Annexation at the February 6, 2012 City Council meeting to decide whether to accept the 10% Petition for Annexation, whether the area would assume proportionate share of debt, whether zoning would be assumed for the annexed area, and, if approved, the proponents would be able to circulate the 60% Petition for Signatures. Chris Raezer seconded the motion that passed with a unanimous vote. Acceptance of Dedications and Easements from the Sapphire Partners Final Short Plat Todd Hall spoke to the Sapphire Final Short Plat. Marilyn Oertle moved to approve the dedication of rights-of-way, easements, sidewalks or other public facilities for the Sapphire Final Short Plat, as shown on the site plan received by the City on January 9, 2012, subject to minor changes in the descriptive language on the plat map. Ken Klein seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT January 23, 2012 Page 3 of 4 Settlement Offer from Donald W. Wright Regarding Public Records Act claim With the use of a power point presentation City Attorney Steve Peiffle presented the suit Donald W. Wright vs. the City of Arlington. He reviewed the situation and spoke to Mr. Wright’s request. Mr. Peiffle requested that the appeal be denied, and then he answered Council questions. Marilyn Oertle moved to reject Donald W. Wright’s offer to settle the Public Records Act lawsuit filed under Snohomish County Superior Court Case #11-2-07068-7 and all related appeals by payment of $500.00, and authorize the City Attorney to defend the case through all necessary appeals. ALL Councilmembers seconded the motion that passed with a unanimous vote. DISCUSSION ITEMS Mayor Tolbert spoke to the revision of procedures proposed during the recent Council Retreat regarding audience members speaking to Discussion Items. Overview of City Website With the use of an overhead demonstration Information Technology Manager Bryan Terry reviewed the City Website showing how it is navigated. He asked for Council questions. He stated that Sherri Phelps could be contacted with questions. Discussion followed. Mr. Terry encouraged Council and Community feedback. Public Art Donation Acceptance Recreation Manager Sarah Lopez spoke to the Dave Tremko request to donate a wood carved eagle to the City. This request has gone through the processes necessary for acceptance. Ms. Lopez then answered Council questions. Request to Rescind Water Rate CPI Adjustment for 2012 Public Works Director Jim Kelly spoke to his Request and reasons for deferring the scheduled water rate increases. He then answered Council questions. Snohomish County CPG Agreement (Utilities) Mr. Kelly noted the Prevention Grant and gave an overview of the waste reduction and recycling program. Mr. Kelly then answered Council questions. Blue Marble Environmental Contract Amendment Mr. Kelly spoke to the Blue Marble support of the City refuse and recycling program. He was then asked a to bring a listing of the numerous Blue Marble activities associated with the City to an upcoming meeting. Memorandum of Understanding Between Stilly Valley Little League and City of Arlington Mr. Kelly addressed the request by the Little League for the City to hold the fees to the 2011 rate in view that the Little League would be providing additional maintenance activities and taking responsibility for the grooming of the fields. He then distributed a schedule of new vs. old Stilly Valley Little League Fee rates. Mr. Kelly then answered Council questions. 4th Quarter 2011 & 2011 Year End Financials With the aid of a power point presentation Finance Director Jim Kelly reviewed information on 4th quarter and year end financials for 2011. At the conclusion of his presentation Mr. Kelly and City Administrator Allen Johnson answered Council questions. PUBLIC COMMENT ON DISCUSSION ITEMS There was no one in the audience who wished to comment on items discussed. ADMINISTRATOR & STAFF REPORTS Mr. Allen Johnson briefly spoke to the snow event, also Saturday’s Council Retreat. MAYOR’S REPORT Mayor Tolbert briefly noted some of the events she had recently attended. Minutes of the City of Arlington City Council Meeting DRAFT January 23, 2012 Page 4 of 4 COUNCIL MEMBER REPORTS Dick Butner asked about the medical marijuana meeting whereupon David Kuhl gave all a brief update, while Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker gave brief reports. EXECUTIVE SESSION City Attorney Steve Peiffle stated that there was no need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:43PM. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 COUNCIL MEETING DATE: February 6, 2012 SUBJECT: Public Art Donation- Dave Tremko, 10 ft. wood eagle/bear sculpture ATTACHMENTS: Photos of 10 ft. wood eagle / bear sculpture DEPARTMENT OF ORIGIN: Executive, Recreation Recreation: Contact Sarah Lopez, 360-403-3448 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Dave Tremko (Studio Tremko, 315. West Ave) has applied to donate a 10 ft. wood eagle/bear sculpture to the City of Arlington during the Eagle Festival. Value of artwork is $2500. He is requesting the sculpture be placed in the east round-about on Division Street. The Arts Council has agreed to pay for the concrete footing for the piece. We would need city crews to excavate and install the sculpture. HISTORY: As part of the public art procedure, this piece has been reviewed and approved by the Public Art Committee and PARC. ALTERNATIVES Deny donation request of this piece, or recommend alternate location. RECOMMENDED MOTION: accept the wood sculpture donation from Dave Tremko and direct staff to install it in the round-about on Division Street. I move to City of Arlington Council Agenda Bill Item: NB #1 COUNCIL MEETING DATE: February 6, 2012 SUBJECT: Consideration of Notification of Intention to Annex – 10% Petition for Star Annexation (PLN20110047) ATTACHMENTS: 1. Revised 10% Petition for Annexation to City of Arlington 2. Star Annexation – Addendum to Land Use Application 3. Exhibits A & B 4. Vicinity and Zoning Maps of Proposed Annexation DEPARTMENT OF ORIGIN Community Development – Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: A 10% Petition for Annexation form has been submitted for approximately 52.28 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area to the west. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. HISTORY: Ron Thomas, on behalf of The Commerce Bank of Washington (TCB) and Gray1 Washington LLC, are the proponents for the annexation request. They submitted an application for annexation/Annexation 10% Petition form on December 14, 2011. The proposed annexation had been applied for in 2006 by previous owners, but was put on indefinite hold by the City due to water/sewer incapacities at the time. The current applicants applied in 2010, but the annexation was put on hold by the City of Arlington due to review by Boundary Review Board requesting the remaining properties within UGA to be included in annexation. This came about during the recent Hilltop and Thompson Annexations which were approved in 2011. The City Council considered whether to move with a consideration for acceptance of the 10% Petition for Annexation on January 23, 2012. ALTERNATIVES 1. Approve. 2. Deny with or without prejudice. 3. Geographically modify. RECOMMENDED MOTION: I move to accept the Annexation 10% Petition form for the Star Annexation, allowing the circulation of the 60% petition for annexation, subject to the assumption of their proportionate share of the City’s bonded indebtedness and the assumption of the Comprehensive Plan Land Use Designation of General Commercial and High Density Residential and zoning of General Commercial and High Density Residential. 10% PETITION FOR ANNEXATION TO THE CITY OF ARLINGTON, WASHINGTON ANNEXATION NAME STAR ANNEXATION File No. PLN20110047 TO: City Council of the City of Arlington 238 North Olympic Avenue Arlington, Washington 98223 WE THE UNDERSIGNED, being the owners of not less than 10% in value, according to the assessed valuation for general taxation, of the real property described on the reverse, or any portion thereof, lying contiguous to the City of Arlington, Washington, do hereby petition that such territory be annexed to and made a part of the City of Arlington, Washington under the provisions of RCW 35A.14.120, et. seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Snohomish County, Washington and is described on Exhibit “A” (legal description) attached herein. WHEREFORE the undersigned respectfully petition the Honorable City Council and ask: a) That appropriate action be taken to entertain this Petition, fixing a date for a public hearing, causing notice to be published and posted specifying the time and place of such hearing and inviting all persons interested to appear and voice approval or disapproval of such annexation; and b) That following such hearing, and subsequent to approval by the Snohomish County Boundary Review Board, if such is convenient, the City Council determine by ordinance that such annexation shall be effective and that property to be annexed shall become a part of the City of Arlington, Washington subject to its laws and ordinances then and thereafter in force, including a Comprehensive Plan to become effective upon annexation if the same is provided pursuant to RCW 35A.14.330. The undersigned hereby petition the Arlington City Council to annex the property described in Exhibit “A” attached herein into the City of Arlington, with that property assuming the proportionate share of the City’s bonded indebtedness and assuming the land use designation of General Commercial and High Density Residential in the Comprehensive Plan and zoning designation of General Commercial and High Density Residential in the Arlington Municipal Code Official Zoning Map in accordance with the requirements of the City Council of said City, as noted in the minutes of entry of the records of the City Council meeting. This Petition is accompanied and has attached herein as Exhibit “B” a diagram that outlines the boundaries of the property sought to be annexed. These pages are a group of pages containing an identical text and prayer intended by the signers of this Petition to be presented and considered as one Petition and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Petition. PRAYER OF PETITION: 1. Annexation of area described in Exhibits “A” and “B;” and 2. Assumption of a proportionate share of indebtedness of the City of Arlington; and 3. Assumption of the City of Arlington Comprehensive Plan and the Unified Development Code and Official Zoning Map land use designations and zoning districts for the subject area. INSTRUCTIONS TO SIGNERS AND VOLUNTEER SOLICITORS 1. Sign your name as you sign on legal documents; married women sign “Mary D . Jones” not “Mrs. John D. Jones.” 2. Only property owners should sign. 3. The signature of a record owner, as determined by the records of the County Auditor, shall be sufficient without the signature of his or her spouse. 4. In case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse. STAR ANNEXATION CITY OF ARLINGTON, WA ADDENDUM TO LAND USE APPLICATION / ANNEXATION FORM Land Use Application references to “See Attached Addendum” as stated on the application form. The signed applicants and proponents for this annexation request are Gray1 Washington LLC and TCB Property Associates LLC (formerly the Equity Funding LLC parcels). List all property Parcel Numbers (all 14 digits) 31052400300800 31052400300700 31052400300900 31052400301000 31052500103400 31052500102200 31052500200100 Applicant – Gray1 Washington LLC 31052500201800 Applicant – TCB Property Associates LLC 31052500201900 Applicant – TCB Property Associates LLC 31052500201600 Applicant – TCB Property Associates LLC Points of Access to Property The subject parcels are accessed by two intersecting roads. 172nd Street NE provides direct access to the northern four parcels and to the parcel along its southern boundary. These parcels are owned by Zahradnik and Allen along the north side of 172nd and Gray1 Washington LLC along the south side of 172nd. 91st Avenue NE provides direct frontage access to the parcels owned by Gray1 Washington LLC, TCB Property Associates LLC, Tanis and Lindell. Four of the western most parcels front SR 9 and according to the Washington State Department of Transportation, direct site access from this state highway will not be allowed. Street or known address of property The proposed annexation includes ten tax parcels. The addresses are as follows; Owner Address Parcel Number Zahradnik, Evelyn 8911 172nd St. NE 31052400300800 Zahradnik, Evelyn 8905 172nd St. NE 31052400300700 Allen, Charlene Unknown 31052400300900 Allen, Charlene 8927 172nd St NE 31052400301000 Addendum to the application for the Star annexation to the City of Arlington, WA 1 of 3 Street or known address of property (cont.) Owner Address Parcel Number Tanis, Frank 17007 91st Ave NE 31052500103400 Lindell, Bill 1702791st Ave NE 31052500102200 Gray1 Washington LLC 9010 172nd St. NE 31052500200100 TCB Property Assoc. LLC 17020 91st Ave NE 31052500201800 TCB Property Assoc. LLC 16914 91st Ave NE 31052500201900 TCB Property Assoc. LLC 16828 91st Ave NE 31052500201600 Legal Description of Property – (source is Snohomish County Assessor’s profiles) 31052400300800 SEC 24 TWP 31 RGE 05 RT-14A-15A) W1/2 E1/2 SE1/4 SW1/4 EXC S1/2 E1/2 THOF SUBJ ESE PUD 31052400300700 SEC 24 TWP 31 RGE 05 RT-14 & 15) E1/2 E1/2 SE1/4 SW1/4 LESS S1/2 OF W1/2 THOF REFER TO 243105-3-007-0106 FOR MH ONLY 31052400300900 SEC 24 TWP 31 RGE 05 RT-15B) S1/2 W1/2 E1/2 E1/2 SE1/4 SW1/4 31052400301000 SEC 24 TWP 31 RGE 05 RT-15C S1/2 E1/2 W1/2 E1/2 SE1/4 SW1/4 EXC CO RD SUBJ ESE PUD IF ANY 31052500103400 SEC 24 TWP 31 RGE 05 RT-15B) S1/2 W1/2 E1/2 E1/2 SE1/4 SW1/4 31052500102200 SEC 25 TWP 31 RGE 05 S 69.5FT OF W 330FT OF FDT - N 264FT OF W 660FT OF NW1/4 NE1/4 EXC W 30FT FOR CO RD AKA PTN OF TR 1 OF SP307(7-77) AF NO 7709090208 31052500200100 Section 25 Township 31 Range 05 Quarter NW N1/2 N1/2 NE1/4 NW1/4 EXC PTN LY W OF SR 9 AS CONVYD TO ST OF WA REC AFN 790468 & 1206146 & ALSO EXC CO RDS ALG N & E SIDES & LESS RD R/W TO ST OF WA PER WD REC AFN 201105040323 31052500201800 Section 25 Township 31 Range 05 Quarter NW LOT 1 OF SNO CO PFN 00-100817 SP REC UND AFN 200012145001 BEING PTN NE1/4 NW1/4 SD SEC 25 LY ELY SR 9 EXC WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN 201108190182 31052500201900 Section 25 Township 31 Range 05 Quarter NW LOT 2 OF SNO CO PFN 00-100817 SP REC UND AFN 200012145001 BEING PTN S1/2 NE1/4 NW1/4 SD SEC 25 LY ELY SR 9 EXC WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN 201108190182 31052500201600 Section 25 Township 31 Range 05 Quarter NW S 300FT NE1/4 NW1/4 SD SEC 25 LY E SSH 9 AS EST BY AFN 1213644 EXC CO RD AKA LOT 2 OF SP NO ZA9004213SP REC UND AFN 9107190354 EXC WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN 201108190182 Applicant’s legal description is attached from recent survey performed by Orca Land Surveying. Addendum to the application for the Star annexation to the City of Arlington, WA 2 of 3 Addendum to the application for the Star annexation to the City of Arlington, WA 3 of 3 Approximate acreage AND square footage of property Parcel Number Acreage Square Footage 31052400300800 7.5 326,7000 31052400300700 7.5 326,700 31052400300900 2.5 108,900 31052400301000 2.5 108,900 31052500103400 .48 20,909 31052500102200 1.0 43,560 31052500200100 7.2766 316,696 31052500201800 9.42 410,335 31052500201900 7.04 306,662 31052500201600 7.06 307,534 Existing zoning of property Parcel Number Zoning 31052400300800 LDMR 31052400300700 R-7200 31052400300900 R-7200 31052400301000 LDMR 31052500103400 R-7200 31052500102200 R-7200 31052500200100 PCB 31052500201800 LDMR 31052500201900 R-7200 31052500201600 R-7200 Existing comprehensive plan designation of property 31052400300800 UMDR 31052400300700 ULDR 31052400300900 ULDR 31052400301000 UMDR 31052500103400 ULDR 31052500102200 ULDR 31052500200100 UCOM 31052500201800 UMDR 31052500201900 ULDR 31052500201600 ULDR SR 531172nd St NE 172nd St NE Portage Creek Star Annexation± City of Arlington Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but notlimited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources whichmay contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend,and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of the data presented in the maps. AirportOff rampsRail lineRest areaInterstateState RoutesMajor RoadsPrimary Roads StreetsparcelsCLIP selectionArlington_UGAENTITYCity LimitsUGA Scale:Star_Annex_8.5x11_092611.mxd 09/26/11 TH 1 inch = 477 feet Le g e n d City of Arlington Council Agenda Bill Item: NB #2 COUNCIL MEETING DATE: February 6, 2012 SUBJECT: Coordinated Prevention Grant for Waste Reduction and Recycling FY 2012-2013 ATTACHMENTS: DRAFT Coordinated Prevention Grant Sub-recipient Agreement between Snohomish County and the City of Arlington DEPARTMENT OF ORIGIN Public Works - Utilities EXPENDITURES REQUESTED: $4,837 (over two year period 2012-2013) BUDGET CATEGORY: Recycling Budget LEGAL REVIEW: DESCRIPTION: Council is being requested to approve acceptance of the above noted grant originating from the Department of Ecology and being administered by Snohomish County Solid Waste Division for the amount of $19,347 ($14,510 State Share and $4,837 City Match) to continue to fund the City’s refuse and recycling program for fiscal years 2012-2013. HISTORY: The City has been a recipient of the CPG Grant for several years which has allowed the City to provide information and outreach to Arlington’s citizens, business and schools about improved waste management practices – all of which not only reduce waste tonnage sent to landfills but reduces waste disposal costs for citizens, business and schools. The funding cycle is for a two year grant, years 2012-2013. During the 2012-2013 cycle the Department of Ecology is funding Snohomish County as a whole and the City of Arlington will be a sub-recipient of Snohomish County distributions based on population levels. Snohomish County will be the administrator of the CPG Grant for 2012-2013. The total amount of funds for Arlington over the two year period is $19,347. ALTERNATIVES - Table for further discussion - Do not accept grant RECOMMENDED MOTION: I move to approve the Snohomish County Coordinated Prevention Grant Agreement for funding for the City’s recycling program and authorize the mayor to sign the 2012-2013 grant agreement when finalized and approved by the City Attorney. COORDINATED PREVENTION GRANT SUBSUBRECIPIENT AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON THIS AGREEMENT is made and entered into by and between Snohomish County, a political subdivision of the State of Washington, hereinafter referred to as the "COUNTY”, and the city of Arlington, a Washington municipal corporation, hereinafter referred to as the "SUBRECIPIENT" utilizing Coordinated Prevention Grant funds provided by the Department of Ecology, hereinafter referred to as “ECOLOGY” . In consideration of the mutual benefits and covenants contained herein, the parties agree as follows: JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: Snohomish County 3000 Rockefeller Ave. Everett, WA 98201 COUNTY GRANT COORDINATOR: TELEPHONE: FAX: E-MAIL: Sego Jackson 425-388-6490 425-388-6490 sego.jackson@snoco.org SUBRECIPENT GRANT OFFICER: TELEPHONE: FAX: E-MAIL: Kris Wallace 360-403-3538 360-435-7944 kwallace@arlingtonwa.gov FUNDING SOURCE MAXIMUM ELIGIBLE COST STATE GRANT SHARE LOCAL SHARE STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. Local Toxics Control Account $ 19,347 $ 14,510 $ 4,837 75 % 91-6001401 EFFECTIVE DATE OF THE AGREEMENT January 1, 2012 EXPIRATION DATE OF THE AGREEMENT June 30, 2013 PART 1: SCOPE OF WORK A. Task Description: The SUBRECIPIENT and a consultant to be contracted by the SUBRECIPIENT, will provide waste reduction and recycling (WR&R) assistance and information to businesses, multi-family properties, the Arlington School District, and at public events & festivals. The SUBRECIPIENT will identify and target city businesses, multi-family properties and schools that are not currently recycling. The outreach materials and assistance will focus on increasing recycling efforts as well as preventing contamination in the recycling and organics waste streams. The SUBRECIPIENT will develop, print and distribute letters, flyers and newsletters to promote the WR&R program to this targeted audience. The SUBRECIPIENT will approach 70 of the largest waste generating non- recycling businesses and expects 18 businesses (25%) will increase or start new waste reduction and/or recycling programs. WR&R outreach efforts may coincide with city environmental efforts/programs such as water conservation, storm water management and hazardous waste management. The SUBRECIPIENT will provide recycling outreach assistance to multi-family properties including on-site assistance to the 25 largest and/or non-recycling multi-family properties and expects 10 properties (40%) will start new recycling programs, resulting in an estimated multi-family recycling participation increase from 83% to 95-100%. The SUBRECIPIENT will continue providing WR&R assistance to the Arlington School District. New and/or expanded recycling programs will occur in 4 schools. The SUBRECIPIENT will provide recycling coordination and support, including design setup and temporary recycling containers at 5 City sponsored public events such as the Arlington Fly-Inn, the Street Fair, spring/summer concerts in parks, and other public venues. To support City WR&R activities, a limited supply of bins and bags may be purchased. B. Goal Statement: The goal of this task is to increase waste reduction and recycling programs at businesses, multi-family properties, schools and at public events in the City of Arlington. C. Outcome Statement: Over the 18-month grant period, the SUBRECIPIENT expects 18 new business WR&R programs, 10 new multi-family recycling programs, 4 new and/or expanded recycling programs in the Arlington School District, and 5 recycling programs designed and setup at public events. As a result, approximately 75 tons of recyclable material will be diverted from the waste stream. D. Work Plan, Deliverables and Activities Timeline: Quarter Activity Q1 Identify target audience for business, multi-family and schools sectors. Mail promotional WR&R information to mf/business sectors. Meetings with school district and 4 schools. Q2 Outreach to business & multi-family sectors and 4 schools. Identify spring/summer public events & plan recycle needs. Q3 Outreach to business & multi-family sectors. Recycling support to summer public events. Q4 On-going outreach & follow-up WR&R for business & multi- family. Meetings with school district to assess WR&R needs for new starting school year. Q5 On-going outreach & follow-up WR&R for business & multi- family. Follow-up assistance to school district/schools as needed. Q6 On-going outreach & follow-up WR&R for business & multi- family. Setup for recycling needs at spring/summer public events. Final reporting on all sectors. E. Method of Evaluation: The SUBRECIPIENT will track and report quarterly on number of new programs started or expanded, number of participants involved, and tonnage of recyclables collected. The SUBRECIPIENT will also track the total number of outreach & follow-up contacts/visits. PART 2: BUDGET TASK Maximum Eligible Cost City of Arlington WR&R Outreach Assistance & Education $ 19,347 TOTAL MAXIMUM ELIGIBLE COST $ 19,347 STATE SHARE (75%) $ 14,510 LOCAL CASH MATCH (25%) $ 4,837 PART 3: BUDGET CONDITIONS A. The COUNTY and ECOLOGY require the SUBRECIPIENT to provide a match of 25 percent of the maximum eligible cost with cash. B. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this Agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a grant application). C. The SUBRECIPIENT must submit a written request to the COUNTY to amend budgets between grant tasks, to modify a scope of work, or for a budget increase or decrease. To increase or decrease the Agreement’s total maximum eligible cost or change the scope of work for any tasks as outlined in this Agreement, the COUNTY requires a formal amendment. D. The SUBRECIPIENT must provide the COUNTY with an updated Spending Plan when requested by the COUNTY. E. Any work performed or costs incurred prior to the effective date or after the expiration date of this Agreement will be at the sole expense of the SUBRECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by the COUNTY, the SUBRECIPIENT shall submit a payment request to the COUNTY quarterly (by calendar year). 2. The SUBRECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19-1A, B1/B2, C1/C2. The SUBRECIPIENT must submit an A-19 signed in blue ink by an authorized person. The B2 and C2 forms are acceptable in electronic format. The SUBRECIPIENT must also include all backup documentation to support items listed on Form C1/C2. The budget is organized by task and therefore, the SUBRECIPIENT shall itemize costs by task on Form C1/C2 and Form B1/B2. Forms B1 and C1 are used only when interlocal costs are used towards the 25% match. 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY’S Administrative Requirements for SUBRECIPIENTs of ECOLOGY Grants and Loans, ECOLOGY Publication #91-18. B. REPORTING 1. The SUBRECIPIENT shall submit a progress report with each payment request quarterly unless otherwise approved by the COUNTY. These reports shall include activities that support incurred costs shown on the C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste Information Clearinghouse. The quarterly report must be submitted before the COUNTY can process a payment request. 2. SUBRECIPIENT must submit a final report of task outcomes through the Solid Waste Information Clearinghouse. The final report must be submitted before the COUNTY can process a final payment request. C. DOCUMENTATION 1. The SUBRECIPIENT shall submit supporting documents with each payment request. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and any document deemed relevant by the COUNTY to establish the approval of an expense listed on Form C1/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form C1/C2. 2. The SUBRECIPIENT shall maintain grant related material and supporting documents including invoice vouchers sent to the COUNTY in a common file. The SUBRECIPIENT shall keep all supporting documents for audit purposes for at least three years from the date the Agreement is closed by the COUNTY. 3. The SUBRECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time accounting document approved by the COUNTY, to record staff hours being charged to the grant. D. TRAINING The SUBRECIPIENT agrees to participate in any ECOLOGY or COUNTY recommended trainings related to managing a CPG agreement. E. MINORITY AND WOMEN’S BUSINESS PARTICIPATION The SUBRECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the SUBRECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this Agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. f) The SUBRECIPIENT should report payments made to qualified firms to the COUNTY at the time of submitting each invoice. Please include the following information on ECOLOGY provided form (Form D): 1) Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub- subcontractors. 2) The total dollar amount paid to qualified firms under this invoice. F. PROCUREMENT AND CONTRACTS a) The SUBRECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; SUBRECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans – Yellow Book, ECOLOGY Publication #91-18 (Revised September 2005). b) Upon issuance, the SUBRECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this Agreement to the COUNTY’S grant officer. c) Prior to contract execution, the SUBRECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the COUNTY’S grant officer for review. Following the contract execution, the SUBRECIPIENT shall submit a copy of the final contract to the COUNTY’s assigned grant officer. d) Unless a specific purchase of equipment or real property is already written into the grant agreement, the SUBRECIPIENT must submit a written request to the COUNTY to purchase any equipment or real property (Property) with a single unit purchase price of $5,000 or more. The request shall include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by the COUNTY prior to the purchase. G. USE OF EXISTING CONTRACTS The SUBRECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The SUBRECIPIENT shall notify the COUNTY if it used contracts entered into prior to the execution of this Agreement for performance of grant-funded activities. The SUBRECIPIENT shall submit a copy of the contract to its assigned the COUNTY grant officer. The grant eligibility of products or services secured by the SUBRECIPIENT under existing contracts used to perform the scope of work in this Agreement must be deemed allowable and reasonable by the COUNTY prior to cost reimbursement. H. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION The SUBRECIPIENT must develop an inventory control system, including physical inventory to document the ongoing use, a serial or vehicle identification number (VIN) and location of the equipment. The inventory shall be submitted to the COUNTY annually while the equipment is in use. The SUBRECIPIENT shall investigate, document, and report to the COUNTY any loss, theft or damage upon discovery of such conditions. The SUBRECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. The SUBRECIPIENT shall submit a written request to the COUNTY for any intent to change the use of the equipment as outlined in this Agreement, including uses past the expiration date of this Agreement. Disposition of the equipment shall be determined by the COUNTY and documented in writing. A copy of the determination will be provided to the SUBRECIPIENT upon the COUNTY’s closure of this Agreement. o If the equipment is necessary for the continued operation of the project or other projects administered through the COUNTY, the grant officer may instruct the SUBRECIPIENT to retain the equipment with no further compensation to the COUNTY. o If the project has no further significant use for the equipment, the grant officer may instruct the SUBRECIPIENT to retain or sell the equipment and pay the COUNTY an amount equal to the COUNTY’s share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the SUBRECIPIENT to transfer title to the COUNTY or to a third party named by the COUNTY who is eligible under existing statutes. I. ALL WRITINGS CONTAINED HEREIN This Agreement, including the “General Terms and Conditions,” Program Guidelines – Coordinated Prevention Grants 2012-2013, and ECOLOGY’S Administrative Requirements for Recipients of Ecology Grants and Loans, ECOLOGY Publication #91- 18, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this Agreement shall be of any force or effect unless in writing, signed by authorized representatives of the SUBRECIPIENT and the COUNTY and made part of this Agreement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The SUBRECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. SUBRECIPIENT shall immediately cease work and notify the COUNTY if any archeological or cultural resources are found while conducting work under this Agreement. In the event that historical or cultural artifacts are discovered at the project site, the SUBRECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the SUBRECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). K. ENVIRONMENTALLY PREFERRABLE PURCHASING In a joint effort to save costs, produce energy savings and prevent waste, the SUBRECIPIENT agrees to use both sides of paper sheets for copying and printing. The SUBRECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content whenever it is comparable in quality, availability and price. PART 5: GENERAL TERMS AND CONDITIONS A. SUBRECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the SUBRECIPIENT and SUBRECIPIENT's employees. The SUBRECIPIENT shall only use contractor/consultant assistance if that has been included in the Agreement’s final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The SUBRECIPIENT must ensure that all contractors comply with the terms and conditions of this Agreement. C. THIRD PARTY BENEFICIARY The state of Washington is named as an express third-party beneficiary of this Agreement with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. The SUBRECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the the COUNTY or ECOLOGY. E. ASSIGNMENTS No right or claim of the SUBRECIPIENT arising under this Agreement shall be transferred or assigned by the SUBRECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The SUBRECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the SUBRECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the COUNTY that all approvals and permits have been secured, and make copies available to the COUNTY upon request. 2. Discrimination. The COUNTY and the SUBRECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The SUBRECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. 3. Wages and Job Safety. The SUBRECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The SUBRECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the SUBRECIPIENT fails to comply with such laws, the COUNTY shall have the right to immediately terminate this Agreement for cause as provided in Section K.1, herein. G. KICKBACKS The SUBRECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The SUBRECIPIENT shall maintain complete program and financial records relating to this Agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this Agreement shall be maintained by the SUBRECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the COUNTY or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the SUBRECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this Agreement and any equipment purchased, shall be made available to the COUNTY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. SUBRECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the SUBRECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The SUBRECIPIENT must forward a copy of the audit along with the SUBRECIPIENT’S response and the final corrective action plan to the COUNTY within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The SUBRECIPIENT shall submit progress reports to the COUNTY with each payment request or such other schedule as set forth in the Special Conditions. The SUBRECIPIENT shall also report in writing to the COUNTY any problems, delays or adverse conditions which will materially affect its ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the COUNTY to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty (20) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once quarter. Each request for payment will be submitted by the SUBRECIPIENT on State voucher request forms provided by ECOLOGY along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the SUBRECIPIENT and approved as satisfactory by the COUNTY and ECOLOGY Project Officers. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and Loans", part IV, published by ECOLOGY. A copy of this document shall be furnished to the SUBRECIPIENT. When payment requests are approved by the COUNTY and ECOLOGY, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the COUNTY and directed to the Project Officer assigned to administer this Agreement. 2. Period of Compensation. Payments shall only be made for actions of the SUBRECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this Agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The SUBRECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement and within ten (10) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The COUNTY may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the SUBRECIPIENT's performance. Monies withheld by the COUNTY may be paid to the SUBRECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the COUNTY's sole discretion, such payment is reasonable and approved according to this Agreement and, as appropriate, upon completion of an audit as specified under section J.6 herein. 5. Unauthorized Expenditures. All payments to the SUBRECIPIENT may be subject to final audit by the COUNTY or ECOLOGY and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the COUNTY by the SUBRECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the SUBRECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work herein. K. TERMINATION 1. For Cause. The obligation of the COUNTY to the SUBRECIPIENT is contingent upon satisfactory performance by the SUBRECIPIENT of all of its obligations under this Agreement. In the event the SUBRECIPIENT unjustifiably fails, in the opinion of the COUNTY, to perform any obligation required of it by this Agreement, the COUNTY may refuse to pay any further funds thereunder and/or terminate this Agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the SUBRECIPIENT under this Agreement, at the option of the COUNTY, shall become COUNTY property and the SUBRECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the SUBRECIPIENT shall not be relieved of any liability to the COUNTY for damages sustained by the COUNTY and/or the State of Washington because of any breach of agreement by the SUBRECIPIENT. The COUNTY may withhold payments for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the SUBRECIPIENT is determined. 2. Insufficient Funds. The obligation of the COUNTY to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this Agreement crosses over state or COUNTY fiscal years, the obligation of the COUNTY is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this Agreement as provided in paragraph K.1 above. When this Agreement crosses the SUBRECIPIENT's fiscal year, the obligation of the SUBRECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the SUBRECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the COUNTY from demanding repayment of ALL funds paid to the SUBRECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the SUBRECIPIENT fails to commence work on the project funded herein within four months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, the COUNTY reserves the right to terminate this Agreement. L. WAIVER Waiver of any SUBRECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this Agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of the COUNTY. M. PROPERTY RIGHTS 1. Copyrights and Patents. When the SUBRECIPIENT creates any copyrightable materials or invents any patentable property, the SUBRECIPIENT may copyright or patent the same but the COUNTY and ECOLOGY retain a royalty-free, nonexclusive and irrevocable licenses to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. 2. Publications. When the SUBRECIPIENT or persons employed by the SUBRECIPIENT use or publish information of the COUNTY or ECOLOGY; present papers, lectures, or seminars involving information supplied by the COUNTY or ECOLOGY; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the COUNTY or ECOLOGY. 3. Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the COUNTY in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the COUNTY. When the COUNTY provides personal property directly to the SUBRECIPIENT for use in performance of the project, it shall be returned to the COUNTY prior to final payment by the COUNTY. If said property is lost, stolen or damaged while in the SUBRECIPIENT's possession, the COUNTY shall be reimbursed in cash or by setoff by the SUBRECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this Agreement, the SUBRECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The SUBRECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this Agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the SUBRECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this Agreement to uses other than those for which assistance was originally approved without prior written approval of the COUNTY. Such approval may be conditioned upon payment to the COUNTY of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington’s natural resources and ecosystems, the SUBRECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO SUBRECIPIENT The right of the SUBRECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this Agreement including the satisfactory completion of the project described in the Scope of Work. In the event the SUBRECIPIENT fails, for any reason, to perform obligations required of it by this Agreement, the SUBRECIPIENT may, at the COUNTY's sole discretion, be required to repay to the COUNTY all grant/loan funds disbursed to the SUBRECIPIENT for those parts of the project that are rendered worthless in the opinion of the COUNTY by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the COUNTY demands repayment of funds. If payments have been discontinued by the COUNTY due to insufficient funds as in Section K.2 above, the SUBRECIPIENT shall not be obligated to repay monies which had been paid to the SUBRECIPIENT prior to such termination. Any property acquired under this Agreement, at the option of the COUNTY, may become the COUNTY'S property and the SUBRECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this Agreement by the SUBRECIPIENT shall be subject to the review and approval of the COUNTY through the Project Officer or other designated official to whom the SUBRECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The SUBRECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the SUBRECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the SUBRECIPIENT mails or otherwise furnishes to the Director of the COUNTY’S Solid Waste Division, Department of Public Works, a written appeal. In connection with appeal of any proceeding under this clause, the SUBRECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Snohomish County. Pending final decision of a dispute hereunder, the SUBRECIPIENT shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this Agreement who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. S. INDEMNIFICATION 1. The COUNTY shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. T. GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. PART 6: DEPARTMENT OF ECOLOGY/SNOHOMISH COUNTY GRANT Exhibit A, Grant No. G1200_______, is attached hereto and incorporated into this Agreement herein. The SUBRECIPENT shall comply with all provisions of Exhibit A as applicable to the tasks to be performed by the SUBRECIPENT described herein, except as revised by this Agreement. PART 7: ORDER OF PRECEDENCE In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. The Terms and Conditions contained in this Agreement; 2. Exhibit A, Grant No. G1200_______; 3. Any other provisions of the Agreement, whether incorporated by reference or otherwise. PART 8: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. Snohomish County City of Arlington Mathew Zybas, Director Date ______________________, Date Solid Waste Division [Title] APPROVED AS TO FORM: APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney Date City Attorney Date Exhibit A – Grant No. G1200_______ City of Arlington Council Agenda Bill Item: NB #3 COUNCIL MEETING DATE: February 6, 2012 SUBJECT: Amendment to existing contract with Blue Marble Environmental for continuing support of the City refuse and recycling program through 2012-2013 • ATTACHMENTS: - Contract Amendment #4 to Professional Services Agreement - Summary of work performed by Blue Marble Environmental DEPARTMENT OF ORIGIN Public Works - Utilities EXPENDITURES REQUESTED: Funded from CPG Grant monies BUDGET CATEGORY: 2012-2013 Recycling Budget LEGAL REVIEW: DESCRIPTION: Staff is requesting Council approve an amendment to the existing Blue Marble Environmental contract to continue to provide refuse and recycling services through 2012-2013 in accordance with the program details contained in the current Coordinated Prevention Grant (CPG). HISTORY: The City has applied for and received a Department of Ecology CPG grant for several years for coordinated refuse and recycling outreach and education efforts. During this time the City has contacted with Blue Marble Environmental to provide technical assistance with completing the requirements of the CPG grant funded recycling program. This assistance includes education and outreach efforts for commercial recycling, multi-family recycling, and working with the school district. This amendment to the existing contract will authorize those services for the 2012-2013 CPG grant term. ALTERNATIVES - Table for further discussion - Do not renew contract RECOMMENDED MOTION: I move to authorize the Mayor to sign contract Amendment #4 to the Professional Services Agreement with Blue Marble Environmental for the 2012-2013 grant cycle. 01/31/12 2:39 PM \\arlington\city\PW_Admin\Contracts\Blue Marble\Blue Marble Contract Amend 4 (2-06-12).doc Contract Amendment No. 4 to Professional Services Agreement Between Blue Marble Environmental, LLC and City of Arlington for City of Arlington Waste Prevention Recycling Program In accordance with our Professional Services Agreement between the City of Arlington and Blue Marble Environmental, LLC dated January 3, 2006, this is an authorization to revise and amend the original contract as described below effective this _____ day of ___________, 2012. The work will be performed and invoiced in accordance with the terms and conditions listed in the Original Agreement. It is mutually agreed that the above referenced agreement is amended as follows: AMENDMENT Section 1.1: Contractor shall perform services in accordance with the “Coordinated Prevention Grant SubSubRecipient Agreement between Snohomish County and The City of Arlington”, which is included with this amendment as Attachment A, and considered the revised Scope of Work for the City of Arlington 2012-2013 Waste Prevention and Recycling Program. Section 2.1: City shall pay Contractor an hourly rate of $80.00, plus verified expenses, for a total authorized amount not to exceed $19,347.00. Section 4.3: Contractor’s work authorized by this amendment shall be performed in accordance with the Coordinated Prevention Grant that the City received from the Department of Ecology for years 2012-2013, being administered by Snohomish County for a total eligible cost of $19,347.00 with State Grant Share of $14,510 (75%) and City of Arlington share of $4,837 (25% match). Section 6.1: The Public Works Director’s Designee shall be Kris Wallace, Public Works Staff Accountant. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Except as modified herein, the contract between the parties dated January 3, 2006 shall remain in full force and effect. Blue Marble Environmental, LLC. City of Arlington Signature: Signature: Title: Title: Date: Date: City of Arlington Public Works Memo To: Mayor Tolbert, City Council From: James Kelly cc: Allen Johnson Date: February 6, 2012 Re: City of Arlington Waste Reduction and Recycling Program Blue Marble Environmental LLC has provided waste reduction, recycling, composting, and public environmental education community programs since 2000, serving cities of Arlington, Marysville, Everett, Shoreline, Kirkland, Auburn, Seattle, and Snohomish and King Counties. The following is a brief summary of City of Arlington’s waste reduction and recycling program that has been developed and coordinated through Blue Marble Environmental. Watershed Protection Program: The Arlington Airport Watershed Protection Program was developed to inform and educate the airport industrial community about Best Management Practices that would help prevent pollution and preserve the quality of local watershed feeding the aquifer that supplies the City’s drinking water. The City of Arlington was awarded a Municipal Gold Achievement Award and the “overall best of the best” award by the Association of Washington Cities for its Airport Watershed Protection Program. A multi-jurisdictional task force was formed which included City departments (water, wastewater, natural resources, and storm-water), Snohomish County Solid Waste, Snohomish Health District, and Washington State Department of Ecology for the purpose of conducting assistance visits to businesses that operate at or near the Arlington Airport. Outreach consisted of teams of two representatives that conducted surveys of businesses and provided information and assistance in the areas of:  Solid and Hazardous Waste Management  Wastewater Management  Surface Water Management  Water Conservation Practices  Pollution Prevention Opportunities  Page 2 One hundred fifty-nine businesses participated in the Arlington Airport Watershed Protection Program. Teams spent 30 minutes, on average, with each business discussing watershed Best Management Practices and completing an informational survey. The majority of businesses developed better storage systems for hazardous waste, updated spill response kits and utilized the County’s Moderate Risk Waste Facility as a result of program interaction. Commercial Food & Organics Composting: An organics (food, yard waste, wood, organic material) outreach program was developed to provide assistance to food service businesses such as restaurants, grocery stores, coffee shops, institutional cafeterias, schools, etc., in starting or expanding food waste composting programs. Partners included the Washington State Department of Ecology (CPG grant funding), City of Arlington (with composting & recycling consulting staff), Snohomish County Solid Waste Management Division, Cedar Grove Organics, and Waste Management Northwest. A target group of seventy-four (74) food service businesses in the City of Arlington was identified for program promotion and outreach. Promotional materials were developed and mailed to the target audience by the City, Snohomish County, Cedar Grove Organics, and Waste Management Northwest. Field work occurred and consisted of site visits to the target audience, follow-up site visits, telephone calls and emails. Cost savings proposals from starting composting programs were developed and delivered to business owners and managers. Participating businesses received first month service free, “Slim Jim” 23 gallon compost containers, compostable bags, Green business recognition plaques, and new program compost employee trainings. Program results include:  30% of the target audience (22 businesses) started food waste compost programs resulting in more than 115 tons of organic waste being diverted from the landfill by participating business.  53 Slim Jim containers and 47 boxes of compostable bags (grant funded through Snohomish County), were distributed to participating businesses to support food waste and organic compost programs.  Participating realized a cost savings by recycling more and sending less waste to landfills. Commercial Recycling Program: Similar to the commercial food & organics program, outreach efforts have and continue to target city businesses for solid waste reduction through recycling programs. Assistance was provided coordinating new free recycling programs for all city businesses through the City’s solid waste contract with Waste Management. Beginning in September 2010, all city businesses were provided access to two FREE 96 gallon single stream blue recycling carts. Outreach and promotion efforts were coordinated with Waste Management and city businesses received promotional mailings, site visits, and assistance starting new recycling programs. New recycling programs were started in 109 city businesses representing a weekly recycling diversion of 85 cubic yards from participating businesses. This program helped reduce the amount of waste the businesses send to landfills, thereby also reducing their waste disposal costs.  Page 3 Multi-Family Recycling Program: There are approximately 75 multi-family properties in the City of Arlington. New solid waste contract language was developed and adopted such that all city multi-family properties would have recycling fees included with solid waste service fees – similar to city single family homes recycling and solid waste program rate structures. Following outreach and education support to multi-family property owners, managers and tenants, recycling participation in the city’s multi-family community increased from 25% to 95% and saved on waste disposal costs. Using grant funds, 5 gallon in-unit recycling baskets were purchased and distributed to multi-family residents to help collect and transport recyclable materials from kitchens to curbside recycling containers. Coordination and outreach assistance occurred with Waste Management and the multi-family community transitioning the recycling program from a three sort to a single stream recycling collection system. Schools: In an effort to increase recycling, composting, and waste diversion from the public schools, a pilot program is starting February 2012 with new compost carts placed in school kitchens and cafeterias. The pilot follows previously setup food composting programs at Presidents Elementary and bottles & cans recycling programs setup in Haller, Post, and Arlington High. This collaborative effort between Arlington School District, the City of Arlington (and consultant staff of Blue Marble Environmental), Waste Management and Cedar Grove Composting will include kitchen staff trainings, distribution of 23 gallon “Slim Jim ” kitchen containers (funded through Snohomish County Solid Waste Grants), composting flyers and posters for students and teachers, fostering student green team leadership involvement, and recording and monitoring waste diversion and potential cost savings to the district. Estimated food waste diversion is 100 pounds per 64 gallon cart, and with 8 new schools and 9 new carts, the predicted organics diversion from these new programs is 900 pounds per week / or 9 tons from 5 months of the pilot. Public Events Recycling: Blue Marble provides coordination of state required recycling at all public events street fairs, activities in parks, parades and public venues sponsored by the City. This also includes recycling and composting support to The Arlington Fly In, one of Snohomish County’s largest public events. Blue Marble was also able to secure grant funding for the procurement and installation of permanent recycling containers in downtown Arlington. Grant funds were used to purchase a supply of “Clear-Stream” recycling containers and bags to support recycling of bottles & cans and paper at public events. The recycling containers are available for check out to support all public and large scale community events. Grants writing, development and coordination: Blue Marble Environmental provides grant program writing, development and management of State/County/City grant funds that provide 75% matching funds for waste reduction, recycling and composting programs as well as educational materials, mailings, recycling containers and program expenses in support of public recycling programs. City of Arlington Council Agenda Bill Item: NB #4 COUNCIL MEETING DATE: February 6, 2012 SUBJECT: Amend AMC 13.12 Deferring the scheduled 2012 CPI increase to the water rates ATTACHMENTS: Ordinance amending Arlington Municipal Code 13.12 DEPARTMENT OF ORIGIN Public Works - Utilities EXPENDITURES REQUESTED: None BUDGET CATEGORY: Water 401 LEGAL REVIEW: DESCRIPTION: Amend Arlington Municipal Code (AMC) 13.12 allowing the City to defer implementation of the 2012 mandatory Consumer Price Increase to the current 2011 water rates. HISTORY: AMC 13.12 040 states that the current water rates shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma- Bremerton area. Given the costs saving realized by increased production from the City owned wells and less purchased water from the Snohomish County PUD, the 2012 Water Utility budget forecast does not necessitate the rates be increased by the CPI. ALTERNATIVES - Table for further discussion RECOMMENDED MOTION: I move to adopt the proposed ordinance amending Arlington Municipal Code 13.12 to defer the 2012 CPI increases to the water rates and charges. ORDINANCE 2012-XXX CITY OF ARLINGTON ORDINANCE NO. 2012-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON DEFERRING 2012 CPI INCREASES TO CITY WATER RATES AND CHARGES WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington continues to examine equitable rates for water and sewer service; and WHEREAS, the City’s water rate contains a CPI adjustment factor which the City Council wishes to defer for 2012; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. The two prefatory subparagraphs of Arlington Municipal Code section 13.12.040 shall be and hereby are amended to read as follows: 13.12.040 Water rates and charges. State and city utility taxes are included in the following rates and charges for water service. The water charges shall include a base charge by meter size, and a consumption rate, as set forth below. Beginning on January 15, 2011, the rates set forth for the year 2010 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2012 to January 14, 2013; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 2. Arlington Municipal Code section 13.12.040(4)(B) shall be and hereby is amended to read as follows: (B) The usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or ORDINANCE 2012-XXX otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. The title of this ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF _____________, 2012. CITY OF ARLINGTON By___________________________________ Barbara Tolbert, Mayor Attest: ________________________________ Kristin Banfield, City Clerk Approved as to form: __________________________________ Steven J. Peiffle, City Attorney