HomeMy WebLinkAbout09-21-26 Council Meeting PacketSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Raelynn
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Michele Blythe
1. Minutes of August 3 and September 14, 2026, Council meetings, and ATTACHMENT A
September 2, 2026, Audit Entrance meeting.
2. Accounts Payable ATTACHMENT B
3. Request for Waiver of Fees for FAA Arlington Municipal Airport Runway 34 ATTACHMENT C
Approach Lighting Project
4. Perimeter Fencing Improvements Project (Stage 2) - Professional Services ATTACHMENT D
Agreement Design Amendment
5. Skydio X10 Drone Procurement for the Arlington Airport ATTACHMENT E
PUBLIC HEARING
None
NEW BUSINESS
1. Council Rules of Procedure - Update to Section 7.4 Manner of Addressing ATTACHMENT F
the Council – Time Limit and Section 7.3 Subjects on the Current Agenda
Staff Presentation: Paul Ellis
Council Liaison: Michele Blythe
2. Public Records Claim Settlement Agreement ATTACHMENT G
Staff Presentation: Paul Ellis
Council Liaison: Rob Toyer
Arlington City Council Meeting
Monday, September 21, 2026 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
3. PARC Commissioner Appointment: Dave Scherer ATTACHMENT H
Staff Presentation: Sarah Lopez
Council Liaison: Heather Watland
4. Youth Council Appointments: Diesel King, Elinor Richardson, Lyla Morzelewski ATTACHMENT I
Natalie Terry, Alexander Anderson, Alyssa Gelow, and Cesar Correa
Staff Presentation: Sarah Lopez
Council Liaison: Leisha Nobach
5. Drinking Water State Revolving Fund Loan Agreement for the Water ATTACHMENT J
Treatment Plant Expansion Project
Staff Presentation: Jim Kelly
Council Liaison: Yvonne Gallardo-Van Ornam
6. Arlington Police Department Wellness Initiative Update Presentation ATTACHMENT K
Staff Presentation: Commander Peter Barrett
COMMENTS FROM COUNCILMEMBERS
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Monday, August 3, 2026
Councilmembers Present: Heather Watland, Rob Toyer, Yvonne Gallardo-Van Ornam Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach.
Council Members Absent:
Staff Present: Mayor Don Vanney, Paul Ellis, Raelynn Jones, City Attorney Oskar Rey, Chelsea Brewer, Shelby Burke, Jim Kelly, Jonathan Ventura, Thad Newport, and Sheri Amundson.
Also Known to be Present: Kathy Vanney, Randy Nobach, Kimberly Casteel, and Drew Bono. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the revised agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PUBLIC COMMENT Jay Lindberg, Arlington, provided comment.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Tim Abrahamson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the July 20 and July 27, 2026 Council meetings. 2. Accounts Payable: Approval of EFT/ACH Payments and Claims Checks #116384 through #116504, dated July 7th, 2026, through July 20th, 2026, in the amount of $1,188,136.83. 3. 2026 City of Arlington Comprehensive Emergency Management Plan (CEMP) 4. Ordinance Approving New Arlington Municipal Code Chapter 6.12 Mobile Food Units
PUBLIC HEARING None.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting August 3, 2026
Page 2 of 3
NEW BUSINESS
2027 Lodging Tax Distribution Fifteen (15) grant applications were received totaling $220,191, explained Finance Director Shelby Burke. The total amount that could be awarded was $185,000. The committee focused on the following priorities in addition to using the scoring matrix; new projects, off-season events and events that had other sources of funding (like admission fees or sponsorships). The committee met on July 15, 2026 to review the scoring each committee member completed of each application and to come to a consensus on the funding recommendations. Discussion followed with Ms. Burke answering Council questions. Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Tim Abrahamson seconded the motion to approve the 2027 funding distribution as recommended by the Lodging Tax Advisory Committee. The motion passed unanimously.
WSDOT Agreement for Water and Sewer Utility Relocation Costs for the SR-531
Widening Project Public Works Director, Jim Kelly explains that the City has been working with WSDOT for many years on the SR-531 Widening Project; the project is ready to advertise for construction on Sep 14, 2026. The City also has several water and sewer utilities that have to be relocated to accommodate the SR-531 Widening Project; and since this is a public improvement project, the City has an obligation to relocate its utility infrastructure within the WSDOT ROW as necessary to accommodate the public project. This agreement allows WSDOT to add the utility relocation work to the overall project bid so that it can be completed by the winning contractor. The City’s Water and Sewer utilities will pay their proportionate share of the relocation costs. Discussion followed with Mr. Kelly answering Council questions.
Councilmember Rob Toyer moved, and Councilmember Leisha Nobach seconded the motion to authorize the Mayor to sign the agreement with WSDOT for utility relocation costs associated with the SR-531 Widening Project. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Yvonne Gallardo-Van Ornam reminds the public to attend the National Night Out event and the Fiesta in the Park event. Councilmember Michele Blythe thanked Public Works Director Jim Kelly for managing the 188th Roundabout project that is now open. Councilmember Michele Blythe also expressed interest in supporting animal welfare efforts and making sure the city code is aligned with State regulations. Other Councilmembers indicated general support by consensus for Staff to explore the matter further and report back with additional information or potential next steps.
Minutes of the City of Arlington City Council Meeting August 3, 2026
Page 3 of 3
Council Members individually acknowledged City Administrator Paul Ellis, expressing appreciation for his leadership, service and ongoing contributions to the City.
ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis reminds Council and the public that Council is on break until September.
MAYOR’S REPORT Mayor Don Vanney encourages the public to attend the National Night Out event occurring August 4, 2026.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:25 p.m. _____________________________________________________ Don E. Vanney, Mayor
DRAFT
1
Minutes of the City of Arlington
Special Meeting Audit Entrance Conference Microsoft Teams September 2, 2026
Councilmembers Present: Michele Blythe and Tim Abrahamson both attended virtually.
Staff Present: Mayor Don Vanney, Paul Ellis, Shelby Burke, Sheri Amundson, and Raelynn Jones.
Also Known to be Present: Office of the Washington State Auditor; Audit Lead Heidi Shelton, Assistant Audit Manager Erika Davies, and Assistant State Auditor Keith Blake. The special meeting began at 3:00 p.m. with introductions by Audit Lead Heidi Shelton, Assistant Audit Manager Erika Davies, and Assistant State Auditor Keith Blake. City of Arlington staff and City Council members in attendance followed with introductions.
DISCUSSION Audit Lead Heidi Shelton goes over details of the Engagement Letter and Audit Scope. The following audits will be carried out:
• Financial statement audit for January 1, 2025 through December 31, 2025
• Federal grant compliance audit for January 1, 2025 through December 31, 2025
• Accountability audit for January 1, 2025 through December 31, 2025
• Assistant Audit Manager Erika Davies continues by going over the following details of the Entrance Conference information:
• Levels of Reporting
• Important Information of the Audit process
• Audit Survey
• Local Government Support Team
• The Center for Government Innovation
• Audit Team Qualifications and contact information There were no questions from city staff or Councilmembers.
ADJOURNMENT With no further business to be conducted, the special meeting ended at 3:20 p.m. ___________________________________________
DRAFT
Page 1 of 4
Council Chambers 110 East 3rd Street Monday, September 14, 2026
Councilmembers Present: Heather Watland, Rob Toyer, Yvonne Gallardo-Van Ornam, Michele Blythe, Nathan Senff, Tim Abrahamson, and Leisha Nobach.
Council Members Absent:
Staff Present: Mayor Don Vanney, Paul Ellis, Raelynn Jones, Shelby Burke, Shawn Friang, Rory Bolter, Monroe Whitman, Lorene Robinson, Peter Barrett, Jonathan Ventura, and Chelsea Brewer.
Also Known to be Present: Kathy Vanney, Randy Nobach, Steven Maisch, Holly Sloan-Buchanan, Dwan Kinney, Drew Bono, and others. Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented with the exception that Agenda Item No. 5., Division and Broadway Restoration Project – Change Order No. 3 be removed and continued to the next council meeting. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Council Rules of Procedure – Update to Section 7.4 Manner of Addressing the Council
– Time Limit and Section 7.3 Subjects on the Current Agenda City Administrator Paul Ellis explains the City Council Rules of Procedure and Code of Ethics need to be updated to incorporate the public-comment time-limit revisions set forth in Section 7.4, Manner of Addressing the Council-Time Limit and Section 7.3 Subjects on the Current Agenda. This amendment is necessary to provide a consistent and efficient framework for accommodating public comment at future City Council meetings while allowing the Council to manage meeting time effectively. Discussion followed with Mr. Ellis answering Council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop September 14, 2026
Page 2 of 4
Request for Waiver of Fees for FAA Arlington Municipal Airport Runway 34 Approach
Lighting Project Community and Economic Development is requesting a waiver for permit fees on behalf of the United States Department of Transportation and Federal Aviation Administration for the Right-of-Way permitting for the Arlington Municipal Airport Replacement of Runway 34 Medium Intensity Approach Lighting System (MALS) with MALS with Flashers (MALSF) project explains City Administrator, Paul Ellis. The project is funded by the Federal Government, which is requesting that fees are waived. The Right-of-Way Permit Fee is $1,125.00 for right-of-way fee and processing technology fee.
Federal Government funded projects are typically exempt from right-of-way permit fees. Permit fees for the portion of work on the airport property have already been waived by Council, but an additional permit was necessary for work with the SR531 Right-of-Way.
Perimeter Fencing Improvements Project (Stage 2) – Professional Services Agreement
Design Amendment The Perimeter Fencing Improvements Project – Stage 2, was approved as part of the airport’s bi-annual budget, which involves design, construction, and construction administration services, explains Airport Operations Coordinator Lorene Robinson. This professional services agreement with Dowl, the Airport’s current on-call engineering consultant, provides for the design of replacement perimeter fencing along the west side of the airport. The project includes removal of existing fencing of various types and installation of an 8-foot chain-link fence topped with three strands of barbed wire, consistent with FAA technical specifications. The design also includes four automated vehicle access gates with access-control systems. Airport staff are returning to Council to request an amendment to Dowl’s design contract for this project. The amendment will provide additional design services needed to address tenant and IT feedback. This amendment is limited to design services only. The budgeted amount of $816,000 mentioned above includes both design and construction costs. Discussion followed with Ms. Robinson answering Council questions.
Skydio X10 Drone Procurement for the Arlington Airport Airport Operations Manager Monroe Whitman requests that the City Council authorize the purchase of a Skydio X10 Drone for Airport Operations through the TIPS Purchasing Cooperative Agreement. Airport staff consulted with the City’s Information Technology staff, which supports the proposed purchase based on Skydio’s established reputation, security-focused software platform, and suitability for City operational needs. The Skydio X10 meets Airport Operation’s needs and will improve the City’s ability to conduct inspections, respond to incidents, and support staff safety. Key features include all-weather flight capability, which reduces the need to reschedule operations; advanced collision avoidance for safer survey work; thermal imaging to improve safety during trail checks; and remote flight capability to support airfield incident and weather response during unstaffed hours while saving staff time and resources. The Arlington Police Department
Minutes of the City of Arlington City Council Workshop September 14, 2026
Page 3 of 4
recently purchased the same model, which will support shared training, familiarity, and coordination between departments. Airport Operations currently uses a drone purchased in 2019 that is approaching the end of its useful life. The drone’s proprietary software does not meet current City, state, or federal security standards. Discussion followed with Mr. Whitman answering Council questions.
ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis welcomed everyone back from break and noted that a calendar invite has been sent out for the Budget Retreat that will be held on October 2, 2026. The Budget Retreat materials are currently being worked on.
MAYOR’S REPORT Mayor Don Vanney welcomed everyone back from break.
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS Councilmember Michele Blythe, along with Councilmember Yvonne Gallardo-Van Ornam toured several aging facilities for the maturing community and have more tours scheduled in the upcoming weeks. Councilmember Blythe attended the 25th Anniversary of 9/11 hosted by North County Regional Fire Authority and on a separate occasion joined Arlington Police Department staff in a ride-along. She provided a detailed explanation of her experience and expressed her gratitude and respect to the Officers that she accompanied during the ride- along. Councilmember Heather Watland attended the Arlington Food Bank Auction and acknowledged a local band that performed at the auction. She also encouraged attendance for the Sip, Sip, Hooray Wine Tasting and Fundraiser Event to be held on September 24, 2026. Councilmember Tim Abrahamson attended 25th Anniversary of 9/11 hosted by North County Regional Fire Authority. He also commended the Arlington Police Department Community Outreach Team and expressed his gratitude towards the team. Councilmember Yvonne Gallardo-Van Ornam thanked other Council members for sharing their experiences of the Arlington Police Department. She acknowledged the city staff involved with organizing the Arlington Fiesta At the Park event and expressed her gratitude to all that attended the event. She attended the 25th Anniversary of 9/11 hosted by North County Regional Fire Authority and also encouraged community members to attend the last Farmers Market event for the season.
PUBLIC COMMENT Dwan Kinney, Arlington; provided public comment.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the following items on the Consent Agenda for the September 21, 2026 Council meeting:
Minutes of the City of Arlington City Council Workshop September 14, 2026
Page 4 of 4
2. Request for Waiver of Fees for FAA Arlington Municipal Airport Runway 34 Approach Lighting Project 3. Perimeter Fencing Improvements Project (Stage 2) – Professional Services Agreement Design Amendment 4. Skydio X10 Drone Procurement for the Arlington Airport
EXECUTIVE SESSION City Administrator Paul Ellis announced the need for an executive session for discussion of potential litigation and legal risks [RCW 42.30.110(1)(i)] with no action to be taken afterward, to begin at 6:34 p.m. and last 20 minutes until 6:54 p.m. City Administrator, Paul Ellis, notified the City Clerk at 6:53 p.m. that 10 more minutes would be required and the session will end at 7:03 p.m. City Administrator, Paul Ellis, notified the City Clerk at 7:03 p.m. that 5 more minutes would be required and the session will start at 7:04 p.m and will end at 7:09 p.m. Council was dismissed at 7:09 p.m. Council reconvened at 7:11 p.m.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:11 p.m. _________________________________________ Don E. Vanney, Mayor
City of Arlington Council Agenda Bill Item: CA #2 Attachment BCOUNCIL MEETING DATE: September 21, 2026 Accounts Payable Claims Approval
Claims Approval
Finance Department; Shelby Burke Finance Director 360.403.3423 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
September 21st, 2026, Council Meeting
Claims Certification:
We, the undersigned City Council of the City of Arlington, Washington, do hereby certify that
the merchandise or services hereinafter specified have been received and that:
Approval of EFT/ACH Payments and Claims Checks #116505 through #116572, dated July
21st, 2026, through August 3rd, 2026, in the amount of $1,577,996.20.
Approval of EFT/ACH Payments and Claims Checks #116573 through #116644, dated
August 4th, 2026, through August 17th, 2026, in the amount of $831,309.87
Approval of EFT/ACH Payments and Claims Checks #116645 through #116768, dated
August 18th, 2026, through September 8th, 2026, in the amount of $1,944,186.11
Approval of Payroll EFT Payments and Check #30521 through #30534, dated July1st, 2026
through July 31st, 2026, in the amount of $1,906,055.84
Approval of Payroll EFT Payments and Check #30535 through #30557, dated August 1st,
2026 through August 31st, 2026, in the amount of $1,614,316.13
City of Arlington Council Agenda Bill Item: CA #3 Attachment CCOUNCIL MEETING DATE: September 21, 2026 SUBJECT: Request for Waiver of Fees for FAA Arlington Municipal Airport Runway 34 Approach Lighting Project ATTACHMENTS: Fee Waiver Form and Right-of-Way Permit Information DEPARTMENT OF ORIGIN Executive; City Administrator, Paul Ellis EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Department of Transportation and Federal Aviation Administration for the Right-of-Way permitting for the Arlington Municipal Airport Replacement of Runway 34 Medium Intensity Approach Lighting System (MALS) with MALS witrequesting that fees are waived. The Right-of-Way Permit Fee is $1,125.00 for right-of-way fee and processing technology fee. HISTORY: the portion of work on the airport property have already been waived by Council, but an additional permit ALTERNATIVES: Do not authorize the waiver.
“I move to authorize the Mayor to waive the right-of-way permit fees and sign the Permit Fee Waiver Form for the FAA Arlington Municipal Airport Runway 34 Approach Lighting Project.”
PERMIT FEE WAIVER REQUEST
Community & Economic Development
City of Arlington • 18204 59th Ave NE • Arlington, WA 98223 • Phone (360) 403-3551
REV5.2021 Page 1 of 1
PER THE CURRENT FEE RESOLUTION
Section 1. Fees and Charges—General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a multi-phased project in advance; however, doing so does not vest applicable fees due. Fees due are those in effect at the time the specific action or phase of an action is requested or occurs.
1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the fees, or portions thereof, for any non-profit organization or government agency.
NOTE: State Surcharge Fees cannot be waived.
Permit Number: Total Amount: $ Staff Requesting Fee Waiver: Staff Department: Staff Email: Staff Phone #:
Reason for Waiver:
Council Workshop Date: Council Approval Date: Signatory Authority: Print Name:
CED STAFF USE ONLY
FEE BREAKDOWN Plan Review Fee(s) $ Permit Fee(s) $ Processing Technology Fee $ $ $
State Surcharge Fee Other:Right-of-WayOther: $ ACCEPTED BY DATE STAMP
City of Arlington Council Agenda Bill
Item: CA #4 Attachment D COUNCIL MEETING DATE: September 21, 2026
Perimeter Fencing Improvements Project (Stage 2) - Professional Services Agreement Design Amendment
Scope of Work, Fee Estimate, Amendment, and Professional Services Agreement
Airport; Lorene Robinson, Airport Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: $29,153 BUDGET CATEGORY: CIP Fund BUDGETED AMOUNT: LEGAL REVIEW:
budget, which involves design, construction, and construction administration services. This professional services agreement with Dowl, the Airport’s current on-call engineering consultant, provides for the design of replacement perimeter fencing along the west side of the airport. The project includes removal of existing fencing of various types and installation of an 8-foot chain-link fence topped with three strands of barbed wire, consistent with FAA technical specifications. The design also includes four automated vehicle access gates with access-control systems. Airport staff are returning to Council to request an amendment to Dowl’s design contract for this project. The amendment will provide additional design services needed to address tenant and IT feedback. This amendment is limited to design services only. The budgeted amount of $816,000 mentioned above includes both design and construction costs.
Agreement for design services with Dowl in the amount of $99,014 at their March 2, 2026 meeting.
Stage 2 for design services with Dowl in the amount of $29,153, increasing the contract total for design
CONTRACT AMENDMENT
Service Provider:
Name, Title Signature
City of Arlington:
Name, Title Signature
Contract Name
Project No
This amendment extends all of the terms of the existing Agreement, including the existing
Scope of Work, with the exception of the new additional amendments:
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
on ________________.
Page 1 of 2
TASK ORDER #7
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements– Stage II
Phase 1: Design
Amendment No. 1 – Additional Design Services
Project Description
This amendment will be executed under Task Order No. 7 and includes additional design services as detailed
below.
PHASE 1: DESIGN – Additional Design Services
PROJECT MANAGEMENT
The CONSULTANT will develop the scope of the project, provide project management and administration,
management of subconsultants, and liaison with the AIRPORT, and prepare monthly invoices with monthly
progress reports. It is assumed that up to four (4) invoices will be required. Two (2) additional invoices will
be included for additional design services.
The CONSULTANT will attend three additional one (1) additional meetings at the AIRPORT site, and two
virtual meetings; the anticipated meetings include:
a)Amendment 1: Two (2) additional MS Teams meetings to review tenant comments
b)Amendment 1: One (1) additional site visit meeting with City IT to review existing fiber optic
infrastructure and discuss access control and final system integration
Assumptions:
a)Amendment 1: Two (2) additional months of invoicing for additional design services
90% DESIGN
The CONSULTANT will prepare construction plans to approximately the 90% level. The CONSULTANT will
complete the following additional design tasks: a)Tenant Coordination Exhibits. The CONSULTANT will prepare up to three exhibits depicting
alternatives for removal of existing fence and gates and proposed surface treatments between
hangars adjacent to tenant lease lots. Exhibits will be prepared by a graphics specialist and will be
simplified to be used for distribution to tenants. The AIRPORT will distribute these exhibits and
solicit feedback.b)Tenant Coordination Design Revisions. The CONSULTANT will meet with the AIRPORT to review
tenant feedback and determine revisions to design documents to incorporate into design. The
CONSULTANT will make up to two formal changes to the plans and contract documents based on
tenant feedback and AIRPORT review comments.c)City IT Coordination. The CONSULTANT will coordinate with the City of Arlington Information
Technology lead to determine access control system components, layout, and final system
integration.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 2 of 2
Assumptions:
a)The AIRPORT will provide all tenant communication and coordination.
FINAL PS&E SUBMITTAL
The CONSULTANT will develop the project design to the final stage, and complete the following additional
design tasks:
a)Tenant Feedback and Incorporation. The CONSULTANT will incorporate final design revisions
based on tenant feedback.
Client:
Project: 2026 Fencing Improvements Project - Stage II Date: 9/8/2026
Phase: 01 - Design, Amendment #1 - Additional Design Services
LABOR:Darren Wes Trevor Randy Paul Phil/Kevin Sarah Jordan
TASK Senior Senior GIS Electrical Acct. Project
NO.Manager IV Manager III Engineer I Engineer II Tech. VI r Engineer VI Tech. Assistant I TOTAL LABOR
326.00 298.00 149.00 160.00 196.00 193.00 237.00 132.00 127.00 HOURS COST
1.1
a
b
b
1.3 90% Design 0 24 24 24 24 8 2 2 0 108 21,554$
a Tenant Coordination Exhibits 4 8 8 20 4,016$
b Tenant Coordination Design Revisions 8 24 12 24 2 2 72 13,322$
c
1.4
a
Labor Subtotal 0 36 24 30 32 10 2 6 4 144 29,080$
Expenses
Total Expenses 73$
Subconsultants Subconsultant Cost B&O Tax
-$ 1.5%-$
Total Subconsultants -$
TOTAL FEE (Phase 1 - Design, Amendment #1)29,153$
Miles / Roundtrip x
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
J:\23\15205-00\__Contracting\_Scope and Fee\Task 7 - Fencing Improvements Stage 2\Amendment #1 - Additional Design\EXHIBIT B - Fee - AWO Fencing Stage
2_Amend1.xlsx
Page 1 of 5
TASK ORDER #7
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements– Stage II
Phase 1: Design
This project will be completed under the Professional Services Agreement between the City of Arlington and
DOWL, LLC, dated 03/02/2026.
Project Description
This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in
the attached Figure 1.
Airport Perimeter Fencing (FAA Eligible):
1. Removal and replacement of approximately 3,900 linear feet of existing perimeter fence of various
types at the west side of the airport adjacent to Airport Boulevard with new 8-foot chain-link fence.
New fence will include 3-strand barbed wire per FAA Technical Specification F-162 in FAA AC
150/5370-10H. Four (4) automated vehicle gates with access control will be installed in the new
fence line at the following locations:
1. Between Penway Media and Point to Point Air for access to southwest ramp
2. On 50th Dr NE for access to four hangars and parking area
3. On 49th Dr NE for access to four hangars and parking area
4. On 48th Dr NE for access to four hangars and parking area
All four gates will receive new access control card readers on each side of the gate. These card
readers will be linked to the existing access control system at the airport.
Non-Eligible Work:
1. New chain-link perimeter fence will receive black vinyl coating. Costs for upgrading 8’ chain-link
fence to black vinyl coated chain-link fence will be contained in a separate bid schedule and will be
non-FAA eligible.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 2 of 5
PHASE 1: DESIGN
PROJECT MANAGEMENT
The CONSULTANT will develop the scope of the project, provide project management and administration,
management of subconsultants, and liaison with the AIRPORT, and prepare monthly invoices with monthly
progress reports. It is assumed that up to four (4) invoices will be required.
The CONSULTANT will attend up to two (2) meetings at the AIRPORT office, and two virtual meetings; the
anticipated meetings include:
a) FAA Predesign meeting (Microsoft Teams Meeting)
b) 90% Submittal Review Meeting (At Airport)
c) One (1) additional meeting, as needed (At Airport)
The FAA predesign meeting will follow FAA Regional Guidance 620-03. The CONSULTANT will prepare
meeting notes and distribute to all participants.
Assumptions:
a) One (1) invoice and one (1) progress report will be prepared per month.
b) The project will be completed approximately four (4) months after Notice to Proceed.
Deliverables:
Invoice and Progress Report PDF via email
Meeting Notes PDF via email
TOPOGRAPHIC SURVEY
The CONSULTANT will provide surveying services as follows:
a) Establish horizontal and vertical control for mapping purposes and future construction layout.
b) The topographic survey will be tied to the Washington State Plane coordinate system – North Zone
(NAD 83/91) and the North American Vertical Datum of 1988 (NAVD 88).
c) Conduct utility locates prior to beginning survey using a private utility locate service as well as public
one-call 811. Existing utility basemaps will be reviewed prior to survey and will be provided to the
private utility locate service, if available.
d) Conduct a survey of the project area for use in the development of construction plans. Mapping
features will include:
• On-site features including:
i. Existing fence line within and adjacent to project area
ii. Surface storm drainage features
iii. Pedestrian and vehicle gates in the existing fencing
iv. Visible utilities and utility locate markings
v. The three vehicle gate areas that have been identified for potential re-grading: One-
hundredth (0.01) foot elevation contour resolution for and surrounding drive lane
pavement, up to 25-feet from each side of the vehicle gate.
e) Prepare a survey basemap in AutoCAD Civil 3D. The survey will also incorporate as-built records
provided by the AIRPORT.
f) Conduct an onsite review to verify features on the survey basemap.
Assumptions:
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 3 of 5
a) Underground utilities will be pre-marked using a private Utility Locate Service as well as public one-
call 811.
b) The CONSULTANT survey personnel are not allowed by Washington State Law to enter manholes,
vaults, or other structures defined as confined spaces. Measurements to confined spaces will be made
from the surface.
90% DESIGN
The CONSULTANT will prepare construction plans to approximately the 90% level. The CONSULTANT will
complete the following tasks:
a) Site Conditions Review. The CONSULTANT will conduct a site visit to review existing site conditions
for the preparation of plans.
b) 90% Construction Plans. The CONSULTANT will develop detailed 90% Construction Plans in
accordance with AIRPORT and FAA design standards. An estimated sheet count is included below:
Sheets Description
1 Cover Sheet
1 Notes, Abbreviations, and Legend
1 Survey Control Plan
1 Construction Safety and Phasing Plan Overview
4 Construction Safety and Phasing Plan
1 Construction Safety and Phasing Details
1 Site Preparation / Temporary Erosion & Sediment Control Plan
1 Fencing and Gate Layout Overview
4 Civil Gate Plans
4 Civil Grading Plans
2 Civil Details
4 Electrical Gate Plans
1 Electrical Gate Details
26 TOTAL SHEET COUNT
c) 90% Contract Documents. The CONSULTANT will prepare project contract documents.
Specifications will be developed in accordance with AIRPORT and FAA standards, and will
incorporate AIRPORT provided front end documents (bid proposal, contract information), FAA
Required Federal Contract Provisions, FAA Technical Specifications, and applicable appendices.
d) 90% Engineer’s Estimate. The CONSULTANT will prepare itemized quantity calculations for all
contract bid items. An Engineer’s Estimate of construction costs will be prepared.
e) Preliminary Engineer’s Design Report. The CONSULTANT will prepare a preliminary design report
that summarizes the proposed pavement design criteria, geometric design, electrical design, fence
design, and gate design. This design report will meet the requirements of FAA Northwest Mountain
Region Regional Guidance 620-04.
f) Preliminary Construction Safety and Phasing Plan (CSPP). The CONSULTANT will prepare a
preliminary CSPP in accordance with FAA Advisory Circular 150/5370-2G: Operational Safety on
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 4 of 5
Airports During Construction. This CSPP will submitted to the FAA for review prior to the 90%
submittal.
g) OE/AAA Case Preparation and Submission. The CONSULTANT will prepare and submit three
separate FAA 7460’s (OE/AAA cases) as follows:
i. Permanent constructed features (fence and gates)
ii. Temporary construction impacts, including proposed stockpiles, haul routes, and temporary
construction areas within the Air Operations Area (AOA)
iii. CSPP for Airspace Review
Assumptions:
b) The AIRPORT will provide contact information for all franchise utility companies located within the
project limits. CONSULTANT will call 811 for locates and provide private locates as needed
c) The CONSULTANT will upload the CSPP to the FAA online OE/AAA portal
d) SEPA: The City of Arlington, as a SEPA Lead Agency, has determined that a SEPA checklist is not
required.
e) NEPA: This project is categorically excluded pursuant to FAA Order 1050.1F, paragraphs 5-6.4(h)
with no further information required.
Deliverables:
90% Construction Plans (11” x 17”) Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Contract Documents Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Engineer’s Estimate Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
90% Engineer’s Design Report Airport:
FAA:
PDF via electronic delivery
PDF via electronic delivery
100% Construction Safety & Phasing Plan Airport:
FAA:
PDF via electronic delivery
Online via OE/AAA Portal
FINAL PS&E SUBMITTAL
The AIRPORT will provide the CONSULTANT with a set of consolidated review comments and “redline”
review comments on the 90% Construction Plans, Contract Documents, and Cost Estimate. The AIRPORT will
provide the review comments prior to the 90% Design Review Meeting.
The CONSULTANT will develop the project design to the final stage, and complete the following:
a) 90% Comments Response. The CONSULTANT will prepare responses to all comments received
from the AIRPORT and FAA at the 90% review.
b) 100% Construction Plans. The CONSULTANT will address AIRPORT comments from the 90%
review, and provide a complete, bid-ready set of Construction Plans.
c) 100% Contract Documents. The CONSULTANT will address AIRPORT comments from the 90%
review, and provide a complete, bid-ready set of Contract Documents.
d) 100% Cost Estimate. The CONSULTANT will address AIRPORT comments from the 90% review and
advance the Cost Estimate to the 100% complete stage.
e) Final Engineer’s Design Report. The CONSULTANT will incorporate Airport and FAA comments,
and prepare the final design report.
City of Arlington – Arlington Municipal Airport (AWO)
Perimeter Fencing Improvements Project – Stage 2, Phase 1: Design
Page 5 of 5
The CONSULTANT will provide paper copies of the final Plans, Contract Documents, Cost Estimate, Engineer’s
Design Report, and Final CSPP to the AIRPORT. The CONSULTANT will upload the plans and specifications to
Builder’s Exchange of Washington, for distribution to Contractors.
Deliverables:
100% Construction Plans (11” x 17”) Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
100% Contract Documents Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
100% Engineer’s Estimate Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
Final Engineer’s Design Report Airport:
FAA:
Three (3) printed sets & PDF via electronic delivery
PDF via electronic delivery
GRANT ASSISTANCE
This project is anticipated to include an FAA grant. The CONSULTANT will provide the AIRPORT with the
following grant assistance:
a) Assist with preparation of FAA Grant Application, including FAA Development Project Schedule.
b) Assist the AIRPORT with general management of FAA grant for this project.
c) Prepare and submit FAA Quarterly Reports and Annual Performance Reports. It is anticipated that up
to four (4) quarterly reports and one (1) annual report will be required.
d) The CONSULTANT will prepare an FAA Final Report and Final Payment Summary and submit to the
AIRPORT and FAA for review and approval.
BIDDING SUPPORT
The CONSULTANT will provide the AIRPORT with bidding support, as follows:
a) Prepare written responses to Contractor questions and post to Builder’s Exchange.
b) Conduct Pre-Bid Meeting at the airport and distribute minutes.
c) Develop up to two (2) addenda, as required during the bidding period.
d) Review apparent low bid for conformance with bidding requirements and perform checks on
contractor license, list of excluded parties from SAM.gov, WA Dept. of Revenue, and WA Dept. of
Labor & Industries status.
e) Prepare a bid tabulation of all bid results and submit to the AIRPORT.
f) Prepare and submit a Recommendation for Award letter to the AIRPORT summarizing the bid results
and including a recommendation for award to the lowest qualified bidder.
Client:Arlington Municipal Airport (AWO)
Project:2026 Fencing Improvements Project - Stage 2 Date:2/17/2026
Phase:01 - Design
LABOR:Darren Wes Trevor Randy Paul Survey Crew Corey Phil/Kevin Sarah Jordan
TASK Senior Senior Engineering Prof. Land 2-Person Survey Electrical Acct.Project
NO.TASK (Scope of Services)Manager IV Manager III Engineer I Tech. VI Surveyor X Survey CrewTechnician V Engineer VI Tech.Assistant I TOTAL LABOR
310.00 284.00 142.00 187.00 240.00 268.00 126.00 226.00 126.00 121.00 HOURS COST
1.1 Project Management 0 28 11 0 0 0 0 0 4 4 47 10,502$
a Scope Development 4 4 8 1,704$
b General Project Management (4 months)16 4 4 24 5,532$
c FAA Predesign Meeting 1 2 3 568$
d 90% Submittal Review Meeting 4 4 8 1,704$
e Additional Coordination Meeting 1 1 2 426$
f Subconsultant Coordination 2 2 568$
1.2 Topographic Survey 0 4 4 0 10 29 20 0 0 0 67 14,396$
a Research & Data Review 4 1 4 9 1,732$
b Establish Temporary Project Control 2 4 6 1,552$
c Private Utility Locates 0 -$
d Field Survey 24 24 6,432$
e Prepare Civil 3D Basemap 4 16 20 2,976$
f Engineer On-Site Review 4 4 8 1,704$
1.3 90% Design 9 37 107 46 6 0 0 28 2 0 235 45,114$
a Site Conditions Review 4 4 8 1,704$
b 90% Construction Plans 4 8 2 14 3,764$
Cover Sheet 1 1 2 471$
Drawing Notes, Abbreviations and Legend 1 1 2 471$
Survey Control Plan 1 2 6 9 2,098$ Construction Safety & Phasing Plan
Overview 1 2 1 4 755$
Construction Safety & Phasing Plan 4 16 8 28 4,904$
Construction Safety & Phasing Details 4 1 5 755$
Site Preparation / TESC Plan 1 1 2 4 800$
Fencing & Gate Layout Plan 1 4 4 9 1,600$
Civil Gate Plans 4 8 2 14 2,646$
Civil Grading Plans 4 24 8 36 6,040$
Civil Details 1 4 8 13 2,348$
Electrical Gate Plans 4 4 4 20 32 6,972$
Electrical Gate Details 2 4 8 14 3,124$
c 90% Contract Documents 1 8 9 1,446$
d 90% Engineer's Estimate 1 6 7 1,162$
e 90% Engineer's Design Report 1 8 9 1,446$
f 100% Construction Safety & Phasing Plan (CSPP)1 8 9 1,446$
g OE/AAA Cases (3)1 6 7 1,162$
1.4 Final PS&E Submittal 1 11 37 6 0 0 0 16 6 0 77 14,182$
a 90% Comment Response 1 2 3 568$
b 100% Construction Plans 6 14 6 16 2 44 8,682$
c 100% Contract Documents 2 12 2 16 2,524$
d 100% Engineer's Estimate 1 4 5 852$
e Final Engineer's Design Report 1 1 4 2 8 1,414$
f Strategic Event Form 1 1 142$
1.5 Grant Assistance 0 6 20 0 0 0 0 0 0 0 26 4,544$
a FAA Grant Application 1 4 5 852$
c Grant Management (FAA)2 2 568$
d FAA Quarterly Reports (4) & Annual Report (1)1 2 3 568$
e FAA Closeout Report & Final Payment Summary 2 14 16 2,556$
1.6 Bidding Support 0 13 22 0 0 0 0 0 0 12 47 8,268$
a Respond to Contractor Questions 2 4 6 1,136$
b Pre-Bid Meeting 4 4 8 1,704$
c Addenda (2)4 8 12 2,272$
d Bid Tabulation & Rec. of Award 2 4 6 1,136$
e Prepare Conformed Contract Documents & Plans 1 2 12 15 2,020$
Labor Subtotal 10 99 201 52 16 29 20 44 12 16 499 97,006$
Expenses
Mileage (Engineer Site Visits - per vehicle)5 Trips @ 100 0.725$ / mile (IRS 2026 Rate)363$
Mileage (Survey)2 Trips @ 100 0.725$ / mile (IRS 2026 Rate)145$
Plotting / Reproductions (Bid Docs)500$
Total Expenses 1,008$
Subconsultants Subconsultant Cost Markup
APS (Utility Locates)1,000$ 0%1,000$
Total Subconsultants 1,000$
TOTAL FEE (Phase 1 - Design)99,014$
Miles / Roundtrip x
Miles / Roundtrip x
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
Subconsultant - See Below (APS)
J:\23\15205-00\__Contracting\Scope and Fee\Task 7 - Fencing Improvements Stage 2\EXHIBIT B - DRAFT Fee - AWO Fencing Stage 2.xlsx
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1 of 1
LEGEND
GENERAL NOTES:
City of Arlington Council Agenda Bill
Item: CA #5 Attachment E COUNCIL MEETING DATE: September 21, 2026 SUBJECT: Skydio X10 Drone Procurement ATTACHMENTS: Skydio X10 Quote and TIPS Purchasing Cooperative Agreement DEPARTMENT OF ORIGIN Airport; Monroe Whitman, Airport Operations Manager 360-403-3471 EXPENDITURES REQUESTED: $18,770.92 (plus sales tax) BUDGET CATEGORY: Capital Outlay BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Airport staff request that the City Council authorize the purchase of a Skydio X10 Drone for Airport Operations through the TIPS Purchasing Cooperative Agreement. Airport staff consulted with the City’s Information Technology staff, which supports the proposed purchase based on Skydio’s established reputation, security-focused software platform, and suitability for City operational needs. The Skydio X10 meets Airport Operation’s needs and will improve the City’s ability to conduct inspections, respond to incidents, and support staff safety. Key features include all-weather flight capability, which reduces the need to reschedule operations; advanced collision avoidance for safer survey work; thermal imaging to improve safety during trail checks; and remote flight capability to support airfield incident and weather response during unstaffed hours while saving staff time and resources. The Arlington Police Department recently purchased the same model, which will support shared training, familiarity, and coordination between departments. HISTORY: Airport Operations currently uses a drone purchased in 2019 that is approaching the end of its useful life. The drone’s proprietary software does not meet current City, state, or federal security standards. ALTERNATIVES Remand to staff for additional information. RECOMMENDED MOTION: “I move to approve the purchase of a Skydio X10 Drone for an amount not to exceed $18,770.92 (plus sales tax) and authorize the Mayor to sign any associated paperwork.”
Arlington Municipal Airport (WA)
Skydio Products and Services Proposal
Technology Solutions Products and Services
This quote is provided for budgeting purposes only. Any purchase of products or services described in this quote is subject to the
execution of a mutually agreed definitive agreement.
QUOTE
Q-65692
Issued 09-01-2026
Expires 11-16-2026
Skydio, Inc. | 3000 Clearview Way, San Mateo, CA 94402 | (855) 463-5902 | orderadmin@skydio.com Prepared by Eric Foote | eric.foote@skydio.com
3000 Clearview Way | San Mateo, CA 94402 | (855) 463-5902 | orderadmin@skydio.com QUOTE Q-65692
Arlington Municipal Airport (WA)
Prepared by Eric Foote | eric.foote@skydio.com Issued 09-01-2026 | Expires 11-16-2026 | Page 2
Products and Services
Pricing breakdown
Technology Solutions Products and Services | Valid through 11-16-2026
Product Code Product Name Qty Term
(Months)
Start List Unit Price Unit Discount Net Unit Price Total List Net Total
Hardware and Perpetual Software
DR4ERKT2IZG03
00NA
Skydio X10 Ready Kit (2.4/5 GHz, 5G/LTE Ready,
IR) NA + VT300- Z
1 - 12-29-2026 $17,900.00 $358.00 $17,542.00 $17,900.00 $17,542.00
Hardware and Perpetual Software Subtotal $17,542.00
Cloud-based Software
SWSUITEDMU Skydio Data Management Suite 1 12 12-29-2026 $1,200.00 $24.00 $1,176.00 $1,200.00 $1,176.00
Cloud-based Software Subtotal $1,176.00
Total Fees $19,100.00
Discount $382.00
Total After Discount $18,718.00
Estimated Shipping $52.92
Grand Total $18,770.92
3000 Clearview Way | San Mateo, CA 94402 | (855) 463-5902 | orderadmin@skydio.com QUOTE Q-65692
Arlington Municipal Airport (WA)
Prepared by Eric Foote | eric.foote@skydio.com Issued 09-01-2026 | Expires 11-16-2026 | Page 3
Quote Terms
Commercial, invoicing, and fulfillment terms
Technology Solutions Products and Services | Valid through 11-16-2026
SPECIAL TERMS Skydio V200 and VT300 gimbals are export-controlled items, with export control classification number (ECCN) 6A003.b.4.b. If Skydio delivers an export controlled
item to a customer in the U.S. and that customer intends to export, re-export, or transfer the item (including "deemed exports" to foreign nationals within the U.S.), it
is the Customer's sole responsibility to comply with all applicable U.S. export laws and regulations, including obtaining any required licenses. Diversion contrary to
U.S. law is prohibited. Certain items in this order may be subject to certification requirements under United States federal and/or state laws. Skydio's delivery of any
such item within the United States is contingent upon completion of applicable US-based certification processes. Skydio shall bear sole responsibility for such
certification processes unless the parties otherwise mutually agreed in writing, and will provide a full refund to Customer for any affected items for which Skydio is
unable to obtain applicable US-based certification.
TERMS AND CONDITIONS Skydio’s sale of the products and services in this quote will be subject to TIPS Contract #230105 "Technology Solutions Products and Services" (which includes
Skydio’s terms and conditions). Skydio will not accept a purchase order resulting from this quote unless the purchase order references this quote directly by
number and states that TIPS Contract #230105 shall govern such purchase order.
ESTIMATED INVOICING
SCHEDULE
All quoted delivery dates are estimates only.
Estimated Invoicing Schedule
Skydio shall invoice Customer for the fees as follows:
Payment Schedule:
Year 1: $18,718.00 (1st invoice)
SALES OUTSIDE US If Customer will export the Products or Services outside the US, Customer represents and warrants that it has all necessary licenses, waivers, or other regulatory
approvals necessary in order to export/import and operate the Products and Services. Customer is solely responsible for any costs, fees, penalties, judgments or
other liabilities arising from Customer's import, export, transfer or operation of the Products or Services outside the Authorized Territory. Skydio may assist in this
process upon Customer's request. Where an export license is required, delivery of any export controlled item is contingent upon Skydio being granted an export
control license for the sale from the U.S. Department of Commerce. For deliveries outside the United States, certain items may be subject to certification
requirements under the laws of the destination country. Unless the parties otherwise mutually agree in writing, Customer is responsible for obtaining any required
non-U.S. certifications and/or approvals. If Skydio agrees in writing to obtain any such certification and is unable to do so, Skydio will provide a full refund to
Customer for the affected items.
3000 Clearview Way | San Mateo, CA 94402 | (855) 463-5902 | orderadmin@skydio.com QUOTE Q-65692
Arlington Municipal Airport (WA)
Prepared by Eric Foote | eric.foote@skydio.com Issued 09-01-2026 | Expires 11-16-2026 | Page 4
Exhibit A
Product descriptions included with this quote
Technology Solutions Products and Services | Valid through 11-16-2026
Skydio X10 Ready Kit (2.4/5
GHz, 5G/LTE Ready, IR) NA +
VT300-Z
Kit includes one (1) Skydio X10 Vehicle with Sensor Package (2.4/5 GHz, 5G/LTE Ready, IR) NA + VT300-Z, one (1) Enterprise Controller, one (1) Ready Case, two (2)
wall adapters, one (1) set additional propellers, two (2) 256 GB micro SD cards, three (3) batteries, and one (1) dual charger. Includes one (1) license to Skydio
Autonomy Drone Software that allows the drone to see, understand, and act upon the world. License is perpetual and non-transferable. Data sold separately.
Skydio Data Management Suite Includes one (1) term of Skydio Fleet Manager, one (1) term of Skydio Media Sync, one (1) term of Skydio Data Storage. Minimum 12 months term required.
The Interlocal Purchasing System
Purchasing Made Personal
Printed: September 5, 2026
www.skydio.com
Skydio Inc
EMAIL PO & VENDOR QUOTE TO: TIPSPO@TIPS-USA.COM
PO AND QUOTE MUST REFERENCE VENDOR'S TIPS CONTRACT NUMBER
ATTACH PO AS A PDF - ONLY ONE PO (WITH QUOTE) PER ATTACHMENT
PAYMENT TO
ADDRESS 3000 Clearview Way, Bldg E
CITY San Mateo
STATE CA
ZIP 94402
TIPS CONTACT
NAME Charlie Martin
PHONE (866) 839-8477
FAX (866) 839-8472
EMAIL tips@tips-usa.com
DISADVANTAGED/MINORITY/WOMAN BUSINESS ENTERPRISE: N HUB: N
SERVING STATES
AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT |
NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VI | VA | WA | WI | WY | PR
Overview
Skydio proudly designs, engineers, manufactures, and supports a full suite of products including multiple fully autonomous drone
solutions. Skydio products are made with top-tier American craftsmanship at every turn. Skydio products are to not only be easy to
use but to also elevate the global bar for intelligent flight while setting a new standard for pilot safety. Skydio is proud to provide 100%
US-based customer support for all customers. Skydio has a strategic presence throughout the country allowing for fast
implementation with delivery times that should exceed requirements. Skydio works in partnership with several Federal Government
agencies, State and local law enforcement, public safety, first responders, and other civil servant agencies to develop and provide
industry leading UAS capabilities. In addition, Skydio is a member of the federally approved drone program known as Blue sUAS
cohort. Skydio is proud to be the leading U.S. drone manufacturer providing NDAA-approved drones. With a solid reputation as an
industry leader in autonomous drones, our customers have become partners in a shared vision to make the world a safer place.
AWARDED CONTRACTS "View EDGAR Doc" on Website
Contract Commodity Exp Date EDGAR
230105 Technology Solutions Products and Services 05/31/2028 Yes
230905 Civilian-Use Drone Goods and Services (Non-Military)02/28/2027 Yes
CONTACTS BY CONTRACTS
230105
Name Title Phone Email
Scott Minkoff SLED Capture Manager (855) 463-5902 scott.minkoff@skydio.com
John Santry VP of SLED (855) 463-5902 sled.vendor@skydio.com
Dimple Wadnagra Admin Fee ar@skydio.com
230905
Name Title Phone Email
Scott Minkoff Capture Manager (855) 463-5902 scott.minkoff@skydio.com
John Santry VP of SLED (855) 463-5902 sled.vendor@skydio.com
Dimple Wadnagra Admin Fee ar@skydio.com
City of Arlington WA991827
March 5, 2018
March 5, 2018
SAR01242020
A Department of Education Service Center Region 8, 4845 US Highway 271 North, Pittsburg, Texas 75686, (866) 839-8477
To: All TIPS Members
Re: TIPS Federal Funds Disclaimer and Information Sheet
To whom it may concern:
You have clicked on a link or otherwise sought to determine whether a specific TIPS Vendor on a specific TIPS Contract is EDGAR
compliant. If the website states “No” to EDGAR compliance for that specific Vendor Contract, then the specific TIPS Vendor on that
specific TIPS Contract is not EDGAR compliant. If the website states “View Doc” to EDGAR compliance and you are linked to this
letter, then TIPS has ensured the specific TIPS Vendor’s compliance with 2 CFR 200 on the specified contract to the extent a
cooperative can do so, as described below.
Region 8 Education Service Center (Region 8 ESC) is a Texas Education Service Center which operates The Interlocal Purchasing
System (TIPS), a purchasing cooperative and department of Region 8 ESC. This document certifies that Region 8 ESC and TIPS
made every effort to comply with the most restrictive requirements of 2 CFR 200, identified for educational purposes as the Education
Department General Administrative Regulations (“EDGAR”). Please note that federal funds not sourced from the US Department of
Education are likely regulated by 2 CFR 200 but are not technically “EDGAR.” Each federal agency and its corresponding state
“pass-through” agency may interpret 2 CFR 200 differently. TIPS certifies that it competitively procures all awarded contracts
pursuant to § 44.031 of the Texas Education Code, or Texas Government Code § 2269, as applicable, the most restrictive procurement
method, and performs the most restrictive procurement method required by law and regulation, including all of the necessary steps
outlined in 2 CFR 200, except the Price or Cost Analysis for purchases of $250,000 and greater. (See below). This letter certifies that
the Vendor agreed to those 2 CFR 200 contract provisions for the specified contract.
However, this TIPS certification cannot relieve Members of federal requirements that cannot reasonably be performed by cooperatives.
For example, 2 CFR 200 requires a cost or price analysis for purchases over $250,000.00, a threshold adopted by TEA and the US
Dept. of Education. TIPS does not perform a formal cost or price analysis because TIPS is not the entity making the actual purchase of
goods or services. If a Vendor is awarded then TIPS has determined that the pricing is within the competitive range for the Vendor’s
offering. However, when required by law, the TIPS Member must perform the required analysis on the specific goods or service s
before seeking TIPS pricing/purchasing from the TIPS Vendor and then upon completion of the purchase process.
Additionally, due to the Texas Department of Agriculture Guidance ARM Section 17 (“ARM Section 17”), relating to Federal Child
Nutrition Program Funds (Primarily Texas Public School Fund 240), requirement that all solicitations include specific quantities of
goods or services purchased, TIPS Contracts are not in compliance with ARM Section 17 as a stand-alone purchase contract. This is
because TIPS has no way of predicting which Members will purchase specific quantities of goods and services. However, for Fe deral
Child Nutrition Fund purchases in which the ARM Section 17 required cost or price analysis has been performed by the Member, TIPS
contracts may be used in conjunction with the Member’s three quote process unless labeled with “No” as to EDGAR compliance.
See also ARM Section 17.84 addresses purchasing through a “Third Party Cooperative that does not follow USDA Procurement
Regulations”. This will include TIPS and possibly other cooperatives that do not specify the exact quantities and line items procured
by the cooperative. See the latest ARM Section 17 here.
If this letter was linked or provided in relation to a specific Vendor Contract then the Vendor has agreed to the 2 CFR 200
Contract provisions. For our Members’ benefit, we encourage you, when expending federal funds, to make certain that you
understand and comply with any other 2 CFR 200 requirements that cannot necessarily be met on your behalf by a cooperative. We
also encourage you to incorporate all 2 CFR 200 TIPS Contract provisions agreed to by the Vendor into all supplemental agreements
you enter into with the TIPS Vendor, if any. While TIPS works very hard to ensure legal purchasing compliance on Members’ behalf
TIPS does not provide legal counsel to its Members. TIPS recommends that you consult your legal counsel when executing contracts
with TIPS Vendors. TIPS reserves the right to change its process as necessary in relation to updated guidance. Thank you for being a
Member of TIPS and for letting us assist with your procurement needs.
TIPS-USA REPRESENTATIVES
2
3
4
5
7
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9
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17
18
14
15
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19 12
6
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Jack Brown
(715) 891-3964
jack.brown@tips-usa.com Randy Ramey
(630) 802-1518
randy.ramey@tips-usa.com
Kerri Doherty
(312) 969-1123
kerri.doherty@tips-usa.com
Michael Ferrentino
(215) 378-5187
michael.ferrentino@tips-usa.com
TIPS PROGRAM MANAGER MAP
Stacey McPherson
(870) 565-6178
stacey.mcpherson@tips-usa.com
Washington DC
CA
WA
OR
ID
NV
UT
AZ
MT ND
SD
WY
NE
CO
NM
KS
OK
MO
AR
LA
MS
TN
AL
FL
GA
SC
NC
VAKY
INIL
IA
MN
WI MI
OH
WV
PA
NY
ME
MD
DE
NJ
CT
RI
MA
NH
VT
PR
AK
HI
Jason Smith
(636) 262-7709
jason.smith@tips-usa.com
Jensen Mabe | VP of Sales
(903) 438-6237 | jensen.mabe@tips-usa.com
Allison York | Texas VP of Sales
(830) 624-6939 | allison.york@tips-usa.com
Michael Tucker | Regional VP of Sales
(903) 824-6371 | michael.tucker@tips-usa.com
General | tips@tips-usa.com Construction | construction@tipsconstruction.com
Lyndsey Rieth | VP of Strategic Accounts
(713) 585-5069 | lyndsey.rieth@tips-usa.com
Texas Regions
Whitley Allen | Texas Regions 10, 12
(903) 277-5531 | whitley.allen@tips-usa.com
Kyle Gullett | Texas Regions 9, 11, 14, 16, 17
(469) 773-8273 | kyle.gullett@tips-usa.com
Javier Farias | Texas Regions 1, 2, 3, 15, 18, 19, 20 | Puerto Rico
(956) 802-5677 | javier.farias@tips-usa.com
Steve Guerrero | Texas Regions 4, 6
(832) 466-9070 | steve.guerrero@tips-usa.com
Rick Ogden | Texas Regions 5, 7, 8
(903) 748-0838 | rick.ogden@tips-usa.com
Cari Ledesma | Texas Region 13
(512) 944-3750 | cari.ledesma@tips-usa.com
City of Arlington Council Agenda Bill Item: NB #1 Attachment F COUNCIL MEETING DATE: September 21, 2026 City Council Rules of Procedure - Update to Section 7.4 Manner of Addressing the Council – Time Limit
City Council Rules of Procedure and Code of Ethics
Executive; Paul Ellis, City Administrator EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: time-limit revisions set forth in Section 7.4, Manner of Addressing the Council-Time Limit and Section 7.3 Subjects on the Current Agenda.
This amendment is necessary to provide a consistent and efficient framework for accommodating public comment at future City Council meetings while allowing the Council to manage meeting time effectively. ALTERNATIVES:
public comment time limit revisions as set forth in Section 7.4 and Section 7.3.”
City Council Rules of Procedure
Amended 09-21-2026
City of Arlington
City Council Rules of Procedure
City Council Rules of Procedure and Code of Ethics
1. General Rules
1.1 Meetings to be Public: All official meetings of the Arlington City Council shall be
open to the public with the exception of executive sessions for certain limited topics
(as defined in RCW Chapter 42.30). The journal of proceedings (minute book) shall be
open to public inspection.
1.2 Quorum: Four Council members shall be in attendance to constitute a quorum and
be necessary for the transaction of business. If a quorum is not present, those in
attendance will be named and they shall adjourn to a later time, but no adjournment
shall be for a longer period than until the next regular meeting.
1.3 Attendance, Excused Absences: RCW 35A. 12.060 provides that a Council member
shall forfeit his/her office by failing to attend three (3) consecutive regular meetings of
the Council without being excused by the Council. Members of the Council may be so
excused by complying with this section. The member shall contact the Chair prior to the
meeting and state the reason for his/her inability to attend the meeting. If the member is
unable to contact the Chair, the member shall contact the City Clerk or Deputy City Clerk,
who shall convey the message to the Chair. The Chair shall inform the Council of the
member's absence, state the reason for such absence and inquire if there is a motion to
excuse the member. Upon passage of such motion by a majority of members present,
the absent member shall be considered excused, and the Recorder will make an
appropriate notation in the minutes. If the motion is not passed, the Recorder will note
in the minutes that the absence is unexcused.
1.4 Journal of Proceedings: A journal of all proceedings of the Council shall be kept
by the City Clerk and shall be entered in a book constituting the official record of
the Council.
1.5 Right of Floor: Any member desiring to speak shall be recognized by the Chair
and shall confine his/her remarks to one subject under consideration or to be
considered.
1.6 Rules of Order. Robert’s Rules of Order Newly Revised shall be the guideline procedures
for the proceedings of the Council. If there is a conflict, these rules shall apply
City Council Rules of Procedure
Amended 09-21-2026
1.7 Remote Attendance. From time to time, it is not possible for a councilmember to
attend a City Council meeting and the City would benefit by a Councilmember’s
attendance by means of remote communication. The Council recognizes the benefits of
fullest practicable attendance and participation by its members. Attendance from
remote locations is intended to be an alternative and relatively infrequently used
method for participation by Councilmembers. Remote attendance may occur in the
following circumstances:
(a) The City Administrator may approve a Councilmember’s written request for attendance
at a Council meeting via remote communication when there is good cause. For purpose of
this policy, the following shall constitute good cause and shall have priority as follows: (i)
when traveling on City business; (ii) when illness, injury or family emergency prevents the
Councilmember from attending; and (iii) when the Councilmember is away on planned
vacations. The request and the reasons for the request shall be made in writing or via email
to the City Administrator and City Clerk. The request shall be made as early as reasonably
possible, to allow the City Administrator to confirm the availability of the remote
communication technology and any required technical staff to participate in the meeting.
(b) A Councilmember may attend via remote communication, when approved by the
City Administrator, no more than four (4) times per year for planned vacations, and in no
event more frequently than three (3) consecutive meetings.
(c) Current technology limits the number of Councilmembers who may attend via
remote communication to one Councilmember. If more Councilmembers are
requesting approval to attend remotely, the priorities set forth in paragraph 1.7(a),
above shall determine which Councilmember(s) may attend remotely. The
Councilmembers requesting permission to attend remotely shall attempt to reach
agreement on which may attend if technological limits prevent all requesting
Councilmembers from attending remotely. In the absence of an agreement or a
difference in priority levels, the Councilmembers who first requested remote
attendance shall have priority to attend remotely.
(d) In no event shall the City Administrator approve a Councilmember’s remote
attendance request unless satisfactory video conferencing equipment or technology is
available. Satisfactory equipment shall mean video conferencing software and connectivity
to support the use of the City’s preferred video conferencing platform and complies with
the requirements of state law. The
device or technology must allow the Councilmember to pose and answer questions that
are posed from time to time, and to permit the public to see and hear the Councilmember
at all times.
(e) During any meeting that a Councilmember is attending via remote
communication, the presiding officer or City Administrator shall state for the record
that a particular Councilmember is attending via remote communication and the
reasons for such attendance.
City Council Rules of Procedure
Amended 09-21-2026
(f) Councilmembers appearing via remote communication may participate and vote
during the meeting as if they were physically present at the meeting.
(g) Councilmembers appearing remote communication shall comply with all rules and
procedures as if they were physically present at the meeting. In the case of executive
sessions, the City Administrator may permit participation from remote location(s) only
when the City Administrator on a case-by-case basis considers such participation to be
necessary and the City Administrator is confident in the security of such remote
communications.
(h) These provisions may be superseded in the case of pandemic or other emergency during
which the requirements of the Open Public Meetings Act have been suspended by operation
of law or proclamation of the Governor or other official with jurisdiction. The City Council
reserves the right to make exceptions to the provisions of this paragraph 1.7 via motion at
any duly noticed City Council meeting.
2. Types of Meetings
2.1 Regular Council Meetings: The Council shall meet on the first and third Monday of
each month at 6 p.m. When a Council meeting falls on a holiday, the Council shall
meet on Tuesday following the Monday holiday. The Council may reschedule regular
meetings to a different date or time by motion. The location of the meetings shall be
the Council Chambers at 110 E. Third Street, unless specified otherwise by a majority
vote of the Council. All regular and special meetings shall be public.
2.2 Special Meetings: Special meetings may be called by the Mayor or any four (4)
members of the Council. The City Clerk shall prepare a notice of the special meeting
stating the time, place and business to be transacted. The City Clerk shall attempt to
notify each member of the Council, either by telephone or otherwise, of the special
meeting. The City Clerk shall give at least 24 hours' notice of the special meeting to
each local newspaper of general circulation and to each local radio and/or television
station, which has filed with the Clerk a written request to be notified of special
meetings. No subjects other than those specified in the notice shall be considered. The
Council may not make final disposition on any matter not mentioned in the notice.
Special meetings may be called in less than 24 hours, and without the notice required
in this section, to deal with emergencies involving injury or damage to persons or
property or the likelihood of such injury or damage if the notice requirements would
be impractical or increase the likelihood of such injury or damage.
2.3 Continued and Adjourned Sessions: Any session of the Council may be continued
or adjourned from day to day, or for more than one day, but no adjournment shall be for
a longer period than until the next regular meeting.
City Council Rules of Procedure
Amended 09-21-2026
2.4 Study Sessions and Workshops: The Council may meet informally in study sessions
and workshops, at the call of the Mayor or of any three or more members of the
Council, to review forthcoming programs of the city, receive progress reports on
current programs or projects, receive other similar information from city department
heads or conduct procedures workshops, provided that all discussions and conclusions
thereon shall be informal and do not constitute official actions of the Council. Study
sessions and workshops held by the Council are "special meetings" of the Council, and
the notice required by RCW 42.30.080 must be provided.
2.5 Executive Sessions: Executive sessions or closed meetings may be held in accordance
with the provisions of the Washington State Open Public Meetings Act (Chapter 42.30 RCW).
Among the topics that may be discussed in executive session or closed meetings are: (1)
personnel matters; (2) consideration of acquisition of property for public purposes or sale of
city-owned property; and (3) potential or pending litigation in which the city has an interest, as
provided in the Revised Code of Washington. The Council may hold an executive session
during a regular or special meeting.
Before convening in executive session the Chair shall publicly announce the purpose for
excluding the public from the meeting place and the time when the executive session
will be concluded. If the Council wishes to adjourn at the close of a meeting from
executive session, that fact will be announced along with the estimated time for the
executive session. The announced time limit for executive sessions may be extended to
a stated later time by the announcement of the Chair.
2.6 Attendance of Media at Council Meetings: All official meetings of the Council and
its committees shall be open to the media, freely subject to recording by radio, television
and photographic services at any time, provided that such arrangements do not
interfere with the orderly conduct of the meetings.
3. Chair and Duties
3.1 Chair: The Mayor, if present, shall preside as Chair at all meetings of the Council.
In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both
the Mayor and Mayor Pro Tem, the Council shall elect a Chair.
3.2 Call to Order: The meetings of the Council shall be called to order by the Mayor or,
in his or her absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro
Tem, the meeting shall be called to order by the City Clerk or Clerk's designee for the
election of a temporary Chair.
City Council Rules of Procedure
Amended 09-21-2026
3.3 Preservation of Order: The Chair shall preserve order and decorum; prevent attacks
on personalities or the impugning of members' motives and confine members in debate
to the question under discussion.
3.4 Points of Order: The Chair shall determine all points of order, subject to the right
of any member to appeal to the Council. If any appeal is taken, the question shall be
"Shall the decision of the Chair be sustained?".
3.5 Questions to be Stated: The Chair shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken upon all questions.
3.6 Mayor - Powers: The Mayor may not make or second motions, but may participate
in debate to the extent that such debate does not interfere with chairing the meeting.
If the mayor wishes to participate vigorously in the debate of an issue, the Mayor shall turn
over chairing of that portion of the meeting to the Mayor Pro Tem, or to another Council
member if the Mayor Pro Tem is absent. The Mayor's voting rights and veto power are as
specified in RCW 35A. 12. 100.
4. Order of Business and Agenda
4.1 Order of Business For Regular Meetings: The order of business for all regular meetings
shall be transacted
as follows unless the Council, by a majority vote of the members present suspends the
rules and changes the order:
(1) Call to Order
(2) Pledge of Allegiance
(3) Approval of the Agenda
(4) Special Guests/Presentations/Proclamations
(5) Public Comment
(6) Consent Agenda
(7) Public Hearings
(8) Action Items
(9) Comments from Council Members
(10) Information/Administrator & Staff Reports
(11) Mayor’s Report
(12) Executive Session/Reconvene
(13) Adjourn
The Consent Agenda may contain items which are of a routine and non-controversial
nature which may include, but are not limited to, the following: meeting minutes,
payroll, claims, budget amendments, park use requests and any item previously
approved by Council with a unanimous vote and which is being submitted to Council for
final approval.
City Council Rules of Procedure
Amended 09-21-2026
Any item on the Consent Agenda may be removed and considered separately as an
agenda item at the request of any Council member or any person attending a Council
meeting.
4.2 Order of Business for Workshop Meetings: The order of business for all workshop
meetings shall be transacted as follows unless the Council, by a majority vote of the
members present suspends the rules and changes the order:
(1) Call to Order
(2) Pledge of Allegiance
(3) Approval of the Agenda
(4) Special Guests/Presentations
(5) Workshop Items
(6) Information/Administrator & Staff Reports
(7) Mayor’s Report
(8) Comments from Council Members/Councilmember Reports
(9) Review of Consent Agenda Items for Next Meeting
(10) Executive Session/Reconvene
(11) Adjourn
4.3 Council Agenda: The mayor shall prepare the agenda for Council meetings.
Subject to the Council's right to amend the agenda, no legislative item shall be voted
upon which is not on the Council agenda, except in emergency situations (defined
as situations which would jeopardize the public's health, safety or welfare).
4.4 Mayor and Council member Comments: The agenda shall provide a
time when the Mayor ("Mayor's Report") or any Council member ("Comments From
Council Members") may bring before the Council any business that he/she feels should
be deliberated upon by the Council. These matters need not be specifically listed on the
agenda, and deliberation may be deferred until a following Council Workshop. Any
formal action on such matters (i.e., Council vote) may be taken at a subsequent Council
meeting, except that immediate action may be taken upon a vote of a majority of all
members of the Council. There shall be no lectures, speeches or grandstanding.
5. Consensus and Motions
5.1 Motions: No motion shall be entertained or debated until duly seconded and
announced by the Chair. The motion shall be recorded and, if desired by any Council
member, it shall be read by the Recorder before it is debated and, by the consent of
the Council, may be withdrawn at any time before action is taken on the motion.
City Council Rules of Procedure
Amended 09-21-2026
5.2 Votes on Motions: Votes shall be taken by voice vote; provided, that any member
of the Council may request a roll call vote on any matter. Each member present shall
vote on all questions put to the Council except on matters in which he or she has been
disqualified for a conflict of interest or under the appearance of fairness doctrine.
Such member shall disqualify him or herself prior to any discussion of the matter and
shall leave the Council Chambers. When disqualification of a member or members
results or would result in the inability of the Council at a subsequent meeting to act on
a matter on which it is required by law to take action, any member who was absent or
who had been disqualified under the appearance of fairness doctrine may
subsequently participate, provided such member first shall have reviewed all
materials and listened to all tapes of the proceedings in which the member did not
participate.
5.3 Failure to Vote on a Motion: Any Council member present who fails to vote
without a valid disqualification shall be declared to have voted in the affirmative on
the question.
5.4 Motions to Reconsider: A motion to reconsider must be made by a person who voted
with the majority on the principal question and must be made at the same or succeeding
regular meeting. No motion to reconsider an adopted quasi-judicial written decision
shall be entertained after the close of the meeting at which the written findings were
adopted.
6. Public Hearing Procedures
6.1 Speaker Sign-In: Prior to the start of a public hearing the Chair may require that all
persons wishing to be heard sign in with the Recorder, giving their name and whether
they wish to speak as a proponent, opponent or from a neutral position. Any person
who fails to sign in shall not be permitted to speak until all those who signed in have
given their testimony.
The Chair, subject to the concurrence of a majority of the Council, may establish time
limits and otherwise control presentations. (Suggested time limit is three minutes per
speaker or five minutes when presenting the official position of an organization or
group.) The Chair may change the order of speakers so that testimony is heard in the
most logical groupings (i.e. proponents, opponents, adjacent owners, etc.).
6.2 Conflict of Interest/Appearance of Fairness: Prior to the start of a public hearing
the Chair will ask if any Council member has a conflict of interest or Appearance of
Fairness Doctrine concern which could prohibit the Council member from participating
in the public hearing process. A Council member who refuses to step down after
challenge and the advice of the City Attorney, a ruling by the Mayor or Chair and/or a
request by the majority of the remaining members of the Council to step down is
City Council Rules of Procedure
Amended 09-21-2026
subject to censure. The Council member who has stepped down shall not participate in
the Council decision nor vote on the matter. The Council member shall leave the
Council Chambers while the matter is under consideration, provided, however, that
nothing herein shall be interpreted to prohibit a Council member from stepping down in
order to participate in a hearing in which the Council member has a direct financial or
other personal interest.
6.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public
hearing and announces the following Rules of Order:
(1) All comments by proponents, opponents or other members of the public shall be
made from the podium; any individuals making comments shall first give their name
and address. This is required because an official recorded transcript of the public
hearing is being made.
(2) No comments shall be made from any other location. Anyone making "Out of
Order" comments shall be subject to removal from the meeting. If you are disabled
and require accommodation, please advise the Recorder.
(3) There will be no demonstrations during or at the conclusion of
anyone's presentation.
(4) These rules are intended to promote an orderly system of holding a public
hearing, to give every person an opportunity to be heard, and to ensure that no
individual is embarrassed by exercising his/her right of free speech.
· The Chair calls upon city staff to describe the matter under consideration.
· The Chair calls upon proponents, opponents and all other individuals who
wish to speak regarding the matter under consideration.
· The Chair inquires as to whether any Council member has questions to ask
the proponents, opponents, speakers or staff. If any Council member has
questions, the appropriate individual will be recalled to the podium.
· The Chair continues the public hearing to a time specific or closes the
public hearing.
7. Duties and Privileges of Citizens
7.1 Meeting Participation: Citizens are welcome at all Council meetings and are
encouraged to attend and participate prior to the deliberations of the Council.
Recognition of a speaker by the Chair is a prerequisite and necessary for an orderly and
effective meeting, be the speaker a citizen, Council member or staff member. Further, it
will be expected that all speakers will deliver their comments in a courteous and efficient
manner and will speak only to the specific subject under consideration. Anyone making
out-of-order comments or acting in an unruly manner shall be subject to removal from
the meeting. Use of cellular telephones is prohibited in the Council Chambers.
City Council Rules of Procedure
Amended 09-21-2026
7.2 Subjects Not on the Current Agenda: Under agenda item "Comments from
Citizens" citizens may address any item they wish to discuss with the Mayor and
Council. They shall first obtain recognition by the Chair, state their name, address and
subject of their comments. The Chair shall then allow the comments, subject to a three
(3) minute limitation per speaker, or other limitations as the Chair or Council may deem
necessary. Following such comments, if action is required or has been requested, the
Chair may place the matter on the current agenda or a future agenda or refer the
matter to staff or a Council committee for action or investigation and report at a future
meeting.
7.3 Subjects on the Current Agenda: Any member of the public who wishes to address
the Council on an item on the current agenda shall make such request to the Chair or
Presiding Officer. The Chair shall rule on the appropriateness of public comments as
the agenda item is reached. The Chair may change the order of speakers so that
testimony is heard in the most logical grouping (i.e. proponents, opponents, adjacent
owners, etc.). All comments shall comply with the time limits set forth in Section 7.4
Manner of Addressing the Council – Time Limit, or other limitations as the Chair or
Council may deem necessary.
7.4 Manner of Addressing the Council - Time Limit: Each person addressing the
Council shall step up to the podium, give his/her name and address in an audible tone of
voice for the record and, unless further time is granted by the Council, shall limit his/her
remarks to three (3) minutes. If ten (10) persons or more have signed up to comment,
each speaker shall be limited to two (2) minutes. Agenda items "Comments from
Citizens" and "Continued Comments from Citizens" shall be limited to a total of 30
minutes each, unless additional time or less time is agreed upon by the Council
(dependent upon the length of the Council agenda). All remarks shall be addressed to
the Council as a body and not to any member thereof.
No person, other than the Chair, members of the Council and the person having the floor,
shall be permitted to enter into any discussion, either directly or through the members
of the Council. No questions shall be asked of the Council members, except through the
Chair. The Council will then determine the disposition of the issue (information -only,
place on present agenda, workshop, a future agenda, assign to staff, assign to Council
Committee or do not consider).
7.5 Personal and Slanderous Remarks: Any person making personal, impertinent or
slanderous remarks or who shall become boisterous while addressing the Council may
be requested to leave the meeting and may be barred from further audience before
the Council during that Council meeting by the Chair or Presiding Officer.
City Council Rules of Procedure
Amended 09-21-2026
7.6 Written Communications: Interested parties, or their authorized
representatives, may address the Council by written communication in regard to any
matter concerning the city's business or over which the Council had control at any
time. The written communication may be submitted by direct mail or by addressing
the communication to the City Clerk who will distribute copies to the Council
members. The communication will be entered into the record without the necessity
for reading as long as sufficient copies are distributed to members of the
audience/public.
7.7 Comments in Violation of the Appearance Of Fairness Doctrine: The Chair may
rule out of order any comment made with respect to a quasi-judicial matter pending
before the Council or its Boards or Commissions. Such comments should be made
only at the hearing on a specific matter. If a hearing has been set, persons whose
comments are ruled out of order will be notified of the time and place when they
can appear at the public hearing on the matter and present their comments.
7.8 ”Out of Order” Comments: Any person whose comments have been ruled out of
order by the Chair shall immediately cease and refrain from further improper
comments. The refusal of an individual to desist from inappropriate, slanderous or
otherwise disruptive remarks after being ruled out of order by the Chair may subject
the individual to removal from the Council Chambers. These rules are intended to
promote an orderly system of holding a public meeting and to give every person an
opportunity to be heard.
8. Filling Council Vacancies and Selecting Mayor Pro Tem
8.1 Notice of Vacancy: If a Council vacancy occurs, the Council will follow
the procedures outlined in RCW 42.12.070.
In order to fill the vacancy with the most qualified person available until an election is
held, the Council will widely distribute and publish a notice of the vacancy and the
procedure and deadline for applying for the position.
8.2 Application Procedure: The Council will draw up an application form which
contains relevant information that will answer set questions posed by Council. The
application form will be used in conjunction with an interview of each candidate to
aid the Council's selection of the new Council member.
8.3 Interview Process: All candidates who submit an application by the deadline will
be interviewed by the Council during a regular or special Council meeting open to the
public. The order of the interviews will be determined by drawing the names; in order
to make the interviews fair, applicants will be asked to remain outside the Council
City Council Rules of Procedure
Amended 09-21-2026
Chambers while other applicants are being interviewed. Applicants will be asked to
answer questions submitted to them in advance of the interview and questions posed
by each Council member during the interview process. The Council members will ask
the same questions of each candidate. Each candidate will then be allowed two (2)
minutes for closing comments. Since this is not a campaign, comments and responses
about other applicants will not be allowed.
8.4 Selection of Council member: The Council may recess into executive session to
discuss the qualifications of all candidates. Nominations, voting and selection of a
person to fill the vacancy will be conducted during an open public meeting.
8.5 Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro
Tem and Alternate Mayor Pro Tem will be selected by a majority vote of the Council
members at the second meeting in January in even years or when there is a vacancy. In
selecting the Mayor Pro Tem, the Council will be guided by the following principles:
• To preserve continuity in the office, the Mayor Pro Tem shall generally
serve for a term of two (2) years.
• The Mayor Pro Tem should have served as a Council member for at
least two (2) years before appointment to the office of Mayor Pro Tem.
• The Mayor Pro Tem will generally be selected from the
eligible Council members who have served the longest in
office.
The Alternate Mayor Pro Tem will be the Council member that most recently served as
Mayor Pro Tem.
9. Creation of Committees, Boards and Commissions
9.1 Citizen Committees, Boards and Commissions: The Council may create
committees, boards and commissions to assist in the conduct of the operation of
city government with such duties as the Council may specify not inconsistent with
the city code.
9.2 Membership and Selection: Membership and selection of members shall be
as provided by the Council if not specified otherwise in the city code.
Any committee, board or commission so created shall cease to exist upon the
accomplishment of the special purpose for which it was created, or when abolished by a
majority vote of the Council. No committee so appointed shall have powers other than
advisory to the Council or to the Mayor except as otherwise specified in the city code.
City Council Rules of Procedure
Amended 09-21-2026
10. City Code of Ethics
10.1. Personal integrity. The professional and personal conduct of City elected officials must
be above reproach and avoid even the appearance of impropriety. City elected officials shall
endeavor to treat citizens equally and with respect and shall refrain from abusive conduct,
threats of official action, personal accusations or verbal attacks upon the character or
motives of other members of the Mayor or Council, boards and commissions, the staff or
public. City elected officials shall maintain truthfulness and honesty and not compromise
them for advancement, honor, or personal gain. Additionally, City elected officials shall not
directly or indirectly induce, encourage or aid anyone to violate the Code of Ethics and it is
incumbent upon City elected officials to make a good faith effort to address apparent
violations of this Code of Ethics.
10.2. Respect for Process. City elected officials shall perform their duties in accordance
with the processes and rules of order established by the City Council and board and
commissions governing the deliberation of public policy issues, meaningful involvement of
the public, and implementation of policy decisions of the City Council by City staff.
10.3. Conduct of Public Meetings. City elected officials shall prepare themselves for public
issues; listen courteously and attentively to all public discussions before the body; and focus
on the business at hand. They shall refrain from interrupting other speakers; making
personal comments not germane to the business of the body; or otherwise interfering with
the orderly conduct of meetings.
10.4. Decisions Based on Merit. City elected officials shall base their decisions on the
merits and substance of the matter at hand, rather than on unrelated considerations.
10.5. Public Disclosure. City elected officials shall publicly disclose substantive information
that is relevant to a matter under consideration by the Council or boards and commissions,
which they may have received from sources outside of the public decision-making process.
Council members shall represent when making public statements that opinions stated are
the Member's own and do not necessarily represent those of the Council unless the Council
has voted and passed an ordinance, resolution or motion that so states the expressed policy.
10.6 Punishment. The Council has power under state law to impose punishment on its
members, short of removal of office, for violation of state law or Council rules. If a member
of the Council shall transgress these rules, the presiding officer shall call such member to
order, in which case such member shall be silent except to explain or continue in order. If
the presiding officer shall transgress these rules or fail to call such member to order, any
other member of the Council may, under a point of order, call the presiding officer or such
other member to order, in which case the presiding officer or such member, as the case
may be, shall be silent except to explain or continue in order. Additional consequences may
City Council Rules of Procedure
Amended 09-21-2026
include a verbal admonition, written reprimand, censure, expulsion from the meeting at
which the conduct is occurring, removal of the Councilmember from the Council committee
chair positions or committee memberships, or removal of intergovernmental duties, based
on an affirmative vote of a majority of the Council; in such a vote the elected official shall
not be entitled to vote. Expulsion for such behavior in the Council’s presence shall require
the affirmative vote of a majority of the Council, specifying in the motion or order of
expulsion the cause for expulsion.
11. Suspension and Amendment of These Rules
11.1 Suspension of these Rules: Any provision of these rules not governed by the city
code may be temporarily suspended by a vote of a majority of the Council.
11.2 Amendment of These Rules: These rules may be amended or new rules adopted by
a majority vote of all members of the Council, provided that the proposed amendments
or new rules shall have been introduced into the record at a prior Council meeting.
City of Arlington Council Agenda Bill Item: NB #2 Attachment GCOUNCIL MEETING DATE: September 2, 2026 Public Records Claim Settlement Agreement
None
Executive; City Administrator Paul Ellis EXPENDITURES REQUESTED: $7,500.00 BUDGET CATEGORY: Administration BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: discussed in Executive Session.
Mark Daniels submitted a public records request for information on August 16, 2025 for records dating January 1, 2023 to December 31, 2024. ALTERNATIVES:
the City Administrator to sign.
Page 1 of 6
{KIL4924-0480-7628;1/13217.000025/}
SETTLEMENT AGREEMENT AND RELEASE IN FULL
MARK DANIELS V. CITY OF ARLINGTON
This Settlement Agreement (“Agreement”) is entered into and effective as of the date of the last
signature on this Agreement (the “Effective Date”), between the City of Arlington (hereinafter
“the City”) on the one hand, and Petitioner Mark Daniels (hereinafter “Petitioner”) on the other
hand. Each of the foregoing individually is referred to herein as a “Party”and collectively as the
“Parties.”
WHEREAS, on or about August 16, 2025, Petitioner under the pseudonym, Cleveland Orenthal
Brown, Sr., submitted a public records request to the City and the Arlington Police Department
pursuant to the Washington Public Records Act (“PRA”), Chapter 42.56 RCW, seeking use-of-
force logs, officer complaint logs, and Brady/Giglio list or referral records for the period January
1, 2023 through December 31, 2024 (the “Request”), which was assigned Request No.
W016798-081825;
WHEREAS, on or about April 3, 2026, Petitioner filed a Petition for Judicial Review and
Enforcement of the Public Records Act in the Superior Court of the State of Washington in and
for the County of Snohomish, Case No. 26-2-03363-31 (the “Petition”), alleging that the City
violated the PRA in regard to Request No. W016798-081825;
WHEREAS, the City denies all allegations of wrongdoing or liability and maintains the defenses
set forth in its Answer and Affirmative Defenses, including that the City complied with all of its
obligations under the PRA in responding to the Request;
WHEREAS, the Parties desire to resolve all claims and disputes between them arising from or
related to the Request, the City’s response thereto, and the Petition, without any admission of
fault or liability by either Party, and to avoid the expense, burden, and uncertainty of further
litigation;
NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of
which are hereby acknowledged, each of the Parties hereby agrees as follows:
1.PAYMENT TERMS.
The City shall pay the total sum of $7,500 (seven thousand five hundred dollars) (hereinafter the
“Settlement Amount”) to Petitioner within fourteen (14) calendar days of the date on which both
of the following have occurred: (1) execution of this Agreement by both Parties; and (2)
Petitioner’s delivery of a completed IRS Form W-9 to the City. The settlement check shall be
made payable to Mark Daniels and sent to: 12621 N. Tatum Blvd #1010, Phoenix, AZ 85032.
The City will issue an IRS Form 1099 to Petitioner for the Settlement Amount. Petitioner
acknowledges that he is solely responsible for determining and satisfying his personal tax
obligations, if any, arising from the Settlement Amount. The City makes no representation
concerning the tax treatment of the Settlement Amount. The Parties shall each bear their own
attorneys’ fees and costs.
The Parties agree to the following sequence of performance: (i) upon execution of this
Agreement by both Parties (the Effective Date), this Agreement becomes effective; (ii) within
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five (5) business days of the Effective Date, Petitioner shall execute and deliver to the City the
agreed Stipulation and Order for Dismissal with prejudice; (iii) within fourteen (14) calendar
days of the Effective Date, the City shall complete the records disclosure obligations set forth in
Section 2 and shall complete payment of the Settlement Amount in accordance with this Section,
provided that the City shall not be obligated to issue payment until it has received the executed
Stipulation and Order for Dismissal from Petitioner; (iv) Petitioner’s release of claims under
Section 3 shall become effective upon the City’s completion of all obligations under clause (iii);
and (v) the City shall not present the Stipulation and Order for Dismissal to the Court for entry
until it has completed all obligations under clause (iii), and City’s counsel shall notify Petitioner
prior to filing.
2.DISCLOSURE OF CERTAIN RECORDS.
Within fourteen (14) calendar days of the Effective Date, the City agrees to:
(a) Produce the use-of-force log data and officer complaint log data responsive to
Request No. W016798-081825 for the date range January 1, 2023 through December 31,
2024, in Excel or CSV format, with all responsive fields visible and untruncated.
(b) Confirm that no responsive records were located through the City’s prior searches
responsive to Category 3 of the Request, which sought: “Brady/Giglio List Any current
list or record of officers flagged for dishonesty, credibility issues, or misconduct affecting
disclosure obligations. If none exists, please provide any records of referrals to the county
prosecutor, CJTC, or similar POST authority for credibility concerns” for the date range
January 1, 2023 through December 31, 2024. The City shall confirm the same in the
written summary provided under subsection (e).
(c) Produce any CJTC Form 1902 related to Officer Alexander Donchez in the City’s
possession, subject to any applicable statutory redactions. The Parties acknowledge that
the City has represented that no Form 1915 exists in the City’s possession.
(d) To the extent any records or portions of records are withheld or redacted, provide a
withholding and redaction log identifying such records, together with the statutory basis
for each withholding or redaction. The Parties acknowledge that the City does not
anticipate withholding or redacting any records.
(e) Provide a written narrative summary identifying the persons who performed or
directed the searches, the custodians consulted, the systems and/or repositories searched,
the dates the searches were conducted, whether each search occurred before or after
closure of the Request, the date ranges and search terms applied, and the methods
employed in the searches already conducted in response to the Request. The summary
shall be reviewed for accuracy by a City representative with knowledge of the searches
conducted.
Any disclosure made in response to this section of the agreement is solely as an accommodation
to facilitate the resolution of this matter and does not constitute a new or separate public records
request under the Public Records Act. The City agrees to perform its obligations under this
Section in good faith.
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Petitioner shall not assert a new PRA claim or seek PRA penalties based on the City’s
performance under this Section. Petitioner acknowledges that the City’s good-faith performance
of its obligations under subsections (a) through (e) shall constitute full satisfaction of the City's
disclosure obligations under this Section. Nothing in this Section limits either Party’s right to
seek remedies for a material breach of any other provision of this Agreement.
The Public Records Act does not require an agency to create a record that does not exist, and any
accommodation by the City in creating or compiling data pursuant to this Section shall not be
construed as a concession on that point or as an admission regarding the adequacy of the City’s
prior production.
3.RELEASE OF CLAIMS AND STIPULATION AND ORDER FOR DISMISSAL.
In consideration of the Settlement Amount and the records disclosure set forth above, Petitioner
releases and forever discharges the City, its insurers, affiliates, agents, principals, employees,
officers, elected officials, representatives, predecessors, successors, and assigns from any and all
claims, demands, debts, liabilities, damages (including attorneys’ fees and costs), equitable
relief, and causes of action of whatever kind or nature, known or unknown, past, present or
future, arising out of or in any way connected with Petitioner’s public records request submitted
to the City on or about August 16, 2025 (Request No. W016798-081825), including but not
limited to any claims or allegations in the Petition.
Without limiting the generality of the foregoing, this release includes all matters, claims,
demands, liabilities, obligations, damages, equitable relief, causes of action, or suits, including
all claims for any and all statutory penalties, fees, and costs under Chapter 42.56 RCW, and any
related equitable or declaratory relief, whether known or unknown, whether suspected or
unsuspected, arising out of or in any way connected with the above-entitled claims, allegations,
or the Petition.
Notwithstanding the foregoing, this release does not extend to claims to enforce the terms of this
Agreement.
Petitioner’s release of claims under this Section shall become effective upon the City’s
completion of both (a) payment of the Settlement Amount in full and (b) the records disclosure
obligations set forth in Section 2. Within five (5) business days of the Effective Date, Petitioner
shall execute and deliver to the City the agreed Stipulation and Order for Dismissal with
prejudice of the Petition, with the Parties to bear their own attorneys’ fees and costs. The City
shall not present the Stipulation and Order for Dismissal to the Court for entry until the City has
completed all obligations under this Agreement. Once those conditions are satisfied, the City
shall bear the burden of presenting the Stipulation and Order for Dismissal to the Court for entry,
and City’s counsel shall notify Petitioner prior to submission. Petitioner waives appearance for
entry of the stipulated order of dismissal.
4.COVENANT NOT TO SUE.
Petitioner covenants and agrees not to file or initiate any lawsuit, claim, complaint, charge, or
proceeding against the City or any of its officials, officers, employees, agents, or representatives
arising from or related to Request No. W016798-081825, the City’s response thereto, the records
or data produced or disclosed pursuant to Section 2 of this Agreement, or any of the claims
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asserted or that could have been asserted in the Petition. This covenant shall become effective
upon the City’s completion of its obligations under Sections 1 and 2.
5.SATISFACTION OF THE PUBLIC RECORDS ACT.
Petitioner acknowledges that the City closed Request No. W016798-081825 and agrees that,
upon the City’s completion of its obligations under Section 2 of this Agreement, the City will
have satisfied its obligations under the Public Records Act, RCW 42.56 et seq., with regard to
Request No. W016798-081825.
6.REPRESENTATIONS AND AUTHORITY TO SIGN THE AGREEMENT.
Each of the Parties that is a signatory to this Agreement specifically represents and warrants to
the other Parties that: (i) he/she/it holds all right, title, and interest to all claims, demands, choses
in action, or causes of action covered by the terms of this Agreement; (ii) he/she/it has not sold,
assigned, granted, transferred, or encumbered to any person, firm, or entity any interest in any
claim, demand, choses in action, or cause of action covered by the terms of this Agreement, or
any part hereof; (iii) he/she/it is authorized and has the right to surrender, compromise, settle,
and cancel the claims, demands, choses in action, and causes of action covered by the terms of
this Agreement, or any part hereof; (iv) he/she/it has had the opportunity to consult with
independent legal counsel with respect to the advisability of making the settlement provided
herein and the advisability of executing this Agreement; (v) he/she/it has made such
investigation of the facts pertaining to this settlement, this Agreement, and all the matters
pertaining hereto as he/she/it deems necessary; and (vi) in executing this Agreement, he/she/it
does not rely on any inducements, promises, representations, or omissions of the other Parties,
other than the terms and conditions specifically set forth in this Agreement. Each signatory
warrants that he/she/it has full authority to bind the Party on whose behalf the signatory executes
this Agreement.
7.SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and shall inure to the benefit of the Parties and their heirs,
successors, and assigns.
8.MODIFICATION, WAIVER, AMENDMENT OR TERMINATION.
No provision of this Agreement may be modified, amended, waived, or terminated except by an
instrument in writing signed by all of the Parties.
9.CONSTRUCTION.
The Parties agree that this Agreement was fully negotiated, that the language used in this
Agreement is the language chosen by the Parties to express their mutual intent, and that this
Agreement shall not be interpreted against any Party as the drafter of this Agreement. The Parties
agree and acknowledge that they have retained separate legal counsel, or had an opportunity to
retain separate legal counsel, to review this Agreement and provide them with legal advice prior
to the execution of this Agreement.
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10.SECTION HEADLINES.
The section headings used in this Agreement are for convenience of reference only and do not
constitute a part of this Agreement and shall not be deemed to limit, characterize, or in any way
affect any provision of this Agreement, and all provisions of this Agreement shall be enforced
and construed as if no section heading had been used in this Agreement.
11.NO ADMISSION OF FAULT OR LIABILITY.
This is a compromise of a disputed claim. Liability is and remains denied by the City. Nothing in
this Agreement shall be taken to reflect an acknowledgement by any of the Parties of any fault,
wrongdoing, or liability of the City.
12.PRONOUNS.
All pronouns and any variations thereof refer to the masculine, feminine, or neuter,
and/or singular or plural, as the identity of the person or persons may require.
13.APPLICABLE LAW; JURISDICTION AND VENUE.
This Agreement shall be governed by the laws of the State of Washington. The Parties consent to
the exclusive jurisdiction and venue of the state courts located in Snohomish County,
Washington, for any action arising out of or relating to this Agreement.
14.ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding and agreement among the Parties with respect
to the subject matter hereof and supersedes all prior negotiations, representations,
understandings, agreements, or arrangements between the Parties, whether written or oral, with
respect to the subject matter hereof. The Parties acknowledge that they are not relying upon any
statement, representation, or promise not expressly set forth in this Agreement.
15.SEVERABILITY.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to
be effective and valid under applicable law, but, if any provision of this Agreement is held to be
invalid, illegal, or unenforceable under any applicable law or rule, the validity, legality, and
enforceability of the other provisions of this Agreement will not be affected or impaired thereby.
16.COUNTERPARTS AND FACSIMILE/EMAIL.
The Parties agree that this Agreement may be executed in multiple counterparts and, upon such
execution, all the counterparts taken together shall constitute one and the same Agreement.
Counterparts and signatures transmitted by facsimile or email shall be valid and effective as
originals.
17.NOTICES.
All notices, demands, or other communications required or permitted under this Agreement shall
be in writing and shall be deemed duly given when (a) delivered personally, (b) sent by certified
mail, return receipt requested, postage prepaid, or (c) sent by email with confirmation of receipt,
addressed as follows:
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To the City:
City of Arlington,
c/o Ogden Murphy Wallace, P.L.L.C.
Attn: Kari I. Lester
701 Fifth Avenue, Suite 5600, Seattle, WA 98104
Email: klester@omwlaw.com
To Petitioner:
Mark Daniels
12621 N. Tatum Blvd #1010
Phoenix, AZ 85032
Email: silentwarrioradvocacy@gmail.com
Either Party may change its notice address by providing written notice to the other Party in
accordance with this Section.
BY EXECUTING THIS AGREEMENT, EACH OF THE PARTIES HERETO EVIDENCES
THAT SUCH PARTY CAREFULLY READ AND FULLY UNDERSTANDS ALL OF THE
PROVISIONS OF THIS AGREEMENT. EACH PARTY HERETO FURTHER
ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS NOT
RELIED ON ANY PROMISE OF FUTURE BENEFIT OR ANY STATEMENT OF ANY OF
THE PARTIES HERETO, OR ANYONE REPRESENTING ANY OF THE PARTIES
HERETO, WHETHER WRITTEN OR ORAL, NOT SET FORTH IN THIS AGREEMENT.
EACH PARTY EXECUTING THIS AGREEMENT ACKNOWLEDGES THAT HE/SHE/IT
DOES SO VOLUNTARILY AND OF HIS/HER/ITS OWN FREE WILL AND CHOICE.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the respective dates
indicated below.
ACCEPTED AND AGREED:
__________________________________________________________________
Mark Daniels Date
PETITIONER, PRO SE
__________________________________________________________________
Paul Ellis Date
CITY OF ARLINGTON, City Administrator
City of Arlington Council Agenda Bill NB #3 Attachment
September 21, 2026 Appointment of Parks, Arts and Recreation Commissioner
Redacted application
Administration; Community Engagement Director, Sarah Lopez EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Recreation Commission for the term expiring April 1, 2028. Mayor Vanney selected David Scherer to be appointed. David was interviewed in February 2026.
ALTERNATIVES:
Y. Application for Boards and Commissions
Full Name*
David Wayne Scherer
Address*
Arlington,WA 98223
Home Phone* Work Phone*
Radio Button
Choice 1
Choice 2
Choice 3
E-mail*
I am interested in serving on the following Boards&Commisions:
Airport Commision Civil Service Commission Parks,Arts,and Recreation Commission
Lodging Tax Advisory Committee Cemetery Board Planning Commission
Citizen Salary Commission LEOFF 1 Disability Board
P
Background/Experience/Interest*
My name is David Scherer and I'm a 42 year old stay at home father of 2 beautiful little girls. My wife and I moved to Arlington from Lake Stevens
in 2019 just a month before our first daughter was born. We chose Arlington because of its small town charm,rural/farming/suburban
atmosphere and the values of the community here. It's the perfect town to raise a great family in. My background is in Arts,Entrepreneurship,
Education and Customer Experience. Community arts is in my family's blood.My grandmother was an accomplished painter and designer in her
hometown of Greenfield,Massachusetts.My mother was the President of the Pomona Valley Art Association in Southern California and I grew up
attending the meetings and events with her. My sister is on the Board of Directors of the Sawdust Art Festival in Laguna Beach,CA. In college I
studied History and Art History,worked as an assistant professor for my community college on art and architecture tours of Italy. As a young
man I received awards for my photography and when I completed my college education I blended three of my passions(Art,Entrepreneurship
and Skateboading)and started a skateboard company with a focus on the art and the artists who designed the board art. We developed a new
technique for printing our boards using state of the art UV printers which allowed us to really showcase our art and artists. We set up our
headquarters in the Pomona Arts Colony(which my mom had helped conceive of and develop decades earlier)and ran the front of the office as
an art gallery. We participated in the monthly'Art Walks",showcased mainly local and LA area artists but also visiting artists from other countries
as well. I also briefly served on the Board of Directors of the dA Gallery in the Pomona Arts Colony but relocated shortly after to Northern
California. For 8 summers I helped to construct and operate the annual Millard Sheets Art exhibits at the Millard Sheets Gallery in the LA Fairplex.
During each LA County Fair we had up to 1 million people walk through our exhibits. In 2013 1 moved to Seattle to pursue other goals and
interned at KEXP Radio.
It would be an honor for me to contribute my experience and my passion for the arts and parks here in the town my wife and I have chosen to
raise our family. Arlington is the hometown of our two daughters and I would love to contribute to the qualities that make it such a wonderful
place to live.
Signature*Date*
2026-02-06 12:26:00 PM
Dauidlcil'
City of Arlington Council Agenda Bill Item: NB #5 Attachment J COUNCIL MEETING DATE: September 21, 2026 SUBJECT: Construction Loan Agreement with the Department of Health ATTACHMENTS: Drinking Water State Revolving Fund Loan Agreement for Water Treatment Plant Expansion Project DEPARTMENT OF ORIGIN Public Works Department; Public Works Director Jim Kelly 360-403-3505 EXPENDITURES REQUESTED: $ 25,000.00 Water Capital Funds (match) $ 2,500,000.00 DWSRF Loan BUDGET CATEGORY: Water Capital Funds BUDGETED AMOUNT: $ 4,500,000.00 budgeted 2026 (remainder to be budgeted 2027) LEGAL REVIEW: DESCRIPTION: Authorization to sign Department of Health DWSRF (Drinking Water State Revolving Fund) funding agreement for the Water Treatment Plant (WTP) Expansion Project. HISTORY: The City of Arlington has been seeking funding for the final phase of a multi-year project to expand the Arlington water treatment filtering capacity to meet its available water rights at the Haller South Wellfield. This final phase entails construction of an expansion onto the City’s existing water treatment plant. Staff applied for funding through the Washington State Department of Health DWSRF loan program in 2025 and the City of Arlington has been selected for a $2,500,000.00 low interest loan with 25% forgivable principle for this project. Staff are now requesting authorization for the mayor to sign the funding agreement. This loan will fund only a portion of the overall project, see pg. 27 of the attached contract for total project funding breakdown. ALTERNATIVES: Remand to staff for consideration Do not accept the loan. RECOMMENDED MOTION:
“I move for council to authorize the mayor to sign the funding agreement with the Department of
Health for the Water Treatment Plant Expansion Project.”
DWL33067-0 City of Arlington Page 1 of 42 DWSRF Loan Contract (Municipal) v1
1.CONTRACT FACE SHEET
#2024-4356 Loan Number: DWL33067-0
Washington State Department of Health (DOH)
Drinking Water State Revolving Fund (DWSRF)
Municipal
City of Arlington
238 N Olympic Ave,
Arlington, WA 98223
3.Borrower Type
Construction Loan
4.Borrower’s Statutory Authority
5. Borrower Contract Manager Information 6. DOH Contract Manager
Don E. Vanney
Mayor
360-403-3421
donv@arlingtonwa.gov P.O. Box 47822
Olympia, WA 98504-7822
360 236 4294
Rachel.paris@doh.wa.gov
7.Project Name:
8.Loan Amount: $2,500,000 9. Funding Source 10.Start Date 11. End Date
Loan Fee: $0.00
Interest Rate: 1.75%
Federal:State:
Other:
12. Federal Funding Agency
Catalogue of Federal Assistance (CFDA) Number 66.468
13.Borrower Tax ID #14.SWV #15.Borrower UBI #16.Borrower UEI#
17. Contract Purpose
BORROWER
(CONTRACT) to fund the project identified above and further described in Attachment I (Scope of Work)
(PROJECT) that furthers the goals and objectives of the DOH DWSRF Program (PROGRAM). The Project will be
done by the BORROWER as described in the Attachment I (Scope of Work) and this Contract. The rights and
obligations of the parties are governed by this Contract and the following documents are incorporated by reference:
(1)General Terms and Conditions including Declarations; (2) Attachment I–Scope of Work; (3) Attachment II–
Attorney's Certification; (4) Attachment III–Federal and State Requirements; (5) Attachment IV–Disadvantaged
Business Enterprise Requirements; (6) Attachment V–Certification Regarding Debarment, Suspension, and Other
Responsibility Matters; (7) Attachment VI–DWSRF Eligible Project Costs; and (8) Attachment VII–Labor Standard
Provisions for Subrecipients that are Governmental Entities. By signing below, the parties acknowledge and accept
the terms of this Contract.
AUTHORIZED REPRESESENTATIVE OF
BORROWER
AUTHORIZED REPRESENTATIVE OF DOH
Signature
Print Name
Title
Date
Signature
Print Name
Title
Date
Don E. Vanney
Mayor
DWL33067-0 City of Arlington Page 2 of 42 DWSRF Loan Contract (Municipal) v1
TEMPLATE APPROVED AS TO FORM ONLY
Lisa Koperski, AAG Signature on File
Sept. 16, 2025
Date
DWL33067-0 City of Arlington Page 3 of 42 DWSRF Loan Contract (Municipal) v1
2. TABLE OF CONTENTS
BORROWER INFORMATION
PROJECT INFORMATION (PROJECT)
CONTRACT COMMUNICATION
LOAN INFORMATION
FUNDING INFORMATION
SPECIAL TERMS AND CONDITIONS
4.1. AUTHORITY
4.2. FULL AGREEMENT
4.3. ORDER OF PRECEDENCE
4.5. LOAN FEE
4.7. INTEREST RATE
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
4.10. TIME OF PERFORMANCE
4.12. LOAN PAYMENTS
4.16. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS
4.18. ATTORNEY’S FEES
4.22. DISPUTES
4.24. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
FINANCIAL AUDIT
4.26. FRAUD AND OTHER LOSS REPORTING
DWL33067-0 City of Arlington Page 4 of 42 DWSRF Loan Contract (Municipal) v1
4.27. GOVERNING LAW AND VENUE
4.28. HISTORICAL AND CULTURAL REQUIREMENTS
4.29. INDEMNIFICATION
4.30. INDEPENDENT CAPACITY OF THE BORROWER
4.31. INTERNAL CONTROLS
4.32. INSURANCE COVERAGE REQUIREMENTS
4.33. INDUSTRIAL INSURANCE COVERAGE
4.34. LAWS
4.35. LICENSING, ACCREDITATION, AND REGISTRATION
4.36. LITIGATION
4.37. NONCOMPLIANCE with NONDISCRIMINATION laws
4.38 PAY EQUITY
4.39. POLITICAL ACTIVITES
4.40. PREVAILING WAGE
4.41. PROCUREMENT
4.42. PROHIBITION STATEMENT
4.43. PROJECT SIGNS
4.44. PUBLIC RECORDS ACT
4.45. PUBLICITY
4.46. RATES AND RESERVES
4.47. RECAPTURE
4.48. RECORDKEEPING AND ACCESS TO RECORDS
4.49. REDUCTION IN FUNDS
4.50. REGISTRATION
4.51. RIGHT OF INSPECTION
4.52. SEVERABILITY
4.53. SITE SECURTITY
4.54. STATE PUBLIC WORKS
4.55. SUBCONTRACTING
4.56. SURVIVAL
4.57. TAXES
4.58. TERMINATION FOR CAUSE
4.59. TERMINATION FOR FRAUD
4.60. TERMINATION OR SUSPENSION FOR CONVENIENCE
4.61. TERMINATION PROCEDURES
4.62. WORK HOURS AND SAFETY STANDARDS
4.63. ACCESS TO DATA
4.64. ADVANCE PAYMENTS PROHIBITED
DWL33067-0 City of Arlington Page 5 of 42 DWSRF Loan Contract (Municipal) v1
4.65. ALLOWABLE COSTS
4.66.
4.68. CODE REQUIREMENTS
4.70. DUPLICATE PAYMENT
ATTACHMENT I SCOPE OF WORK (PROJECT)
ATTACHMENT II ATTORNEY’S CERTIFICATION
ATTACHMENT III FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL
ENTITIES
DWL33067-0 City of Arlington Page 6 of 42 DWSRF Loan Contract (Municipal) v1
3. DECLARATIONS
Project Title: City of Arlington WTP Expansion
Project Location (City or County): Arlington
Project State: WA
Project Zip Code: 98223
Legal Name: City of Arlington
Loan Number
Application number
DWL33067-0
2024-4356
Award Year: 2025
Statewide Vendor Number: SWV 0001819-00
Project Scope of Work-Attachment I attached hereto and incorporated by reference.
Communications regarding CONTRACT performance is delegated by each party to its Contract Manager. Either party
may change its Contract Manager by express notice to the other party. Either party may identify on an as needed basis
an alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices
between the parties regarding Contract performance must be provided by written communication to the other party’s
Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the
other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state
holidays and weekends.
3.4. LOAN INFORMATION
Project Completion date.
3.5. FUNDING INFORMATION
Source(s) of Funds from Borrower, with assigned amounts per source: PWTF Loan ($10,000,000), City Capital
3.6. SPECIAL TERMS AND CONDITIONS
DWL33067-0 City of Arlington Page 7 of 42 DWSRF Loan Contract (Municipal) v1
4. GENERAL TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
4.1. AUTHORITY
Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW
43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER
identified on the Face Sheet of this CONTRACT a Drinking Water State Revolving Fund Loan (LOAN) for the
PROJECT defined on the Face Sheet of this CONTRACT. Under this CONTRACT, BORROWER is a sub-recipient
of funds provided by the United States Environmental Protection Agency (EPA), CFDA Number 66.468, Safe
Drinking Water State Revolving Fund.
In some CONTRACT attachments, DOH is referred to as “Lender” and BORROWER is referred to as “Contractor.”
DOH and BORROWER are individually a “party” and, collectively, the “parties.”
4.2. FULL AGREEMENT
This CONTRACT contains all the terms and conditions agreed upon by the parties and is the full agreement of the
parties. No other understandings, oral or otherwise, regarding the subject matter of this CONTRACT will be deemed
to exist or to bind any of the parties hereto.
4.3. ORDER OF PRECEDENCE
In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: The order of precedence for terms and conditions under
categories B and C is subject to the proviso that when a contract term or condition appears in more than one
contract document, the more specific contract term or condition shall control if the different contract provisions
cannot be harmonized.
A. Applicable state and federal statutes
B. Applicable local, state, and federal regulations
C. CONTRACT amendments (if any)
D. The Declarations Page of the CONTRACT
E. The General Terms and Conditions of the CONTRACT
F. Attachment I of the CONTRACT
G. Attachment II of the CONTRACT
H. Attachment III of the CONTRACT
I. Attachment IV of the CONTRACT
J. Attachment V of the CONTRACT
K. Attachment VI of the CONTRACT
L. Attachment VII of the CONTRACT
4.4. LOAN AMOUNT
DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the
amount shown as “Loan Amount” in the Declarations (LOAN AMOUNT). The LOAN AMOUNT will not exceed
100% of the actual eligible PROJECT costs (ELIGIBLE PROJECT COSTS). The parties understand and agree that
the LOAN AMOUNT does not include the LOAN FEE which will be charged in accordance with Section 4.5 (Loan
Fee) below.
4.5. LOAN FEE
If DOH assessed a “Loan Fee” in the Declarations (LOAN FEE), then: (a) the LOAN FEE will be the LOAN FEE
shown in the Declarations; (b) the LOAN FEE will be 1% of the loan request; and (c) the LOAN FEE will not be
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reduced, regardless of the final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total
LOAN AMOUNT is increased through CONTRACT amendment, then DOH will assess an additional LOAN FEE
equal to 1% of the additional LOAN AMOUNT. LOAN FEES are non-refundable.
4.6. LOAN TERM
Unless changed through a CONTRACT amendment, the LOAN TERM will not exceed the period of time shown in
the Declarations. The repayment period for DOH subsidized loans is 24 years from this CONTRACT’s start date.
The repayment period for non-DOH subsidized loans is 20 years from this CONTRACT’s start date.
4.7. INTEREST RATE
The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts
to accrue from the date DOH releases any or all of the Loan Amount (LOAN FUNDS) to BORROWER in
accordance with applicable law and PROGRAM AND DOH policies.
4.8. LOAN FORGIVENESS
If the LOAN qualifies for LOAN Forgiveness, then the percent of the LOAN balance that DOH will forgive at
PROJECT completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the
BORROWER’s Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or
BORROWER’s ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest.
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
DOH will release LOAN FUNDS to BORROWER to reimburse BORROWER for ELIGIBLE PROJECT COSTS. To
request reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH.
The invoice must reference the PROJECT activity performed, and include supporting documentation such as bills,
invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The
invoice must be signed by an official of BORROWER with authority to bind BORROWER.
Invoices must also include a report of the progress of the PROJECT made since the last invoice, and the PROJECT
status to date. DOH will not release funds until the PROJECT status report and documentation are approved by
DOH. Approval will not be unreasonably withheld or delayed. After approving the invoice, documentation, and
PROJECT status report, DOH will release funds to BORROWER within 30 days, if BORROWER is not in alleged or
actual breach of any CONTRACT with a Washington state agency.
DOH will withhold 10% of LOAN FUNDS until DOH confirms that BORROWER has successfully completed all steps
for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of the last LOAN
disbursement.
4.10. TIME OF PERFORMANCE
BORROWER will begin the activities in the PROJECT within 30 calendar days of the CONTRACT start date.
BORROWER will issue a ‘Notice to Proceed’, after the formal award of a construction contract, within 18 months of
the CONTRACT start date.
BORROWER must reach PROJECT COMPLETION within the Time of Performance set forth in the Declarations
(TIME OF PERFORMANCE). If there are extenuating circumstances, BORROWER may request, in writing, at least
90 calendar days prior to the PROJECT COMPLETION that DOH extend the deadline for PROJECT
COMPLETION. At its discretion, DOH may issue an extension. DOH’s decision is final and not subject to the
dispute clause.
If BORROWER does not meet the requirements of this Section, it is a material breach of CONTRACT, and DOH
may terminate or suspend this CONTRACT immediately and for cause if DOH so desires.
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4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in
the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by
sending DOH the PROJECT Completion Report. In the PROJECT Completion Report, BORROWER will provide
the following information to DOH:
A. A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT.
B. A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and
services are received and/or contracted work is performed.
C. Evidence showing BORROWER’S compliance with financial the audit requirements of this CONTRACT.
D. An invoice for the remaining ELIGIBLE PROJECT COSTS.
E. Documentation of BORROWER’s compliance with National Historic Preservation Act of 1966, 54 U.S.C.
Subtitle III, Public Law 89-665, as amended (including, without limitation, by Public Law 96-515) (NHPA or
National Historic Preservation Act).
4.12. LOAN PAYMENTS
BORROWER must begin repaying the LOAN no later than 1 year after the CONTRACT start date. Payments are
due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. Payments are principal
and interest accrued up to the PAYMENT MONTH(S).
BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project
costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the
end of the LOAN TERM. Additionally, BORROWER must either have a dedicated general ledger account for the
LOAN AMOUNT or a dedicated bank account for the LOAN AMOUNT to ensure that there is no co-mingling of the
LOAN AMOUNT with other municipality resources.
4.13. DEDICATED ACCOUNT FOR LOAN PAYMENTS
Within 30 calendar days of the CONTRACT start date, BORROWER must provide DOH with documentation that
BORROWER has an account at an FDIC-insured institution dedicated for repaying the LOAN. The funds and
interest accrued in the account must be used solely to make LOAN payments.
During the LOAN TERM, BORROWER will ensure that by September 30th of repayment years, the dedicated
account’s balance is equal to one years’ payment of principal, fees, and interest on the LOAN.
4.14. LOAN DEFAULT
DOH must receive BORROWER’S payment within 30 calendar days of the due date. Late payments are delinquent
and assessed a monthly penalty on the 1st day past the due date. The penalty will be at the rate set forth by DOH
that accords with applicable law but which the parties agree and understand may be 1% of the late payment amount
per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the Declarations.
DOH may notify any other entity, creditors, or potential creditors of BORROWER’s delinquency. BORROWER is
responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this Section,
including in any alternative dispute resolution proceeding.
4.15. LOAN SECURITY
“Loan Security” (LOAN SECURITY) is only required if identified in the Declarations. If LOAN SECURITY is required
under the CONTRACT, then:
(a) BORROWER will assist DOH in completing and filing all financing statements or other collateral documentation
reasonably required by DOH; and
(b) BORROWER will execute all assignments, security agreements, and financing statements necessary to
establish, perfect, and maintain the security interests of DOH.
Nothing in this Section releases BORROWER from the obligation to make LOAN PAYMENTS when due, and to
adjust rates, fees, or surcharges as necessary to meet its obligations under this CONTRACT.
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Notwithstanding this, in its sole discretion and if allowed under the EPA regulations relevant to this Contract, DOH
may subordinate its LOAN security to BORROWER’s obligations under existing or future bonds and notes.
4.16. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
Any amendments, modifications, assignments, and/or waivers to any of the terms and conditions of this
CONTRACT supersede those terms as found in the original CONTRACT and will not be binding on the parties
unless they are in writing and signed by representatives authorized to bind each of the parties. Only the authorized
representative or their designee (where delegation is made prior to action) has the express, implied, or apparent
authority to enter into, alter, amend, assign, modify, or waive any terms, clauses, or conditions of this CONTRACT.
Additionally, neither this CONTRACT nor any Claim arising under this CONTRACT, will be transferred or assigned
by the BORROWER without prior written consent of DOH.
Neither this CONTRACT nor any Claim arising under it may be transferred or assigned by BORROWER without
DOH’s prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of
the water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including LOAN FEES and/or
ineligible project costs (if any) be paid in full as a condition of approval.
Nothing in this CONTRACT (including, without limitation, terms, conditions, assurances, and certifications) may be
waived and/or modified unless approved in writing and signed by an authorized representative of DOH. No waiver of
any default or breach is implied from any failure to take action upon such default or breach if the default of breach
persists or repeats. Waiver of any default or breach will not be deemed to be a waiver of any subsequent default or
breach.
4.17. BUILD AMERICA, BUY AMERICA (IF APPLICABLE)
None of the LOAN FUNDS under this CONTRACT will be used for the construction, alteration, maintenance, or
repair of a public water system or treatment works unless all of the iron and steel, manufactured products, and
construction materials used in the project are produced in the United States including, without limitation, iron and
steel, manufactured products, and construction materials in accordance with the Build America, Buy America, Pub.
L. No. 117-58, §§ 70901-52 (BABA) Requirements and/or any successor legislation. BORROWER hereby
represents and warrants to and for the benefit of DOH and any other funding authority and/or source that
BORROWER understands this obligation and the requirements of BABA and will use the LOAN FUNDS in
accordance with the requirements set forth in this Section.
Notwithstanding this, an authorized representative of DOH may waive this requirement in writing if:
A. Compliance would be inconsistent with the public interest; or
B. The particular products are not produced in the United States in sufficient and reasonably available quantities
and are not of a satisfactory quality; or
C. Inclusion of products produced in the United States will increase the cost of the overall project by more than
25%; or
D. A waiver is approved by the Environmental Protection Agency (EPA).
BORROWER must submit any such waiver request to DOH, which will then submit the waiver request to EPA. The
full text of the Build America, Buy America provision can be found under The Infrastructure Investment and Jobs Act
(IIJA), Pub. L. No. 117-58, which includes BABA.
4.18. ATTORNEYS’ FEES
Unless expressly permitted under another Section of the CONTRACT, each party agrees to bear its own attorneys’
fees and costs for litigation or other action brought to enforce the CONTRACT terms and conditions.
4.19. PROHIBITION AGAINST PAYMENT OF BONUS AND COMMISSION
LOAN FUNDS provided under this CONTRACT will not be used in payment of any bonus or commission for the
purpose of obtaining approval of the loan application or any other approval under this CONTRACT. This Section
does not prohibit paying reasonable fees for bona fide technical consultants, managerial, or other such services, if
payment is for ELIGIBLE PROJECT COSTS. For the avoidance of doubt, no actual solicitation costs can be paid for
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LOAN FUNDS received under this CONTRACT.
4.20. COMPLIANCE
BORROWER will comply with all applicable federal, state, and local laws, requirements, codes, regulations,
policies, and ordinances of local and state and federal governments, as now or hereafter amended (including,
without limitation, for the design, implementation, and administration) of the PROJECT and this CONTRACT,
including, without limitation, those stated in the CONTRACT attachments. BORROWER will provide DOH with
documentation of compliance as soon as practicable if requested by DOH or its agents.
In the event of BORROWER’s alleged or actual noncompliance with any part of this CONTRACT, DOH may
suspend all or part of the CONTRACT, withhold payments, and/or prohibit BORROWER from incurring additional
obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision
by DOH to terminate or suspend the CONTRACT.
4.21. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this Section includes:
i. All material provided to the BORROWER by DOH that is designated as “confidential” by DOH; and
ii. All material produced by the BORROWER that is designated as “confidential” by DOH; and
iii. All Personal Information in the possession of the BORROWER that may not be disclosed under state or
federal law.
B. The BORROWER will comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The BORROWER will use Confidential Information solely for the purposes of
this CONTRACT and will not use, share, transfer, sell, or disclose any Confidential Information to any third party
except with the prior written consent of DOH or as may be required by law. The BORROWER will take all necessary
steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale, or
disclosure of Confidential Information or violation of any related state or federal laws. Upon request, the
BORROWER will provide DOH with its policies and procedures on confidentiality. DOH may require changes to
such policies and procedures as they apply to this CONTRACT whenever DOH reasonably determines that
changes are necessary to prevent unauthorized disclosures. The BORROWER will make the changes within the
time period specified by DOH. Upon request, the BORROWER will immediately return to DOH any Confidential
Information that DOH reasonably determines has not been adequately protected by the BORROWER against
unauthorized disclosure.
C. Unauthorized Use or Disclosure. The BORROWER will notify DOH within 5 working days of
BORROWER’s discovery of any unauthorized use or disclosure of any confidential information and will take
necessary steps to mitigate the harmful effects of such use or disclosure.
4.22. DISPUTES
Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved
by direct negotiation (Dispute), either party may request a Dispute hearing with the Director of the Office of Drinking
Water (Director), who may designate a neutral person to decide the Dispute. The parties will be equally responsible
for any reasonable costs and fees incurred by the neutral person.
The request for a Dispute hearing must:
A. Be in writing;
B. State the disputed issues;
C. State the relative positions of the parties;
D. State BORROWER's name, address, and CONTRACT number involved in or related to the Dispute;
E. Provide contact information for the requester’s representative; and
F. Be mailed to the Director and the other party’s (Respondent’s) Contract Manager within 3 working days after
the parties agree that they cannot resolve the Dispute.
The Respondent will send a written answer to the requestor’s statement to both the Director or the Director’s
designee and the requestor within 5 working days.
In the alternative, the parties can agree to submit a mutual request to the Director, which should include each
party’s response to the other party’s characterization of the Dispute.
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The Director or Director’s designee will review the written statements and reply in writing to both parties within 10
working days. The Director or Director’s designee may extend this period if necessary by notifying the parties. The
decision on the dispute is non-binding and will not be admissible in any succeeding judicial or quasi-judicial
proceeding.
This non-binding Dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this
CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in
addition to or instead of the Dispute hearing procedure outlined above.
4.23. ELIGIBLE PROJECT COSTS
BORROWER will comply with all obligations set forth under this CONTRACT including, without limitation, Attachment
VI-DWSRF Eligible Project Costs and is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its contractors and/or subcontractors.
The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with
an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement.
Construction expenses incurred after the date shown as earliest date for construction reimbursement in the
Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities
will not be accepted until BORROWER has met the following conditions:
A. Completed the State Environmental Review Process (SEPA Review under RCW 43.21C);
B. Complied with all provisions of the National Historic Preservation Act;
C. Complied with Prevailing Wage requirements;
D. Received approval from DOH of the PROJECT report and related construction documents for all applicable
activities described in the PROJECT; and
E. Complied with any other LOAN conditions required by DOH.
For the avoidance of doubt, BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER
against any other contract, subcontract, or source of funds.
If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must
repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to
DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36
(Recapture). Any such repayment may be subject to interest on any remaining balance, at the rate determined by
state regulations and as allowed under state and federal law.
4.24. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
BORROWER warrants that BORROWER has not and will not submit to DOH any information that is false, incorrect,
or incomplete. BORROWER understands and agrees that providing false, fictitious, or misleading information to a
state agency or otherwise receiving and attesting to PROGRAM benefits that you are not entitled to is a violation of
applicable state law. Such violations may be a criminal violation under state law, including, without limitation, RCW
9A.56.020 (Theft defined), RCW 9A.56.030 (Theft in the 1st degree), RCW 9A.56.040 (Theft in the 2nd degree), or
other applicable statutes. Such violations for the receipt and disbursements of LOAN FUNDS may also result in civil
penalties or administrative fines. The parties understand and agree that DOH may pursue all applicable remedies
for violations by BORROWER under this Section.
4.25. FINANCIAL AUDIT
DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting
Principles (GAAP) promulgated by the Financial Accounting Standards Board (FASB). BORROWER will maintain
its records and accounts in accordance with GAAP and other applicable FASB requirements to facilitate any audit
under this CONTRACT. BORROWER is responsible for correcting any audit findings. BORROWER is responsible
for any audit findings incurred by its own organization and/or its contractors and/or subcontractors. DOH reserves
the right to recover from BORROWER all disallowed costs and INELEGIBLE PROJECT COSTS resulting from an
audit.
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Audits must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the
BORROWER is in compliance with applicable law, regulations, and requirements of this CONTRACT. Any such
audit report will also highlight any issues that could have a direct and material effect on DOH.
BORROWER will send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later
than 9 months after the end of BORROWER’s fiscal year. BORROWER must send any audit corrective action plan
for audit findings and a copy of the management letter, within 3 months of the audit report.
4.26. FRAUD AND OTHER LOSS REPORTING
BORROWER will report in writing all known or suspected fraud or other loss of any funds or other property
furnished under this CONTRACT immediately or as soon as practicable to the DOH Representative identified on the
Face Sheet.
4.27. GOVERNING LAW AND VENUE
This CONTRACT will be construed and interpreted according to the laws of the State of Washington, and the venue
of any action brought under the CONTRACT will be in the Superior Court for Thurston County. If any provision of
this CONTRACT violates any statute or rule of law of the State of Washington, it will be considered modified to
conform to that statute or rule of law.
4.28. HISTORICAL AND CULTURAL REQUIREMENTS
BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the
requirements under Section 106 of the National Historic Preservation Act. BORROWER will not begin construction
activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of
the NHPA.
If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop
construction and implement reasonable measures to protect the discovery site from further disturbance, take
reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned
tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the
State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic
Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the
remains to the local coroner and law enforcement immediately, then contact the concerned tribe’s cultural staff or
committee, DOH Contract Manager, and DAHP.
BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related
to the preservation of historical or cultural sites and artifacts and will hold harmless the State of Washington and
DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of
BORROWER’S and BORROWER’s contractors’ and/or subcontractors’ activities.
BORROWER will include the requirements of this Section in all contracts for work or services related to the
PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the
requirements of this Section.
4.29. INDEMNIFICATION
To the fullest extent permitted by law, BORROWER will indemnify, defend, and hold harmless DOH, the State of
Washington, agencies of the State, and all officials, agents, employees, and representatives of the State, from and
against all Claims arising out of or incident to BORROWER’S or any BORROWER’S contractors’ and/or
subcontractors’ performance or failure to perform the CONTRACT (including, without limitation, injury or death).
BORROWER’S obligation to indemnify, defend, and hold harmless includes any Claim by any and all of
BORROWER’s agents, employees, representatives, and/or subcontractor(s) (and their agents, employees, and
representatives, to the extent that BORROWER is using any contractor and/or subcontractor for the Project). For
the avoidance of doubt, BORROWER’s obligations under this Section will not be eliminated or reduced by any
actual or alleged concurrent negligence of DOH, the State of Washington, agencies of the State, or any of their
officials, agents, employees, and/or representatives.
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BORROWER’S obligation to indemnify, defend, and hold harmless DOH and the State of Washington includes any
Claim by BORROWER’S agents, employees, officers, contractors, subcontractors, and/or contractor or
subcontractor employees. Notwithstanding this, the BORROWER’s obligations will not include such Claims that
may be caused by the sole negligence of the State and its agencies, officers, officials, agents, and/or employees.
BORROWER waives immunity under RCW 51 to the extent it is required to indemnify, defend, and hold harmless
the State of Washington and its agencies, officers, officials agents, and/or employees.
4.30. INDEPENDENT CAPACITY OF THE BORROWER
The parties intend that an independent contractor relationship will be created by this CONTRACT. The BORROWER
and its employees, officers, representatives, and/or agents performing under this CONTRACT are not employees or
agents of the State of Washington or DOH. The BORROWER will not hold itself out as or claim to be an officer or
employee of DOH or of the State of Washington by reason hereof nor will the BORROWER make any claim of right,
privilege, or benefit which would accrue to such officer or employee under law. Conduct and control of the work
associated with the PROJECT will be solely with the BORROWER.
4.31. INTERNAL CONTROLS
BORROWER must designate one person as fiscal coordinator of the LOAN. BORROWER must maintain effective
internal controls and comply with standards adopted by FASB.
4.32. INSURANCE COVERAGE REQUIREMENTS
A. Insurance Requirements for Reimbursable Activities
The BORROWER will have insurance coverage that is substantially similar to the coverage described in Section
4.28(B) below for all periods in which BORROWER performed work for which it will seek reimbursement. The intent of
the required insurance is to protect the State of Washington should there be any Claims, suits, actions, costs,
damages, or expenses arising from any loss or negligent or intentional act or omission of the BORROWER or
contractor and/or subcontractor, or agents of any of them, while performing under the terms of this CONTRACT.
B. Additional Insurance Requirements During the Term of the CONTRACT
i. The BORROWER shall provide proof to DOH of insurance coverage that shall be maintained in full force
and effect, as indicated below, and shall submit renewal certificates not less than 30 calendar days prior to
expiration of each policy required under this Section:
a. Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect
against legal liability arising out of or related to this CONTRACT but in no less than $1,000,000 per occurrence.
Additionally, the BORROWER is responsible for ensuring that any subcontractor provides adequate insurance
coverage for the activities arising out of or related to subcontracts (if any). Commercial General Liability Insurance
coverage shall be maintained in full force and effect during the term of this CONTRACT and throughout the
Commitment Period.
b. Property Insurance. The BORROWER shall keep the property insured in an amount sufficient to
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the
following hazards, as applicable:
1. Loss or damage by fire and such other risks;
2. Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
3. Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks, or similar apparatus now or hereafter installed in a building or building on the premises.
This property insurance coverage must be maintained in full force and effect throughout the term of this
CONTRACT and the Commitment Period.
c. Professional Liability, Errors, and Omissions Insurance. If BORROWER will be providing any
professional services to be reimbursed under this CONTRACT, the BORROWER shall maintain Professional
Liability or Errors and Omissions Insurance with minimum limits of no less than $1,000,000 per occurrence to
cover all activities by the BORROWER and licensed staff employed or under contract to the BORROWER. The
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State of Washington, the Department of Health, its agents, officers, and employees need not be named as
additional insureds under this policy. This insurance must be maintained throughout the term of the
CONTRACT and Commitment Period. BORROWER will require that any subcontractors providing professional
services that are reimbursable under this CONTRACT maintain Professional Liability or Errors and Omissions
Insurance at the coverage levels set forth in this subsection.
d. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the BORROWER for the purpose of receiving or depositing funds into program accounts or issuing financial
documents, checks, or other instruments of payment for program costs shall be insured to provide protection
against loss where:
1. The amount of fidelity coverage secured pursuant to this CONTRACT shall be
$2,000,000 or the highest of planned reimbursement for the CONTRACT period, whichever is lower. Fidelity
insurance secured pursuant to this paragraph shall name the State of Washington, the Department of Health,
its agents, officers, and employees as beneficiary.
2. Subcontractors that receive $10,000 or more per year in funding through this
CONTRACT shall secure fidelity insurance as noted above. Fidelity insurance secured by subcontractors
pursuant to this paragraph shall name the BORROWER and the BORROWER’s fiscal agent (if any) as
beneficiary.
3. Fidelity Insurance coverage shall be maintained in full force and effect from the start date
of this CONTRACT until BORROWER has submitted a Closeout Certification Form, subject to the following:
Fidelity Insurance must be issued on either (a) a “loss sustained” basis; or (b) if issued on a “loss-discovered”
basis, provide coverage for at least 6 months following the date of BORROWER’s receipt of the Closeout
Certification Form.
4. Fidelity Insurance for Organizations with No Employees.
The requirement for fidelity insurance described in that term is hereby waived as long as the BORROWER
does not have any employees (including, but not limited to, volunteers, work-study placements, and interns).
ii. The insurance required shall be issued by an insurance company authorized to do business within the State of
Washington. Except as otherwise set forth in this Section, each insurance policy shall name “the State of
Washington, the Department of Health, and their agents, officers, and employees” as additional insureds on all
policies. All policies shall be primary to any other valid and collectable insurance. The BORROWER shall instruct
the insurers to give DOH 30 calendar days’ advance notice of any insurance cancellation or modification.
iii. The BORROWER shall submit to DOH within 15 calendar days of the CONTRACT start date, a certificate of
insurance which outlines the coverage and limits defined in this Section including, without limitation, the type of
insurance coverage under the policy, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that DOH will be provided 30 days’ advance written notice of cancellation. During the term of the
CONTRACT, the BORROWER shall submit renewal certificates not less than 30 calendar days prior to expiration
of each policy required under this Section. Additionally, BORROWER shall provide copies of insurance
instruments or certifications, at DOH’s request and until 6 months after DOH has received a Closeout Certification
Form from BORROWER. Copies of such insurance instruments and certifications will be provided within 15
calendar days of DOH’s request unless otherwise agreed to by the parties.
iv. BORROWER and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from DOH, the
BORROWER may provide the coverage above under a self-insured/liability pool or self-insured risk management
program. In order to obtain permission from DOH, the BORROWER will provide: (1) a description of its self-
insurance program and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All
self-insured risk management programs or self-insured/liability pool financial reports must comply with GAAP and
adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2)
FASB, and 3) the Washington State Auditor’s annual instructions for financial reporting. BORROWER’s
participating in joint risk pools will maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The State of Washington, the Department of Health, and their agents,
officers, and employees need not be named as additional insured under a self-insured property/liability pool, if the
pool is prohibited from naming third parties as additional insured.
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BORROWER will provide annually to DOH a summary of coverages and a letter of self- insurance, evidencing
continued coverage under BORROWER’s self-insured/liability pool or self-insured risk management program. Such
annual summary of coverage and letter of self-insurance will be provided on the anniversary of the start date of this
CONTRACT.
4.33. INDUSTRIAL INSURANCE COVERAGE
In addition to the requirements set forth in Section 4.[31] (Insurance Coverage Requirements) above, BORROWER
understands and agrees that BORROWER and its contractors and/or subcontractors (if any) will comply with the
applicable parts of RCW 51 RCW (Industrial Insurance). If BORROWER and/or any of its contractors and/or
subcontractors (if any) fail to provide industrial insurance coverage or fail to pay premiums or penalties on behalf of
its employees as required by law, DOH may collect from BORROWER the full amount payable to the Industrial
Insurance Accident Fund. DOH may deduct the amount owed by BORROWER and/or any of its contractors (if any)
to the accident fund from the amount payable to BORROWER by DOH under this CONTRACT and transmit the
deducted amount to the Washington State Department of Labor and Industries (L&I) Division of Insurance Services.
This provision does not waive any of L&I’s rights to collect from the BORROWER and/or any of its contractors (if
any).
4.34. LAWS
The BORROWER will comply with all applicable laws, ordinances, codes, regulations, and policies of local, state,
and federal governments, as now or hereafter amended.
4.35. LICENSING, ACCREDITATION, AND REGISTRATION
The BORROWER will comply with all applicable local, state, and federal licensing, accreditation, and registration
requirements or standards necessary for the performance of this CONTRACT.
4.36. LITIGATION
BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any
court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a
materially adverse effect on BORROWER’s ability to repay the LOAN AMOUNT. BORROWER agrees to promptly
notify DOH if any above-referenced actions become known to BORROWER during the pendency of the
CONTRACT.
4.37. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
A. During the performance of this CONTRACT, the BORROWER, including any contractor and/or
subcontractor, will comply with all federal, state, and local nondiscrimination laws, regulations, and policies
including, without limitation, not discriminate on the bases enumerated at RCW 49.60.530(3). In addition,
BORROWER, including any contractor and/or subcontractor, will give written notice of this nondiscrimination
requirement to any labor organizations with which BORROWER, or contractor and/or subcontractor, has a collective
bargaining or other agreement. The LOAN FUNDS will not be used to fund religious worship, exercise, or
instruction. No person will be required to participate in any religious worship, exercise, or instruction in order to have
access to the facilities funded by this CONTRACT.
B. Obligation to Cooperate. BORROWER, including any contractor and/or subcontractor, shall cooperate
and comply with any Washington state agency investigation regarding any allegation that BORROWER, including
any contractor and/or subcontractor, has engaged in discrimination prohibited by this CONTRACT pursuant to RCW
49.60.530(3).
C. Default. Notwithstanding any provision to the contrary, DOH may suspend BORROWER, including any
contractor and/or subcontractor, upon notice of a failure to participate and cooperate with any state agency
investigation into alleged discrimination prohibited by this CONTRACT, pursuant to RCW 49.60.530(3). Any such
suspension will remain in place until DOH receives notification that BORROWER, including any contractor and/or
subcontractor, is cooperating with the investigating state agency. In the event BORROWER, or contractor and/or
subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), DOH may terminate
this CONTRACT in whole or in part, and BORROWER, contractor, subcontractor, or any or all, may be referred for
debarment as provided in RCW 39.26.200. BORROWER or contractor or subcontractor may be given a reasonable
time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered
injunctive relief or settlement agreement. Failure by BORROWER to carry out these requirements is a material
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breach of this CONTRACT and subject to termination for cause.
4.38. PAY EQUITY
The BORROWER will ensure that “similarly employed” individuals in its workforce are compensated as equals,
consistent with the following:
A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the
job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working
conditions. Job titles alone are not determinative of whether employees are similarly employed;
B. BORROWER may allow differentials in compensation for its workers if the differentials are based in good
faith and on any of the following:
i. A seniority system; a merit system; a system that measures earnings by quantity or quality of
production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels; and/or
ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or
experience that is: (a) consistent with business necessity; (b) not based on or derived from a gender-
based differential; and (c) accounts for the entire differential; and/or
iii. A bona fide regional difference in compensation level must be: (a) Consistent with business
necessity; (b) not based on or derived from a gender-based differential; and (c) account for the entire
differential.
This CONTRACT may be terminated by DOH, if DOH or the Department of Enterprise Services determines that the
BORROWER is not in compliance with this Section.
4.39. POLITICAL ACTIVITIES
Political activity of BORROWER employees and officers are limited by the Campaign Disclosure and Contribution
provisions of RCW 42.17a and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for
public office.
4.40. PREVAILING WAGE
BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT
comply with prevailing wage laws by paying the higher of state or federal prevailing wages. BORROWER is legally
and financially responsible for compliance with the prevailing wage requirements. The BORROWER certifies that all
contractors and subcontractors performing work on the Project shall comply with State Prevailing Wages on Public
Works, RCW 39.12, as applicable to the Project funded by this CONTRACT, including, but not limited to, the filing of
the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The
BORROWER shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such records
available for DOH’s review upon request. BORROWER is advised to consult the United States Department of Labor
and/or the Industrial Statistician at the Washington State Department of Labor and Industries to determine whether
and what federal and state prevailing wages must be paid. DOH is not responsible for determining whether or what
prevailing wage applies to this Project and/or for any prevailing wage payments that may be required by law.
4.41. PROCUREMENT
BORROWER will comply with all procurement policies, procedures, and requirements for contracting and/or
subcontracting for the PROJECT and for obtaining PROJECT-related goods and services funded through this
CONTRACT. BORROWER and its contractors and/or subcontractors must receive approval from DOH before
entering into any sole source contract or contract where only one bid or proposal was received if the value of the
contract is likely to exceed $5,000. BORROWER’S request for DOH approval must include a copy of the proposed
contract(s), all related procurement documents, and justification for non-competitive procurement.
BORROWER will ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or
services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII-
Labor Standard Provisions for Subrecipients That Are Governmental Entities.
BORROWER will maintain records to verify compliance with procurement requirements, including, without limitation,
identifying the procurement method used, the reason for selecting the contractor, the rationale used for selecting
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the contract type, the reason(s) for selecting and rejecting bidders or qualified firms, and the basis for the contract
cost or price.
4.42. PROHIBITION STATEMENT
Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER `s contractors, subcontractors,
engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include
the following terms and conditions in all contracts for work or services for the PROJECT.
“All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance
of this award or subawards under the award, or in any manner during the period of time that the award is in
effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and
subrecipients’ employees.”
4.43. PROJECT SIGNS
If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are
providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking
Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT,
along with the Environmental Protection Agency (EPA) when federally funded.
4.44. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section [4.20] (Confidentiality/Safeguarding of Information), DOH
and BORROWER are public agencies subject to the Public Records Act, RCW 42.56 (PRA). Under the PRA, all
materials relating to the conduct of government or the performance of any governmental or proprietary function
prepared, owned, used, or retained by an agency or its functional equivalents are considered public records. The
PRA requires that public records responsive to a public records request be promptly produced unless the PRA or an
“other statute” exempts such records from production. This CONTRACT is not intended to alter DOH’s or
BORROWER’s obligations under the PRA. The parties agree that if DOH or BORROWER receives a public records
request for files that may include confidential information under Section [4.20] (Confidentiality/Safeguarding of
Information), DOH or BORROWER may notify the other party of the request (Disclosing Party) and of the date that
the records will be released to the requester unless the Disclosing Party obtains a court order enjoining disclosure.
If the Disclosing Party fails to obtain the court order enjoining disclosure, the party who has received the public
records request may release the requested information on the date specified. If the Disclosing Party obtains a court
order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, the party who has received
the public records request will maintain the confidentiality of the information per the court order.
4.45. PUBLICITY
BORROWER agrees not to publish or use any advertising or publicity materials in which the State of Washington or
DOH’s name is mentioned, or language used from which the connection with the State of Washington’s or DOH’s
name may reasonably be inferred or implied, without the prior written consent of DOH.
4.46. RATES AND RESERVES
BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System
Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system’s
services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt
repayments during the LOAN TERM.
4.47. RECAPTURE
In the event that the BORROWER fails to perform this CONTRACT in accordance with state or federal laws, and/or
the provisions of this CONTRACT, DOH reserves the right to recapture LOAN FUNDS from BORROWER in an
amount to compensate DOH for BORROWER’s noncompliance with any part of this CONTRACT, in addition to any
other remedies available under the CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from
BORROWER to recapture such funds. DOH’s ability to recapture or seek remedies shall survive any receipt of a
Closeout Certification Form or termination of this CONTRACT.
4.48. RECORDKEEPING AND ACCESS TO RECORDS
The BORROWER will maintain books, records, documents, data, and other evidence relating to this CONTRACT
and performance of the services described herein, including, but not limited to, accounting procedures and practices
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that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this
CONTRACT.
DOH, the Office of the State Auditor, and federal and state officials so authorized by law, regulation, or agreement
(and any of their agents) will have full access and the right to examine, copy, excerpt, or transcribe, at no additional
cost and at all reasonable times, any pertinent documents, papers, records, and books (including, without limitation,
materials generated under the CONTRACT) of BORROWER and of persons, firms, or organizations with which
BORROWER may contract, involving transactions related to this CONTRACT. BORROWER agrees to keep
complete records of its compliance with this CONTRACT for a period of 6 years from the date that the debt to DOH
is paid in full. This includes, but is not limited to, financial reports.
If any litigation, Claim, or audit is started before the expiration of the 6 year period, BORROWER must keep the
records until all litigation, Claims, or audit findings involving the records have been resolved. These records
retention requirements are in addition to the local government records retention schedules applicable to the
BORROWER.
4.49. REDUCTION IN FUNDS
In the event that funds appropriated for the Project contemplated under this CONTRACT are withdrawn, reduced, or
limited in any way by any funding source (including, without limitation, the federal government) during the
CONTRACT period, the parties understand and agree that DOH may suspend, amend, or terminate the
CONTRACT to abide by the revised funding limitations. The parties understand and agree that BORROWER will be
bound by any such revised funding limitations as implemented at the discretion of DOH and, if and as requested by
DOH, will meet and renegotiate the CONTRACT accordingly.
4.50. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov).
BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability
resulting from the federal government or DOH reliance on inaccurate or incomplete data in it. BORROWER must
remain registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is
accurate and complete.
4.51. RIGHT OF INSPECTION
At no additional cost, the BORROWER will provide right of access to its facilities to DOH, or any of its officers, or to
any other authorized agent or official of the State of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this CONTRACT. At no
additional cost, the BORROWER will also provide any documents related to this CONTRACT to DOH upon request
to assist DOH in the periodic monitoring of this CONTRACT.
4.52. SEVERABILITY
The provisions of this CONTRACT are intended to be severable. If any part of this CONTRACT or part of any
document incorporated by reference is found to be illegal or invalid for any reason whatsoever, it will not affect the
legality or validity of the remainder of the CONTRACT. For the avoidance of doubt, other parts of this CONTRACT
that can be given effect without the illegal or invalid part will remain in full force and effect.
4.53. SITE SECURITY
While on DOH premises, BORROWER, its agents, employees, and/or subcontractors will conform in all respects
with physical, fire, and other security policies or regulations.
4.54. STATE PUBLIC WORKS
For work done at the cost of the State, BORROWER must comply with public works statutes RCW 39.04 and RCW
39.10, apprenticeship requirements, and the State and local building codes, as applicable. If BORROWER has
questions about compliance, BORROWER will need to visit the Washington State Department of Labor & Industries
Public Works Projects website for more information.
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4.55. SUBCONTRACTING
A. Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the
selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible
Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract
Manager with a screen printout documenting that neither the firm, the owner or the president are excluded.
B. BORROWER will execute binding written agreements will all contractors and subcontractors that will perform
work under this CONTRACT.
C. BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT
start date will bind the parties to follow all applicable terms of this CONTRACT.
D. BORROWER will ensure that any and all contractors and subcontractors that perform work related to this
Project are duly authorized and licensed in Washington State to perform the work contemplated by this
CONTRACT.
E. Neither the BORROWER nor any contractor or subcontractor shall enter into contracts or subcontracts for any
of the work associated with the Project contemplated under this CONTRACT without obtaining prior written
approval of DOH. In no event will the existence of the contract or subcontract operate to release or reduce the
liability of the BORROWER to DOH for any breach in the performance of the BORROWER’s duties. This clause
does not include grants of employment between the BORROWER and personnel assigned to perform work
associated with the Project under this CONTRACT.
F. BORROWER is responsible for ensuring that all terms, conditions, assurances, and certifications set forth in
this CONTRACT are carried forward to any contracts and/or subcontracts and that BORROWER is responsible
for any noncompliance by its contractors and/or subcontractors for work performed on the Project. Every
contract and/or subcontract will include a term that DOH and the State of Washington are not liable for Claims
or damages arising from a contractor’s and/or subcontractor’s performance of such contract or subcontract.
BORROWER and its contractors and/or subcontractors agree not to release, divulge, publish, transfer, sell, or
otherwise make known to unauthorized persons personal information without the express written consent of
DOH or as provided by applicable law. For the avoidance of doubt, BORROWER’s contracts or subcontracts
will not release or reduce the BORROWER’s liability to DOH for any breach in the performance of
BORROWER’s duties. Also for the avoidance of doubt, BORROWER’s contracts and subcontracts will include a
term that the State of Washington and DOH are not liable for claims or damages arising from a contractor
and/or subcontractor’s performance or lack thereof.
G. Data Collection - BORROWER will submit reports, in a form and format to be provided by DOH and at intervals
as agreed by the parties, regarding work under this CONTRACT performed by contractors and/or
subcontractors and the portion of LOAN FUNDS expended for work performed by contractors and/or
subcontractors.
H. The BORROWER will maintain written procedures related to contractors and/or subcontractors as well as
copies of all contracts and/or subcontracts and associated records. For cause, DOH in writing may: (a) require
that the BORROWER amend its procedures for contracts and/or subcontractors as they relate to this
CONTRACT; (b) prohibit the BORROWER from hiring contractors and/or subcontractors with a particular
person or entity; or (c) require that the BORROWER rescind or amend a contract or subcontract.
I. The BORROWER is responsible to DOH if the contractor and/or subcontractor fails to comply with any
applicable term or condition of this CONTRACT. The BORROWER will appropriately monitor the activities of the
contractor and/or subcontractor to assure fiscal conditions of this CONTRACT. In no event will the existence of
a contract and/or subcontract operate to release or reduce the liability of the BORROWER to DOH for any
breach in the performance of the BORROWER’s duties.
4.56. SURVIVAL
The terms, conditions, and warranties contained in this CONTRACT that by their sense and context are intended to
survive the completion of the performance, cancellation, or termination of this CONTRACT shall so survive
including, without limitation, any Recapture provision in this CONTRACT.
4.57. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the BORROWER’s income or gross
receipts, and/or any other taxes, insurance, or expenses for the BORROWER or its staff shall be the sole
responsibility of the BORROWER.
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4.58. TERMINATION FOR CAUSE
If DOH determines that BORROWER has failed to comply with the terms and conditions of this CONTRACT in a
timely manner, DOH may, at its sole discretion, upon notice to BORROWER, terminate or suspend the CONTRACT
in whole or in part.
The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The
effective date will be determined by DOH. The notice will allow BORROWER at least 30 business days to cure the
breach, if curable. If the breach is not cured or cannot be cured within 30 business days, the outstanding balance of
the LOAN, with any interest accrued and other costs as authorized by the CONTRACT shall be due and payable to
DOH.
If DOH terminates or suspends this CONTRACT under this Section, DOH is only liable for payment required under
the terms and conditions of this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of
termination. If DOH terminates or suspends this CONTRACT under this Section, the BORROWER will be liable for
damages as authorized by law including, without limitation, any cost difference between the original CONTRACT
and the replacement or cover CONTRACT and all administrative costs directly related to the replacement
CONTRACT (e.g., cost of the competitive bidding, mailing, advertising and staff time). Notwithstanding this, DOH
reserves the right to suspend all or part of the CONTRACT, withhold further payments, or prohibit the BORROWER
from incurring additional obligations of funds during investigation of the alleged compliance breach and pending
corrective action by the BORROWER or a decision by DOH to terminate the CONTRACT.
At DOH’s sole discretion, the termination for cause may be deemed a “Termination or Suspension for Convenience”
under Section [4.53] if DOH determines that the BORROWER was not in default or if any default or failure to
perform under this CONTRACT was outside BORROWER’s control, fault, or negligence. The rights and remedies of
DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and remedies provided
under applicable law. Nothing in this Section affects BORROWER’s obligations to immediately repay the unpaid
balance of the LOAN AMOUNT as prescribed in the Washington Administrative Code (WAC) 246-296-150.
4.59. TERMINATION FOR FRAUD
In the event that the BORROWER commits fraud or makes any misrepresentation in connection with the loan
application or during the performance of this CONTRACT, DOH reserves the right to terminate or amend this
CONTRACT accordingly, including the right to recapture all funds disbursed to the BORROWER under the
CONTRACT.
4.60. TERMINATION OR SUSPENSION FOR CONVENIENCE
If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during
the TIME OF PERFORMANCE, DOH may:
A. Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or
B. Amend the CONTRACT to reflect the new funding limitations and conditions; or
C. Terminate the CONTRACT and/or its attached agreements, in whole or in part; or
D. Suspend the CONTRACT and/or its attached agreements, in whole or in part.
If DOH terminates the CONTRACT under this Section, DOH will notify BORROWER’s representative in writing of
the reason(s) for termination, and the effective date. Termination of the CONTRACT will be effective as of the date
determined by DOH.
DOH may choose to suspend this CONTRACT, in whole or in part, if DOH determines that the funding insufficiency
will likely be resolved in time for BORROWER to resume activities prior to the end of the TIME OF
PERFORMANCE. DOH will notify BORROWER’s representative by email of the reason(s) for suspension, and the
effective date. DOH will determine the effective date. BORROWER must suspend performance on the effective date
of the suspension. During the period of suspension, each party must notify the other party’s representative of any
conditions that may reasonably affect its ability to resume performance.
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During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may notify
BORROWER’s representative of the proposed date to resume performance. BORROWER must respond to DOH’s
representative in writing, within 5 business days of DOH sending notice, as to whether it can resume performance
on that date or offer an alternative date to resume performance. If BORROWER cannot resume performance or the
alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed terminated for
convenience, retroactive to the original date of suspension.
If DOH terminates or suspends this CONTRACT, DOH will be liable only for payment required under the terms of
this CONTRACT for ELIGIBLE PROJECT COSTS for services rendered or goods received that were incurred prior
to the effective date of suspension or termination, and payment for any work done on the CONTRACT prior to the
loss of funding will be done in accordance with the requirements of the funding source. Nothing in this Section shall
affect BORROWER’s obligations to repay the unpaid balance of the LOAN. Nothing in this Section affects
BORROWER’s obligation to repay the LOAN, including fees and other expenses as allowed by the CONTRACT.
For the avoidance of doubt, should funding from any funding source (including, without limitation, federal funding)
that supports this CONTRACT be withdrawn, reduced, or limited in any way after the effective date of this
CONTRACT and prior to normal completion of the Project, DOH (at its sole discretion) may terminate the
CONTRACT without any notice requirement and/or may amend the CONTRACT to reflect the new funding
limitations and conditions. Also, for the avoidance of doubt, should funding from any funding source (including,
without limitation, federal funding) that supports this CONTRACT be terminated, this CONTRACT and all
obligations, including payment for work done under this CONTRACT, will be terminated without the 10-calendar day
notice requirement and instead as of the date of the termination of the funding source.
4.61. TERMINATION PROCEDURES
When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination,
except as otherwise directed by DOH, BORROWER will:
A. Stop work under the CONTRACT on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT except as
may be necessary for completion of such portion of the work under the CONTRACT that is not terminated;
C. Assign to DOH, in the manner, at the times, and to the extent directed by the Authorized Representative, any or
all of the rights, title, and interest of BORROWER under the orders and subcontracts so terminated, in which
case DOH has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such
orders and subcontracts. Any attempt by BORROWER to settle such claims must have the prior written
approval of DOH;
D. Settle all outstanding liabilities and all Claims arising out of such termination of orders and subcontracts, with
the approval or ratification of the DOH Authorized Representative to the extent the DOH Authorized
Representative may require, which approval or ratification shall be final for all the purposes of this clause;
E. Complete performance of such part of the work associated with the Project as shall not have been terminated
by the DOH Authorized Representative;
F. Take such action as may be necessary, or as the DOH Authorized Representative may direct, for the protection
and preservation of the property related to this CONTRACT, which is in the possession of the BORROWER and
in which DOH has or may acquire an interest; and
G. Preserve and transfer title to DOH and delivery in the manner, at the times, and to the extent directed by the
DOH Authorized Representative of any property that if the CONTRACT had been completed would have been
required to be furnished to DOH (including, without limitation, materials, CONTRACT deliverables, and/or DOH
property in BORROWER’s possession) as directed by DOH.
Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to
the date of termination unless such payment is precluded under any other provision of this CONTRACT. DOH may
withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or
liability resulting from the termination. DOH will pay any withheld amount to BORROWER if DOH later determines
that loss or liability will not occur. Notwithstanding this, the parties understand and agree that failure of
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BORROWER to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
CONTRACT. DOH may withhold from any amounts due the BORROWER for such sum as the DOH Authorized
Representative determines to be necessary to protect DOH against potential loss or liability.
Upon termination of this CONTRACT, DOH, in addition to any other rights provided in this CONTRACT, may require
the BORROWER to deliver to DOH any property specifically produced or acquired for the performance of such part
of this CONTRACT as has been terminated. The rights and remedies of DOH provided in this Section shall not be
exclusive and are in addition to any other rights and remedies provided by law or under this CONTRACT.
4.62. WORK HOURS AND SAFETY STANDARDS
If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and
Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
4.63. ACCESS TO DATA
In compliance with RCW 39.26.180, the BORROWER will provide access to data generated under this CONTRACT to
DOH, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This
includes access to all information that supports the findings, conclusions, and recommendations of the BORROWER’s
reports, including computer models and the methodology for those models.
4.64. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this CONTRACT shall be made by
DOH.
4.65. ALLOWABLE COSTS
Costs allowable under this CONTRACT are actual expenditures according to an approved budget up to the maximum
amount stated on the CONTRACT Award or Amendment Face Sheet.
4.66. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE
“ADA” 28 CFR PART 35 ALLOWABLE COSTS
The BORROWER will comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services, and
telecommunications.
4.67. BREACHES OF OTHER STATE CONTRACTS
BORROWER will comply with all other contracts and grant agreements executed between BORROWER and the State of
Washington. A breach of any other contract or grant agreement entered into between BORROWER and the State of
Washington may, in DOH's sole discretion, be deemed a breach of this CONTRACT.
4.68. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building,
mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28
C.F.R. Part 35 will be required, as specified by the local building department and/or DOH.
4.69. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, DOH may, in its sole discretion, by
written notice to the BORROWER terminate this CONTRACT if it is found after due notice and examination by DOH that
there is a violation of the Ethics in Public Service Act, RCW 42.52 and RCW 42.23, or any similar statute involving the
BORROWER in the procurement of, or performance under, this CONTRACT.
DWL33067-0 City of Arlington Page 24 of 42 DWSRF Loan Contract (Municipal) v1
Specific restrictions apply to contracting with current or former state employees pursuant to RCW 42.52. The
BORROWER and all subcontractors (if any) will identify any person employed in any capacity by the State of Washington
that worked on this CONTRACT, or any matter related to the Project funded under this CONTRACT or any other state
funded project, including, but not limited to, formulating or drafting legislation, participating in grant procurement, planning
and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this
CONTRACT. Any person identified by the BORROWER and their subcontractors (if any) must be identified individually by
name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by
DOH that a conflict of interest exists, the BORROWER may be disqualified from further consideration for the award of a
grant.
In the event this CONTRACT is terminated as provided above, DOH will be entitled to pursue the same remedies against
the BORROWER as it could pursue in the event of a breach of the CONTRACT by the BORROWER. The rights and
remedies of DOH provided for in this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law. The existence of facts upon which DOH makes any determination under this clause will be an issue and
may be reviewed as provided in Section 4.21 (Disputes) of this CONTRACT.
4.70. DUPLICATE PAYMENT
DOH will not pay the BORROWER, if the BORROWER has charged or will charge the State of Washington or any other
party under any other grant, subcontract, contract, or agreement, for the same services or expenses. The BORROWER
certifies that work to be performed under this CONTRACT does not duplicate any work to be charged against any other
grant, subcontract, contract, or agreement.
DWL33067-0 City of Arlington Page 25 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT I: SCOPE OF WORK (PROJECT)
DWSRF PROGRAM
CONSTRUCTION LOAN CONTRACT INFORMATION
APPLICATION #2024-4356, CITY OF ARLINGTON, WTP EXPANSION
DWSRF Scope of Work Form:
Objective: To provide federal pass-through loan funding to CITY OF ARLINGTON to carry out activities that improve
infrastructure to support public water systems to meet Safe Drinking Water Act requirements.
Scope of Work:
Project to include:
1. Submit project report and construction documents for the water treatment plant expansion filter units to
ODWOperations@doh.wa.gov for review and approval. Submit approval letter.
2. Submit bid documents for the water treatment plant expansion project to
ODWOperations@doh.wa.govfor review and approval. Submit approval letter.
3. Submit SEPA determination.
4. Complete cultural and historical review process. Submit finalization letter.
5. Construct the 9,700-square foot expansion of the existing water treatment plant including installation of
two filtration units each capable of treating 800 gallons per minute, controls, electrical, approximately 12
pumps, approximately 420-feet of 12-inch ductile iron piping, valves, chemical (polyaluminum chloride,
sodium hypochlorite, and sodium hydroxide), HVAC system, alarms, and other necessary equipment to
make the water treatment plant functional. Improvements include storm drainage and landscaping.
6. Submit completed Construction Completion Report to ODWOperations@doh.wa.gov. Submit
acknowledgement email.
In addition to costs of construction, costs may include (but are not limited to): engineering, design, construction
inspection, hydrogeologic assessment, permits, public involvement, preparation of bid documents, fees, taxes, legal,
administrative and audit.
DWL33067-0 City of Arlington Page 26 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
APPLICATION #2024-4356, CITY OF ARLINGTON, WTP EXPANSION
Project Costs by Cost Category:
COST CATEGORY
Engineering Report (Preliminary Engineering) $0
Environmental Review $0
Historical Review/Cultural Review $0
Land/ROW Acquisition $0
Permits $0
Public Involvement/Information $0
Bid Documents (Design Engineering) $0
Construction: Estimated Cost. Provide details on following pages.
Contingency: (10% min, 20% max)
DOH Review/Approval Fees:
Sales or Use Taxes
Construction Engineering/Inspection
Insurance:
Audit:
Legal:
Service Meters (Purchase and Installation)
Other:
TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $2,500,000
DWSRF Loan Origination Fee $0
DWSRF Loan Award $2,500,000
DWL33067-0 City of Arlington Page 27 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
APPLICATION #2024-4356, CITY OF ARLINGTON, WTP EXPANSION
Project Funding:
Grant #1
Grant #2 $
Other Grants
New Grants $
Total Grants and Other Non-Matching Funds $
This Loan Request
Other Loan #1 PWTF loan $10,000,000
Other Loan #2 $
Other Loans $
New Loans $
Total Loans $12,500,000
Source #1 City Capital Reserved Funds $1,550,000
Source #2 $
Other Local Revenue $
Total Local Revenue $1,550,000
Other Funds
Total Other Funds $
DWL33067-0 City of Arlington Page 28 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
Engineer’s Certification:
The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated
below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or the
useful life of the improvements, the preferred loan term should be indicated here: __ years.
I, _______________________, licensed engineer, certify that the average expected useful life for the improvements
described above is __ years.
Signed: ____________________________
Name: ____________________________
Date: ____________________________
Telephone: ____________________________
Professional Engineer License Number: _____________
DWL33067-0 City of Arlington Page 29 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT II: ATTORNEY’S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of BORROWER
identified in the Declarations of the CONTRACT identified above; and
I have also examined any and all documents and records, which are pertinent to the CONTRACT, including, without
limitation, the application requesting this LOAN.
Based on the foregoing, it is my opinion that:
1. BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, in
good standing with the Washington Secretary of State, empowered to receive and expend federal, state, and local
funds, to contract with the State of Washington, and to receive and expend the LOAN AMOUNT to accomplish the
objectives set forth in the CONTRACT and to complete the PROJECT.
2. BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to
provide for repayment of the LOAN as set forth in the CONTRACT.
3. There is currently no litigation in existence or foreseeable seeking to enjoin the commencement or completion of
the PROJECT or to enjoin BORROWER from repaying the Drinking Water State Revolving Fund LOAN extended
by DOH with respect to such PROJECT. BORROWER is not a party to litigation, which will materially affect its
ability to repay such LOAN on the terms contained in the CONTRACT.
4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to
BORROWER.
Any terms not defined in this Attachment are set forth in the General Terms and Conditions or the Declarations Section of
the Drinking Water State Revolving Fund (Municipal) loan agreement between DOH and BORROWER.
__________________________________ _____________________________
Signature of Attorney Date
__________________________________
Name and BAR Number (WSBA No.)
_______________________________________________________________________
Address Line 1
_______________________________________________________________________
Address Line 2
DWL33067-0 City of Arlington Page 30 of 42 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
(NOT ALL INCLUSIVE)
1) Federal Environmental and Cultural Authorities
a) Archeological and Historic Preservation Act of 1974, Public Law 86-523, as amended
b) Archaeological Resources Protection Act (ARPA), 16 U.S.C. §470 and Public Law 96–95, as amended
c) Clean Air Act, Public Law 84-159 as amended
d) Coastal Zone Management Act, Public Law 92-583 as amended
e) Endangered Species Act, Public Law 93-205 as amended
f) Environmental Justice, Executive Order 12898
g) Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
h) Protection of Wetlands, Executive Order 11990
i) Farmland Protection Policy Act, Public Law 97-98
j) Fish and Wildlife Coordination Act, Public Law 85-624 as amended
k) National Historic Preservation Act, paying particular attention to Section 106 requirements
l) Safe Drinking Water Act, Public Law 93-523 as amended
m) Sole Source Aquifer, Section 1424 (e) SDWA
n) Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC 32) and associated regulations (43
CFR 10)
o) Code of Federal Regulations 40 Part 141, Federal National Primary Drinking Water Regulations (Section Adopted
by Reference)
p) 43 C.F.R. §3, Preservation of American Antiquities
q) 43 C.F.R. §7, Protection of Archaeological Resources
2) Buy America Build America Requirements (Includes American Iron and Steel)
DWSRF construction projects chosen for FFATA/Equivalency reporting must comply with the Buy America Build
America provisions. Projects started prior to May 14, 2022, may be exempt. Visit the EPA website for more
information on the BABA requirements and the waiver process at https://www.epa.gov/cwsrf/build-america-buy-
america-baba.
3) Federal Economic and Miscellaneous Authorities
a) American Iron and Steel act of 2017 (applies to all construction projects)
b) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive
Order 12372
c) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act
with Respect to Federal Contracts, Grants, or Loans
d) Prohibition of Certain Telecommunication and Video Surveillance Services/Equipment (Section 89 NDAA)
e) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended
f) Debarment and Suspension Regulations, Executive Order 12549 and associated regulations (e.g., 71 F.R.
66431)
g) H.R. 3547, Consolidated Appropriations Act, 2014, Public Law 113-76 as amended
4) Federal Social Policy Authorities
a) Age Discrimination Act of 1975, Public Law 94-135
b) Title VI of the Civil Rights Act of 1964, Public Law 88-352
c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water
Act)
d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250)
e) Equal Employment Opportunity, Executive Order 11246
f) Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean
Water Act)
g) Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100-
590
h) 42 USC 12101 et seq. the Americans with Disabilities Act of 1990 and associated regulations (including, without
limitation, 28 C.F.R. Part 35) (ADA)
i) The Contract Work Hours and Safety Standards Act (40 USC 327-333), as applicable
DWL33067-0 City of Arlington Page 31 of 42 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
j) The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq.
k) Federal Hatch Act, 5 USC 1501-1508
5) State Laws
a) RCW 27.44, Indian Graves and Records
b) RCW 27.53, Archaeological Sites and Resources
c) RCW 36.70A, Growth Management Act
d) RCW 39.04, Public Works
e) RCW 39.10, Alternative Public Works Contracting Procedures
f) RCW 39.12, Prevailing Wages on Public Works
g) RCW 39.80, Contracts for Architectural and Engineering Services
h) RCW 39.26.180, Contract Management
i) RCW 42.56, Public Records Act
j) RCW 42.17a, Campaign Disclosure and Contributions provision
k) RCW 42.23, Code of Ethics for Municipal Officers-Contract Interests
l) RCW 42.52, Ethics in Public Service
m) Chapter 43.20 RCW, State Board of Health
n) RCW 43.21C, State Environmental Policy Act
o) RCW 43.70, Department of Health
p) RCW 43.155, Public Works Project
q) RCW 49.60, Washington’s Law against Discrimination, including, without limitation, RCW 49.60.530(3),
Contractors and subcontractors with state for public works or for goods or services—Nondiscrimination requirements
r) RCW 51, Industrial Insurance
s) RCW 68.60, Abandoned and Historic Cemeteries and Historic Graves
t) RCW 70.116, Public Water Systems Coordination Act of 1977
u) RCW 70.119, Public Water Supply Systems Certification and Regulation of Operations
v) RCW 70.119A, Public Water Systems, Penalties & Compliances
w) WAC 25-48, Archaeological Excavation and Removal Permit
x) WAC 246-290, Group A Public Water Systems
y) WAC 246-291, Group B Public Water Systems
z) WAC 246-292, Waterworks Operator Certification Regulations
aa) WAC 246-293, Water Systems Coordination Act
bb) WAC 246-294, Drinking Water Operating Permits
cc) WAC 246-295, Satellite System Management Agencies
dd) WAC 246-296, Drinking Water State Revolving Fund Loan Program
ee) WAC 173-160, Minimum Standards for Construction & Maintenance of Wells
ff) WAC 173, Department of Ecology Rules
gg) Governor’s Executive Order 21-02
,
DWL33067-0 City of Arlington Page 32 of 42 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE
REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small,
Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part
33. BORROWER will use the directory of certified firms available through the Washington State Office of Minority and
Women’s Business Enterprises to meet the requirements.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
The following are exemptions from the fair share objective Requirements:
• Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year.
• Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B.
o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular
Area recipients.
• Recipients of Technical Assistance Grants.
The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office
of Minority Women Business are stated below.
BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction,
supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority
Women Business goals.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-
recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include:
A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients,
this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources.
B. Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the
bid or proposal closing date.
C. Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
E. Use the services and assistance of the Small Business Administration and the Minority Business Development
Agency of the Department of Health.
F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in
paragraphs A through E above.
DWL33067-0 City of Arlington Page 33 of 42 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the
Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
Only procurements with certified MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to
follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and
exemptions.
Section 33.501(b) of the rule is as follows:
A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In
addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities
receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified
loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-
MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on
subcontracts under EPA assisted projects, including both MBE/WBEs.
The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA
funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the
identified loan has ended. The following information must be obtained from all prime and subcontractors:
(1) Entity’s name with point of contact;
(2) Entity’s mailing address, telephone number, and e-mail address;
(3) The procurement on which the entity bid or quoted, and when; and
(4) Entity’s status as a MBE/WBE 1 or non-MBE/WBE.
The exemption found at § 33.501(c) is as follows:
A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance
agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal
year, is exempt from the paragraph (b) of this Section requirement to create and maintain a bidders list. Also, a recipient
under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this Section bidders list
requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity
receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is
limited to the paragraph (b) of this Section bidders list requirements of this subpart.
1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women’s Enterprises at 360-704-1181.
DWL33067-0 City of Arlington Page 34 of 42 Attachment V: Certification Regarding Debarment
DWSRF Loan Contract (Municipal) v1
ATTACHMENT V: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
United States Environmental Protection Agency
Washington, DC 20460
The terms, “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered
transaction, principal, and voluntarily excluded”, as used in this attachment, are defined in the rules implementing
Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations.
BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its
knowledge and belief they:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
B. Have not within a three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice;
C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses described in this attachment; and,
D. Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public
transactions (federal, state, or local) terminated for cause or default.
Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor’s business name(s) nor
the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred
Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the
DOH Contract Manager.
BORROWER will include the language below without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
The lower tier contractor certifies, by signing this CONTRACT that neither it nor its principals are
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the
award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or
both.
Typed or Printed Name & Title of Authorized Representative
__________________________________________________________________
Signature of Authorized Representative Date
I am unable to certify to the above statements. My explanation is attached.
DWL33067-0 City of Arlington Page 35 of 42 Attachment VI: DWSRF Eligible Project Costs
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project.
1. The costs for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970.
2. DWSRF loan fees.
3. The purchase of a portion of another system’s
capacity, if it is the most cost effective solution
(limited to publicly owned (municipal) systems).
4. Construction of reservoirs (clear wells) that are part
of the treatment process and are collocated with the
treatment facility.
5. Construction of distribution reservoirs (finished
water).
6. Cost associated with restructuring or consolidation of
existing water systems by publicly owned water
systems.
7. Main extensions to connect to safe and reliable
sources of drinking water.
8. Cost associated with collecting and preparing
environmental assessment documents to obtain local
permits.
9. Direct labor including related employee benefits:
a. Salaries and wages (at actual or average rates)
covering productive labor hours of employees of
the borrower (excluding the administrative
organization of the operating unit involved) for
periods of time actively or incidentally engaged
in pre-design engineering, design engineering,
construction engineering, acquisition of rights of
way, and the cleaning, sterilization or
bacteriological testing of water system
components prior to public use. The costs of
services rendered by employees generally
classified as administration/project management
of the loan are considered a direct cost only
when such employees are assigned the types of
services described above and shall be limited to
3% or less of the project loan amount.
b. Employee benefits relating to labor are
considered a direct cost of construction projects.
The following items may be included as
employee benefits:
• F.I.C.A. (Social Security) –employer’s share.
• Retirement benefits.
• Hospital, health, dental, and other welfare
insurance.
• Life insurance.
• Industrial and medical insurance.
• Vacation.
• Holiday.
• Sick leave.
• Military leave and jury duty.
Employee benefits must be calculated as a
percentage of direct labor dollars. The
computation of predetermined percentage rates
to be applied to current labor costs must be
based on the average of total employee benefits
and total labor costs for the prior fiscal year and
adjusted by known current year variations.
c. Other than work identified in Number 9.a, no
costs associated with labor performed by the
borrower’s employees, including force account
work, are eligible for financing assistance.
10. Contract engineering, planning, design, legal, and
financial planning services. The Department of
Health reserves the right to declare ineligible legal
costs that are unreasonable and disproportionate to
the project.
11. Contract construction work.
12. Direct vehicle and equipment charges at the actual
rental cost paid for the equipment or, in the case of
city or county-owned equipment, at the rental rates
established by the local government’s “equipment
rental and revolving fund” following the methods
prescribed by the division of municipal corporations.
However, such costs must be charged on a uniform
basis to equipment used for all projects regardless of
the source of funding. Cities with a population of
eight thousand or less not using this type of fund are
allowed the same rates as used by the State
Department of Transportation.
13. Direct materials and supplies.
14. Other direct costs incurred for materials or services
acquired for a specific project are eligible costs and
may include, but are not limited to such items as:
a. Telephone charges.
b. Reproduction and photogrammetry costs.
c. Video and photography for project
documentation.
d. Computer usage.
e. Printing and advertising.
15. Other project related costs include:
• Competitive Bidding.
• Audit.
• Insurance.
• Prevailing wages.
• Attorney fees.
• Environmental Review.
• Archaeological Survey.
Water system plan costs are not eligible for
reimbursement. Small water system management
program and plan amendments costs are eligible for
reimbursement.
Projects may be designed to accommodate reasonable
growth. This is generally the 20-year projection included
in the system’s water system plan or small water system
management program.
DWL33067-0 City of Arlington Page 36 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Wage Rate Requirements Under the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)
Preamble
With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to
each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are
municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set
forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in
Section I-5.
Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the
provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in
Section II-5.
I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities
when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State
recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,
obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of
Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at
http://www.dol.gov/whd/.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and
repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control
revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking
water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on
that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take
place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for
activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts.
Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the
prime contract.
(i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the
wage determination contained in the solicitation remains current. The subrecipients shall amend the
solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the
solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the
closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determination. The State recipient will
provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly
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basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an
existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate
DOL wage determination from www.wdol.gov into the ordering instrument.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime
contractor has required its subcontractors to include the applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract
after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed
to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a
revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work
under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in
accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this Section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this Section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Borrower and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
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(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken and the request, including the local wage
determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so
advise the State award official or will notify the State award official within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including
the views of all interested parties and the recommendation of the State award official, to the Administrator for
determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of
this Section, shall be paid to all workers performing work in the classification under this contract from the first day on
which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative
of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the
wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
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apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to
the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in
compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.
The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission
of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number
and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission
to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this
Section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this
Section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this Section available for
inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
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registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
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(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of
the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an
interest in the Borrower’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in
paragraphs (a)(1), (2), (3), and (4) of this Section in full in any contract in an amount in excess of $100,000 and subject to
the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition
to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a)(1) of this Section the contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1) of this Section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this Section.
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award
Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this Section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(a)(1) through (4) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (a)(1) through (4) of this Section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and
Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such
contract a clause providing hat the records to be maintained under this paragraph shall be made available by the
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contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages
(covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29
CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445)
or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a
risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence."
(c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that
contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot
check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll
data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the
completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In
addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder
by contractors and subcontractors who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify
registration and certification with respect to apprenticeship and training programs approved by either the U.S Department
of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of,
laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks
and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department
of Health and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/whd/WHD_district_offices.pdf.
City of Arlington Council Agenda Bill NB #6 Attachment
September 21, 2026 Police Department’s Wellness Initiative
Verbal Presentation with PPT
Police Department; Peter Barrett, Commander EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: BUDGETED AMOUNT: $0 LEGAL REVIEW: N/A DESCRIPTION: Council meeting on the status of the Police Department’s ongoing wellness initiative and its importance to our employees.
Historically, policing has placed sustained physical and psychological demands on officers, often without access to resources, preventive training, or confidential clinical support. Over time, this gap has contributed to preventable injuries, cumulative trauma and PTSD, mental-health-related retirements, suicide risk, early mortality, and strain on families, including high rates of divorce. APD is working to reverse these trends by expanding wellness resources, training, access to a clinician, a decompression room or relaxation station, and other ongoing support efforts. Wellness and physical fitness directly support operational readiness: fit, resilient officers are better prepared to respond safely and effectively during high-stress incidents, reduce injury risk, manage stress, and protect both themselves and the community they serve. This initiative may also provide broader benefits and help improve wellness for other employees