City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA March 24, 2021 7:00 p.m. Police Court Campus (Public health measures will be required of all persons in attendance. Masks and social distancing are required.) To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of March 3, 2021 Study Session Minutes B. Approval of March 10, 2021 Regular Council Meeting Minutes C. Approval of March 19, 2021 payroll checks numbered 110619 – 110638, direct deposit checks numbers 81359 – 81582, and wire transfers numbered 955 – 959 in the amount of $1,194,098.92 D. Approval of March 24, 2021 Claims numbered 13026 – 13204 and wire transfers numbered 10421 in the amount of $708,914.50 III. REPORTS A. Committees 1. Finance and Parks & Enrichment Services B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers. Public comments will also be accepted via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 4:00 p.m. on March 24, 2021.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests Mount Vernon City Council Agenda March 24, 2021 page 2 IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Public Hearing - Vacation of a Portion of Kincaid Street (This is a public hearing to allow testimony regarding an ordinance to vacate a portion of Kincaid Street. Those wishing to participate in the hearing may contact the Development Services Department at 360- 336-6214 or by email permittech@mountvernonwa.gov no later than 4:00 p.m. on March 24, 2021. Those wishing to participate in person can appear before Council and should arrive at the meeting at 1805 Continental Place by 7:00 p.m.) (required action – ordinance) (staff contact – Rebecca Lowell) B. Public Hearing – 2021 Comprehensive Plan Docket (This is a public hearing to allow testimony regarding the 2021 Comprehensive Plan Docket. Staff is requesting that Council decide which items will be considered during the 2021 Legislative Docket. Those wishing to participate in the hearing may contact the Development Services Department at 360- 336-6214 or by email permittech@mountvernonwa.gov no later than 4:00 p.m. on March 24, 2021. Those wishing to participate in person can appear before Council and should arrive at the meeting at 1805 Continental Place by 7:00 p.m.) (required action – resolution) (staff contact - Rebecca Lowell) C. Public Hearing – CDBG-CV3 Spending Plan (This is a public hearing regarding a proposed action plan for the CDBG-CV3 funding. Staff is requesting that Council review and approve the proposed action plan for the City’s $262,227 CDBG- CV2 {COVID - Relief} funds. The plan allocates $130,000 to Community Action for motel vouchers and $132,227 for the purchase of pallet shelters . Those wishing to participate in the hearing may contact the Mayor’s Office at 360-336-6211 or by email mvmayor@mountvernonwa.gov no than 4:00 p.m. on March 24, 2021. Those wishing to participate in person can appear before Council and should arrive at the meeting at 1805 Continental Place by 7:00 p.m.) (required action – motion) (staff contact – Peter Donovan) D. Approval of the Teamsters Collective Bargaining Agreement (Staff is requesting that Council authorize the Mayor to sign the Collective Bargaining Agreement with the General Teamsters Local No. 231 for the period of January 1, 2021 – December 31, 2021.) (required action – motion) (staff contact – Erin Keator) E. Approval of Agreement with Public Consulting Group (PCG) (Staff is requesting that Council authorize the Mayor to enter into an ambulance transport GEMT agreement with Public Consulting Group.) (required action – motion) (staff contact – Chief Bryan Brice) F. Approval of Agreement for Forestland Response and Fire Equipment Assistance (Staff is requesting that Council authorize the Mayor to enter into two agreements with the Department of Natural Resources.) (required action – motion) (staff contact – Chief Bryan Brice) G. Approval of Amendment No. 1 to Agreement with Carletti Architects (Staff is requesting that Council authorize the Mayor to enter into an amended agreement with Carletti Architects for an amount not to exceed $129,180.75 to extend the completion date of the Wastewater Treatment Plan Administration Building remodel/addition) (required action – motion) (staff contact – Esco Bell) Mount Vernon City Council Agenda March 24, 2021 page 3 H. Ordinance for New Residential Collection, Processing & Marketing of Curbside Recyclables (Staff is requesting that Council approval an ordinance to adopt the new residential collection, processing & marketing of curbside recyclables agreement with Waste Management from April 1, 2021 through May 31, 2021.) (required action – ordinance) (staff contact – Esco Bell) I. Resolution Approving Change in Control of Franchise (Astound Broadband, LLC {controlled & operated by Radiate Holdings, L.P.} has entered into an acquisition agreement with Stonepeak Infrastructure Partners. Stonepeak Infrastructure has requesting consent to transfer control in accordance with existing franchise terms. Staff is requesting that Council approve a resolution.) (required action – resolution) (staff contact – Kevin Rogerson) J. Approval of Agreement for Legal Representation (Staff is requesting that Council authorize the Mayor to enter into an agreement with Cascadia Law Group for legal counseling/representation regarding environmental regulatory matters.) (required action – motion) (staff contact – Kevin Rogerson) K. Approval of Agreement for Legal Representation (Staff is requesting that Council authorize the Mayor to enter into an agreement with Keating, Bucklin & McCormack for legal counseling/representation regarding specific land use matters.) (required action – motion) (staff contact – Kevin Rogerson) COMMITTEE MEETINGS Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3826 Next Resolution 990  AGENDA ITEM: A DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING FOR STREET VACATION RECOMMENDED ACTION: Staff recommends Council make a motion to authorize the Mayor to sign the accompanying Ordinance approving the vacation of a portion of Kincaid Street. INTRODUCTION/BACKGROUND: An application to vacate a portion of Kincaid Street consisting of 500 square feet was submitted and processed by the City (the attached legal description and map identify the areas proposed to be vacated). This street vacation was required by unanimous vote of City Council on August 28, 2019 following denial of a request for Special Permission from Joel and Andrea Dryden. Attached to this memo is a copy of the Council’s meeting minutes from August 28, 2019. FINDINGS/CONCLUSIONS: Chapter 35.79 of the Revised Code of Washington outlines the process for street right-of-way vacations. The Ordinance before Council documents compliance with State law and the Mount Vernon Municipal Code. MVMC 12.40.140(A) states, “The city council shall determine the fair market value of the area to be vacated. This determination shall be based upon an appraisal from a state-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. The city shall select the appraiser, and the petitioner shall pay all costs associated with the appraisal.” Consistent with this code, the attached appraisal of the area required to be vacated was completed by Hewitt Appraisal Service. This appraisal finds that the fair market value for vacation of the portion of a public street required to be vacated is $5,500.00. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Ordinance determining the fair market value of the area to be vacated at $5,500.00 and approving the proposed vacation. ATTACHED: • Proposed Ordinance • Legal descriptions and a map showing the proposed street vacation area • City Council Minutes from August 28, 2019 • Appraisal  ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, VACATING CERTAIN PROPERTY AS PER PETITION FILED BY JOEL AND ANDREA DRYDEN WHEREAS, a petition has been filed pursuant to Chapter 35.79 RCW requesting that a portion of Kincaid Street – South of Skagit County Assessor’s Parcel number P52768, be vacated, and WHEREAS, the City Council of the City of Mount Vernon has on the 24th day of March, 2021, conducted a public hearing in compliance with the provisions of the RCW 35.79.030, after notice as required by RCW 35.79.020, and WHEREAS, the City Council finds that the below mentioned property is no longer required for public use, has no public benefit, there exists no public interest to be protected by retaining title to said right-of-way, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION ONE. The following described property which has been set aside by the City for street purposes is hereby vacated by the City to the abutting property owner. Attached to this Ordinance is Exhibit A containing a map showing the area to be vacated. THE NORTH 5.00 FEET OF KINCAID STREET RIGHT-OF-WAY ADJACENT TO THE SOUTH LINE OF LOT 10, BLOCK 12, “MAP OF THE EASTERN ADDITION TO MT. VERNON, SKAGIT CO., WASHINGTON,” AS PER THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 100, RECORDS OF SKAGIT COUNTY, WASHINGTON, THE EASTERLY LIMIT BEING THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 10 AND THE WESTERLY LIMIT BEING THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 10. SITUATE IN THE CITY OF MOUNT VERNON, COUNTY OF SKAGIT, STATE OF WASHINGTON. CONTAINING 500 SQUARE FEET. SECTION THREE. Consistent with Mount Vernon Municipal Code (MVMC) 12.40.140(A) an appraisal from a state-certified real estate appraiser who has a SRA designation from the Appraisal Institute was completed. This appraisal is attached to this Ordinance identified as Exhibit B and is incorporated herein by this reference and made a part hereof. Based on the findings and conclusions within this appraisal the City determines the fair market value of the real property to be vacated is Five Thousand Five Hundred Dollars ($5,500.00). Ordinance Page 1 of 4 SECTION THREE. This ordinance shall not take effect until recorded in the office of the County Auditor. This ordinance shall not be so recorded unless and until full payment has been received by the City in the amount of Seven Thousand Two Hundred Dollars ($7,200.00), which includes the Appraised Value of the property and outstanding permit fees owed. SECTION FOUR. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION FIVE.. City staff are hereby directed to complete preparation of the final ordinance, including correction of any typographical or editorial edits. SECTION SIX. This ordinance shall be in full force and effect five days after its passage, approval and publication as provided by law. PASSED AND ADOPTED this 24th day of March, 2021. SIGNED IN AUTHENTICATION on this ____ day of ______________, 2021 ______________________________ Doug Volesky, Finance Director ______________________________ Jill Boudreau, Mayor Approved as to form: ___________________________________ Kevin Rogerson, City Attorney Published _________________________ Ordinance Page 2 of 4  EXHIBIT A RIGHT OF WAY VACATION EXHIIBIT MAP Ordinance Page 3 of 4  AGENDA ITEM: B DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING - 2021 COMPREHENSIVE PLAN DOCKET RECOMMENDED ACTION: Following the required public hearing that the accompanying Resolution containing the 2021 Docket be approved. INTRODUCTION/BACKGROUND: The City of Mount Vernon accepts applications annually for map and/or text amendments to our Comprehensive Plan and changes to our development regulations. No site specific applications were received before the January 31st deadline. However, there are a number of legislative work program items listed on the 2021 docket. FINDINGS/CONCLUSIONS: This docketing request is consistent with the City’s Comprehensive Plan, Resolution 491, and RCW 36.70A. A legal notice of the docket hearing was published in the classifieds sections of the Skagit Valley Herald on March 14, 2021. RECOMMENDATION: That City Council approve the attached proposed Resolution. ATTACHED: Proposed Resolution  RESOLUTION NO. ____ A RESOLUTION PERTAINING TO THE COMPREHENSIVE PLAN DOCKET FOR 2021 AND PURSUANT TO RESOLUTION 491 AND RCW 36.70A WHEREAS, the City’s public participation program that was adopted with Resolution 491 outlines the process by which the City receives and dockets proposed Comprehensive Plan amendments; and WHEREAS, the City’s public participation program, GMA docketing process and the ultimate GMA process for reviewing and deciding Comprehensive Plan amendment requests are discretionary, legislative decisions involving City Council policy decisions; and WHEREAS, on March 14, 2021 a public hearing notice was published in the Skagit Valley Herald providing notice of the hearing before the Mount Vernon City Council; and WHEREAS, on March 24, 2021, the City Council held a public hearing to review proposed 2021 Comprehensive Plan Amendments and Mount Vernon Municipal Code Amendments as necessary; and WHEREAS, at the March 24, 2021 public hearing City Council reviewed the proposed amendments to be docketed for 2021, considered the relative importance of the proposed amendments, the relationship they may have to other proposed amendments, whether or not there is need for prompt review, how long amendments have been on the docket for review, and ability of staff and Planning Commission to review the proposed amendments; and WHEREAS, at the public hearing, the Council approved the docketing for the 2021 cycle of projects listed on the attached Exhibit A; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON AS FOLLOWS: SECTION ONE. The City Council does hereby adopt the above listed recitals as set forth fully herein. SECTION TWO. That the City of Mount Vernon will accept for docketing and review the proposed Comprehensive Plan Amendments and Mount Vernon Municipal Code Amendments, as described in the attached Exhibit ‘A’, incorporated herein by this reference. Passed this 24th day of March, 2021 Resolution ___ 2021 Comprehensive Plan Docket Signed in Authentication this _______ day of ____________, 2021 BY: ________________________________________ Jill Boudreau, Mayor ________________________________________ Doug Volesky, Finance Director Approved as to form: ______________________________ Kevin Rogerson, City Attorney Resolution ___ 2021 Comprehensive Plan Docket  EXHIBIT A Resolution ___ 2021 Comprehensive Plan Docket  EXHIBIT A - DEVELOPMENT SERVICES 2021 LEGISLATIVE WORK PLAN 2021 WORK PLAN THE FOLLOWING LEGISLATIVE WORK PROGRAM ITEMS ARE IN PRIORITY ORDER. WORK PROGRAM ITEMS NOT COMPLETED IN 2021 WILL BE MOVED TO THE 2022 WORK PROGRAM UPDATE TO SHORELINE MANAGEMENT MASTER PLAN BACKGROUND: The Shoreline Management Act (SMA) requires the City to review and revised/update our SMA in 2020. REASON FOR WORK PLAN ITEM: To comply with State law. FUNDING FOR ITEM: Department of Ecology Grant and General fund. State grant set to expire in June 2021 and it’s unknown whether or not the State will extend this grant. DELIVERABLES: Updated Shoreline Management Master Plan and amendments to MVMC Chapter 15.07, Shoreline Master Program. BUILDING, FIRE, PROCEDURE CODE CYCLE UPDATES - COMPLETED BACKGROUND: Chapter 19.27 RCW requires that all jurisdictions in the state adopt by reference and enforce the State Building Code as adopted by the State Building Code Council. REASON FOR WORK PLAN ITEM: To comply with State law. FUNDING FOR ITEM: General fund. DELIVERABLES: Amendments to MVMC Chapters 15.04, 15.08, and 14.05 COMPLETE UPDATES TO SIGN CODE BACKGROUND: A comprehensive update to the City’s Sign Code (MVMC Chapter 17.87) was started in 2012 but has never been completed. Portions of the Sign Code have been updated since 2012; however, the City Attorney has an on-going concern regarding portions of the Sign Code that do need a comprehensive update. REASON FOR WORK PLAN ITEM: To ensure compliance with Federal, State, and local regulations and case law. FUNDING FOR ITEM: General fund. DELIVERABLES: Updated MVMC Chapter 17.87 2021 WORK PLAN Page 1 of 5  EXHIBIT A - DEVELOPMENT SERVICES 2021 LEGISLATIVE WORK PLAN AFFORDABLE HOUSING WORK PLAN BACKGROUND: Following adoption of the City’s 2016 Comprehensive Plan an Affordable Housing Work Plan was created to prioritize legislative work necessary to encourage the creation of affordable housing throughout the City. REASON FOR WORK PLAN ITEM: To continue with the adoption of regulations to encourage the creation of affordable housing. FUNDING FOR ITEM: General fund. DELIVERABLES: Zoning code amendments and associated tools to allow/support: A. Duplexes on all corner lots in SFR zoning districts. B. Legal paperwork required to accompany developments using the Affordable Housing Code completed. UPDATE E.D. HOVEE’S COMMERCIAL & INDUSTRIAL LAND NEEDS ANALYSIS BACKGROUND: In September 2006 City Council adopted Resolution 727, that in turn adopted a Commercial & Industrial Land Needs Analysis by E.D. Hovee & Company, LLC. This report was subsequently adopted as part of the City’s Land Use and Economic Developments of the Comprehensive Plan and is the basis for many Goals, Objectives and Policies found within the Comprehensive Plan. REASON FOR WORK PLAN ITEM: Council wishes to evaluate Comprehensive Plan Amendments to the Land Use and Economic Development Elements, changes to Comprehensive Plan and Zoning designations, and changes to zoning regulations to allow different uses in specific C-2 and C-L zoned areas. FUNDING FOR ITEM: General fund. DELIVERABLE: An updated Commercial & Industrial Land Needs Analysis that Council can use in 2021 (and beyond) to amend the Comprehensive Plan and zoning regulations. UPDATING DEVELOPMENT SERVICES AND FIRE PERMIT/LICENSE FEES BACKGROUND: Currently collected Development Services fees pay for approximately 40% of the actual cost to process and issue the permits the Department is tasked with processing. REASON FOR WORK PLAN ITEM: To minimize the extent that public funds subsidize work the Department completes on behalf of developers, builders, etc. FUNDING FOR ITEM: General fund. DELIVERABLES: Amendments to MVMC Chapter 14.15, Fees. Other minor amendments to the Mount Vernon Municipal Code deemed necessary that can be accomplished without impacting other 2021 work program items. 2021 WORK PLAN Page 2 of 5  EXHIBIT A - DEVELOPMENT SERVICES 2021 LEGISLATIVE WORK PLAN 2022 AND BEYOND WORK PLAN THE BELOW LISTED ARE NOT IN ANY PRIORITY ORDER BECAUSE THESE ITEMS ARE ANTICIPATED TO BE COMPLETED IN 2022 OR LATER AMENDMENTS TO WIRELESS TOWERS/ANTENNAS REGULATIONS BACKGROUND: Federal and State regulatory frameworks are rapidly changing in response to the demand for wireless services. National infrastructure is being prepared for 5G (the fifth generation wireless technology for digital cellular networks that began wide deployment in 2019); which means that the City will need to adopt regulations to respond to new Federal and State laws. The timing for this work plan item will vary; however, the City will need to rapidly respond to new regulations when necessary. REASON FOR WORK PLAN ITEM: To comply with Federal and State laws while taking into account local circumstances and needs. FUNDING FOR ITEM: General fund. DELIVERABLES: Amendments to MVMC Chapter 17.100, Wireless Telecommunications Towers and Antennas. ** Please note that this item may need to be actioned sooner depending on federal and/or state regulations that could be adopted at any time AMENDMENTS TO MVMC CHAPTER 15.18, LAND CLEARING BACKGROUND: Several developers have requested amendments to MVMC Chapter 15.18, Land Clearing. Should Council choose to place these amendments on the Department’s 2020 Docket staff will commence the work necessary to amend this Chapter of the MVMC. REASON FOR WORK PLAN ITEM: To address concerns raised by Developers. FUNDING FOR ITEM: General fund. DELIVERABLES: Amended MVMC Chapter 15.18, Land Clearing 2021 WORK PLAN Page 3 of 5  EXHIBIT A - DEVELOPMENT SERVICES 2021 LEGISLATIVE WORK PLAN UPDATED PARK & RECREATION COMPREHENSIVE PLAN BACKGROUND: State law requires the City’s Comprehensive Plan be updated every eight years. During the last required update in 2016 the Park and Recreation Plan received minimal attention due to the scope of other update work required. This element needs to be updated to match the other elements of the plan. REASON FOR WORK PLAN ITEM: There are projects listed in the CIP that need to be incorporated into the Comprehensive Plan; and to make this element consistent with the other elements of the Comprehensive Plan. FUNDING FOR ITEM: General fund. DELIVERABLES: Updated Park and Recreation Element of the Comprehensive Plan. ** Requires Parks Director collaboration NEW SUBAREA SURROUNDING SKAGIT COUNTY FAIRGROUNDS BACKGROUND: In 2019 Skagit County approached the City and expressed a desire to evaluate potential future uses of their Fairgrounds property in anticipation of moving the Fairgrounds elsewhere at some point in the future. The City suggested completion of a sub-area plan as a way to analyze alternatives and allow ample public participation in vetting future uses in this area. The boundaries of the sub-area plan have not yet been defined, but could encompass Section to Blackburn (N to S) & 2ND/3RD to the River and encompassing the County Fairgrounds. REASON FOR WORK PLAN ITEM: To complete a planning process that will evaluate and adopt plans guiding the future development of the Skagit County Fairgrounds and surrounding areas. FUNDING FOR ITEM: Skagit County. DELIVERABLES: A complete or nearly complete Sub-Area plan that will become part of the City’s Land Use Element of the Comprehensive Plan. The final sub-area plan could be adopted in 2021 when the sub-area’s associated Planned Action is anticipated to be completed. **Funding included in County 2021 Budget UPDATED PARK AND FIRE IMPACT FEES BACKGROUND: The City’s Park and Fire impact fees have not been updated since 1994 and are due to be updated. REASON FOR WORK PLAN ITEM: To ensure impact fees collected are consistent with adopted Capital Facility and Capital Improvement Plans. FUNDING FOR ITEM: General fund. DELIVERABLES: Amendments to MVMC Chapter 3.40 updating these impact fees. **Requires Parks Director and Fire Chief collaboration 2021 WORK PLAN Page 4 of 5  EXHIBIT A - DEVELOPMENT SERVICES 2021 LEGISLATIVE WORK PLAN COMPLETE WORK REQUIRED TO BECOME A CERTIFIED LOCAL GOVERNMENT BACKGROUND: The downtown association, Planning Commission, and Design Review Committee have expressed a desire for the City to become a Certified Local Government (CLG). CLG regulations provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the City and preserve and rehabilitate eligible historic properties through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW. REASON FOR WORK PLAN ITEM: To protect historic resources and create a property tax incentive for certain designated properties. FUNDING FOR ITEM: General fund. DELIVERABLES: Updates to MVMC Chapter 17.66 2021 WORK PLAN Page 5 of 5  AGENDA ITEM: C DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: PUBLIC HEARING FOR AN AMENDMENT OF 2019-20 CDBG ACTION PLAN RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The City of Mount Vernon has been notified by the U.S. Department of Housing and Urban Development (HUD) that the City will receive an allocation of CDBG-CV3 funds in the amount of $262,227 that must be used to prevent, prepare for, or respond to the impacts of the COVID-19 pandemic. To allow for this CV3 allocation, the City of Mount Vernon needs to amend its 2019-2020 Action Plan. FINDINGS/CONCLUSIONS: With an amendment to its 2019-20 CDBG Action Plan, the City of Mount Vernon will be positioned to more effectively utilize these federal resources to address local needs, and to hear from the public regarding the City’s proposed plan to spend its CDBG-CV3 allocation of $262,227 on the following community support initiatives: Community Action of Skagit County: $130,000 --$117,000 for motel vouchers; --$ 13,000 for administrative costs. This allocation would assist residents experiencing homelessness to be placed in non-congregate shelter. City of Mount Vernon: $132,227 --$120,000 for pallet shelters, to be loaned to the Skagit First Steps shelter program; --$ 12,227 for administrative expenses. RECOMMENDATION: A motion to amend the City of Mount Vernon’s 2019-2020 CDBG Action Plan to include the use of CV3 funds for community COVID response measures. ATTACHED: None  AGENDA ITEM: D DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Erin Keator, Human Resources Director SUBJECT: TEAMSTERS’ COLLECTIVE BARGAINING AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the Teamsters’ Collective Bargaining Agreement for January 1, 2021 through December 31, 2021. INTRODUCTION/BACKGROUND: The Teamsters’ Collective Bargaining Agreement expired December 31, 2020. The City and the Union negotiated a one year contract. The City and Union came to an agreement on March 10, 2021. The Union ratified the contract on March 23, 2021. FINDINGS/CONCLUSIONS: Details of the proposed contract include: 1 Year Contract - January 1, 2021 through December 31, 2021; 1% Wage Increase effective 1/1/2021, 2.0% Wage Increase effective 7/1/2021; Significant language change to scheduling regarding the Parks Department; Language changes in Vacancies and Demotions; The Union agreed to move the Teamster employees from a Notional HRA to a VEBA account; Increased mechanics tool reimbursement from $750 to $1000; Created language that requires employees to reimburse the City the cost of their CDL training and testing if they leave employment within certain timeframes. RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the Teamsters’ Collective Bargaining agreement for January 1, 2021 through December 31, 2021. ATTACHED: None.  AGENDA ITEM: E DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Bryan Brice, Fire Chief SUBJECT: AMBULANCE TRANSPORT GEMT AGREEMENT RECOMMENDED ACTION: Staff recommends that Council adopt the ambulance transport GEMT agreement with Public Consulting Group (PCG) and authorize the Mayor to execute the agreement. INTRODUCTION/BACKGROUND: The city of Mount Vernon operates the service of ambulance transportation and subsequently bills for the transportation of patients. Medicaid is a common insurance carrier for members of the community. For a transport agency to bill for Medicaid they must agree to accept the rate established by Centers for Medicare and Medicaid (CMS). This rate is far below the cost to provide the service of ambulance transport. To assist with the gap of revenue received from Medicaid and the cost of transport the Ground Emergency Transport (GEMT) program was established by CMS. The state of Washington introduced House Bill 2007 and it passed during the 2015-16 legislative session allowing Washington transport providers to participate in the GEMT program and receive supplemental payments. To participate in the reimbursement program authorized by State Plan, each eligible publicly owned or operated emergency medical transportation provider must submit the Centers for Medicare and Medicaid (CMS) approved cost report to the Washington State Health Care Authority Financial Services Division by November 30 of each Washington state fiscal year (July 1-June 30). All records must be accurate and sufficiently detailed to substantiate the cost report data. The process for submittal for GEMT reimbursement requires detailed accurate financial disclosure along with coordination with the state department of health. It further requires an in-depth knowledge of Medicare and Medicaid regulations and reporting. The City has utilized PCG to perform the needed work for financial analysis, coordination with the state DOH, and reporting. This work has been previously performed under a contract established through Systems Design (our previous ambulance biller). With the change of ambulance billing it is necessary to establish a new contract directly with PCG for the services needed. FINDINGS/CONCLUSIONS: Contracting with PCG maximizes the potential revenue from the GEMT program for the City. It provides a firm that is intimately familiar with the rules and regulations surrounding Medicaid and Medicare and the State of Washington Department of Health. The cost is outlined below: Annual Medicaid Trips Fee 1-60 $ 7,500 61-180 $20,000 181+ $30,000 RECOMMENDATION: Staff recommends that Council adopt the ambulance transport GEMT agreement with Public Consulting Group (PCG) and authorize the Mayor to execute the agreement. ATTACHED: Attachment A – PCG Contract  148 State Street, 10th Floor Boston, MA 02109 AGREEMENT This Agreement (“Agreement”) is entered into by and between Public Consulting Group, Inc. (“PCG”) and Mount Vernon Fire Department (“CLIENT”) as of July 1, 2020 (“Effective Date”). WHEREAS, CLIENT is seeking to participate in the Washington Ground Emergency Medical Transportation (GEMT) program, and WHEREAS, CLIENT is seeking a vendor to complete the necessary filing requirements, including the annual GEMT cost report, and WHEREAS, PCG possesses professional skills that can assist CLIENT; and WHEREAS, CLIENT wishes to engage PCG as an independent contractor to perform certain professional services for CLIENT; THEREFORE, for good and valuable consideration, the receipt and adequacy of which is acknowledged, PCG and CLIENT hereby agree as follows: 1. Description of Services PCG will provide the professional services assigned by CLIENT and more fully described in Attachment A (“the Contracted Services”). PCG acknowledges and agrees that time is of the essence in the value of the Contracted Services, and shall render such Contracted Services in a prompt and diligent manner. 2. Term PCG will provide the Contracted Services from the Effective Date through June 30, 2023, unless this Agreement is terminated earlier pursuant to Section 4 or extended by written agreement of the parties. Unless otherwise specified by CLIENT in writing, PCG will provide the Contracted Services for the full duration of this Agreement. Upon the expiration or termination of this Agreement for any reason all rights granted hereunder shall immediately terminate except for those concerning compensation in Attachment B, Sections 13 and 14, or any other provision that, by its terms, is intended to survive the expiration or termination of this Agreement. 3. Compensation a. CLIENT will compensate PCG pursuant to the provisions contained in Attachment B and this Section 3, and will not pay PCG any other benefits, expenses, or compensation. Page 1  148 State Street, 10th Floor Boston, MA 02109 b. CLIENT will compensate PCG within thirty (30) days following the receipt of itemized billing statements from PCG that satisfactorily describe the hours and dates that PCG performed the Contracted Services, the services performed, and any expenses incurred. Payment by CLIENT will be conditioned upon PCG’s timely performance of the Contracted Services to the satisfaction of CLIENT. c. Upon termination of this Agreement, other than termination for cause under Section 4(b), PCG will be entitled to receive compensation for Contracted Services satisfactorily provided prior to the effective date of termination. 4. Termination a. General: The term of this Agreement is set forth in Section 2. The Agreement may be terminated before the end of the term pursuant to the following subsections of this Section 4. b. Termination for Cause: This Agreement may be terminated immediately by either party following a material breach of this Agreement and a failure to cure such breach within a reasonable period after written notice, not to exceed ten (10) business days. c. Termination of this Agreement will not discharge the obligations of the parties with respect to the protection of Proprietary or Confidential Information. 5. Notices and Contact Persons Any notices, requests, consents and other communications hereunder shall be in writing and shall be effective either when delivered personally to the party for whom intended, e- mailed with an acknowledgment of receipt, or five days following deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth below, who shall serve as Contact Persons unless replaced by a party by written notice to the other party: For PCG: For CLIENT Garrett Abrahamson Bryan Brice Public Consulting Group, Inc. Mount Vernon Fire Department 148 State Street 1901 N LaVenture Boston, MA 02109 Mount Vernon, WA 98273 gabrahamson@pcgus.com Page 2  148 State Street, 10th Floor Boston, MA 02109 6. Approval of Contracted Services The Contracted Services performed by PCG are subject to acceptance by CLIENT, which acceptance shall not be withheld unreasonably. 7. PCG Representation PCG represents that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by any federal, state, or local governmental authority. PCG shall immediately notify CLIENT regarding the circumstances if this representation becomes no longer accurate during the term of this Agreement. 8. Standards of Conduct PCG shall comply with all applicable laws, rules, regulations, and standards of ethical conduct. 9. Relationship of the Parties a. The parties agree that PCG is an independent contractor, and that neither it nor any of its employees is an employee, agent, partner, or joint-venturer of CLIENT. b. PCG shall secure and maintain all insurance, licenses, and/or permits necessary to perform the Contracted Services. PCG shall be responsible for paying its employees, and for paying all applicable state and federal taxes including unemployment insurance, social security taxes, and state and federal withholding taxes. PCG understands that neither it nor its employees will be eligible for benefits or privileges provided by CLIENT to its employees. c. Except as may be otherwise provided in this Agreement, PCG has complete and exclusive authority over the means and methods of performing the Contracted Services, need not adhere to policies and procedures applicable to CLIENT employees, and may perform the Contracted Services according to its own schedule at its own offices or at any other location. PCG shall hire its own employees, use its own tools and equipment, and purchase its own supplies. d. PCG has no authority to and shall not purport to bind, represent, or speak for CLIENT or otherwise incur any obligation on behalf of CLIENT for any purpose unless expressly authorized by CLIENT. e. PCG shall provide its federal employer tax identification number, or social security number in the case of an individual, to CLIENT in writing. PCG also shall provide copies of any applicable business licenses. Page 3  148 State Street, 10th Floor Boston, MA 02109 10. Record Maintenance and Accounting Upon Termination With respect to all records of any kind that PCG acquires or creates for purposes of performing the Contracted Services, PCG shall not knowingly destroy records that are required to be preserved by law and shall maintain project records in an orderly manner. Nothing herein is intended (nor shall be construed) to prohibit CLIENT from complying with chapter 42.56 RCW, or any other applicable law or court order requiring the release of public records. PCG shall indemnify, defend, and hold CLIENT harmless against any claims, liabilities, penalties, costs and reasonable attorneys’ fees that CLIENT incurs based on public records that are in the possession or under the dominion and control of PCG, including but not limited to PCG failure or declination to retain, conduct a reasonable search in compliance with law, withhold in whole or in part, or timely provide the public records to CLIENT or based upon any and all actions of PCG in seeking to prevent disclosure of a record in whole or in part that is in the possession of CLIENT. 11. Insurance PCG shall maintain during the term of this Agreement such insurance, including general liability and worker’s compensation insurance, as will fully protect both CLIENT and PCG from claims that may arise from PCG’s performance of the Contracted Services. 12. Assignments and Subcontracts PCG may neither assign nor further subcontract its obligations under this Agreement to any other entity without the prior written consent of CLIENT, unless such assignment or subcontract is with an affiliate or subsidiary of PCG in which case PCG shall only be required to provide written notice to CLIENT. 13. Proprietary or Confidential Information For purposes of fulfilling its obligations under this Agreement, one party (“Disclosing Party”) may convey to the other party (“Receiving Party”) information that is considered proprietary and confidential to the Disclosing Party. a. “Proprietary or Confidential Information” is defined as information – including but not limited to trade secrets, strategies, financial information, sales information, pricing information, strategies, processes, policies, procedures, operational techniques, software, and intellectual property -- that (i) has not previously been published or otherwise disclosed by the Disclosing Party to the general public, (ii) has not previously been available to the Receiving Party or others without confidentiality restrictions, or (iii) is not normally furnished to others without compensation, and which the Disclosing Party wishes to protect against unrestricted disclosure or competitive use. Proprietary or Confidential Information does not include information that, without a breach of this Page 4  148 State Street, 10th Floor Boston, MA 02109 Agreement, is developed independently by the Receiving Party, or that is lawfully known by the Receiving Party and received from a source that was entitled to have the information and was not bound to the Disclosing Party by any confidentiality requirement. b. The Receiving Party shall hold Proprietary or Confidential Information in strict confidence, in perpetuity, and shall use and disclose such information to its employees only for purposes of this Agreement and the Contracted Services unless disclosure is required by law or permitted under the terms of this Agreement. c. The Receiving Party shall not divulge any such Proprietary or Confidential Information to any employee who is not working on matters relating to this Agreement and the Contracted Services, without the prior written consent of the Disclosing Party. d. The Receiving Party shall use at least the same standard of care for protecting Proprietary or Confidential Information that it uses to prevent disclosure of its own proprietary or confidential information, but in no case less than reasonable care. e. Nothing in this Agreement prohibits the Receiving Party from disclosing Proprietary or Confidential Information pursuant to a lawful order of a court or government agency, but only to the extent of such order, and only if the Receiving Party gives reasonable notice of such order to the Disclosing Party in order that the Disclosing Party may seek a protective order or take other action to protect the information that was ordered to be disclosed. In addition, if Client receives a request under chapter 42.56 RCW to inspect or copy records marked by PCG as proprietary or confidential information and if client determines in its reasonable and sole discretion that such information must be disclosed to the requestor, Client’s sole obligation shall be to notify PCG of the request and the date that such proprietary or confidential information will be released. PCG shall have the option of obtaining a court order to enjoin disclosure pursuant to RCW 42.56.540. Client shall not be liable to PCG for releasing any proprietary or confidential information in compliance with this provision. f. Rights and obligations under this Agreement shall take precedence over specific legends or statements that may be associated with Proprietary or Confidential Information when received. g. The parties agree that the Disclosing Party would suffer irreparable harm hereunder if Proprietary or Confidential Information were improperly released, conveyed, or transferred by a Receiving Party, and that in such situation the Disclosing Party shall be entitled to, in addition of any other remedies, the entry of injunctive relief and specific performance. Page 5  148 State Street, 10th Floor Boston, MA 02109 h. Upon termination of this Agreement, each party shall cease use of Proprietary or Confidential Information received from the other party. At the request of the Disclosing Party, the Receiving Party shall promptly destroy all physical copies of such information in its possession, custody, or control, unless prohibited by law or lawful order, and shall furnish the Disclosing Party with written certification of such destruction within thirty (30) days of such request. Alternatively, if the Disclosing Party fails to provide such a written request to the Receiving Party within ten (10) days of the termination of this Agreement, the Receiving Party shall return all such physical copies of such information to the Disclosing Party. If return is not practicable, the Receiving Party shall so notify the Disclosing Party and shall keep such information secure and confidential in perpetuity. i. The termination of this Agreement for any reason shall not discharge the obligations of the Parties with respect to the protection of Proprietary or Confidential information set forth in this section. 14. Intellectual Property a. Neither party makes any representation or warranty as to the accuracy or completeness of its Proprietary or Confidential Information disclosed under this Agreement. b. PCG guarantees that its use or creation of any intellectual property under this Agreement does not infringe upon the intellectual property rights of any third party. 15. Conflicts of Interest The parties understand that PCG is not required to perform the Contracted Services on a full-time basis for CLIENT and may perform services for other individuals and organizations consistent with the limitations in this Agreement. 16. Waiver The failure of a party to enforce a provision of this Agreement shall not constitute a waiver with respect to that provision or any other provision of this Agreement. 17. Entire Agreement This Agreement (including the attachments) constitutes the entire agreement between the parties with respect to the subject matter of the Contracted Services, and supersedes all prior agreements and understandings, both written and oral. Notwithstanding the foregoing, any separate written agreement between the parties regarding the Page 6  148 State Street, 10th Floor Boston, MA 02109 confidentiality and security of information exchanged or used by the parties for purposes of this Agreement shall be effective unless and until it is specifically terminated. 18. Amendment This Agreement may be amended only by written agreement of the parties, signed by authorized representatives and referencing this Agreement. 19. Severability If any provision in this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions in this Agreement shall continue in full force and effect. 20. Applicable Law and Venue This Agreement, and all other aspects of the business relationship between the parties, is construed, interpreted, and enforced under and in accordance with the laws of the State of Washington, without regard to choice of law provisions. The parties also consent to the personal jurisdiction in its courts, and agree that the state and federal courts of King County, Washington shall have exclusive jurisdiction over the enforcement of this Agreement. 21. Miscellaneous a. Limitation of Liability and Indemnification. PCG shall not be liable to CLIENT for any incidental, indirect, special, punitive or consequential damages, including, but not limited to, such damages arising from any type or manner of commercial, business, or financial loss, even if such party had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable. The parties acknowledge that CLIENT and its officials will be relying on the work performed in this Agreement (and in turn PCG will be relying on the accuracy and completeness of the data and information, which PCG will treat on an ‘as is’ basis) to submit disclosures and reports to appropriate government agency(s) in order to participate and qualify for the Washington Ground Emergency Medical Transportation (GEMT) program and that certain errors in such work could subject the City and/or its officials to financial penalties and other enforcement by the appropriate government agency(s). In addition, PCG agrees to indemnify, defend, and hold CLIENT harmless for any acts, omissions, or errors arising from the negligent or reckless performance of this Agreement including but not limited to enforcement proceedings from other government agencies which result from such negligence or recklessness, provided that this provision will not require PCG: (i) to indemnify and defend CLIENT’s obligation to return funds to any government Page 7  148 State Street, 10th Floor Boston, MA 02109 agency that CLIENT is not otherwise entitled; (ii) to indemnify and defend (in an amount not to exceed the total compensation PCG receives as a result of its services under this Agreement) CLIENT’s claim(s) it has received less funds than it contends it is entitled; (iii) to indemnify and defend CLIENT when PCG’s negligence or recklessness was due to its reliance on the data and information it received from CLIENT; and (iv) CLIENT and its officials do not exercise reasonable care in reviewing any document prior to its execution and/or submission for any representation that appears erroneous on its face. b. The parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason of authorship. c. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power, or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable. d. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement. nor the meaning of any provisions hereof. e. Each party represents that: (1) it has the authority to enter into this Agreement; and (2) that the individual signing this Agreement on its behalf is authorized to do so. f. In the event medical information is needed to be disclosed to PCG in order to perform its services, PCG shall enter into a mutually agreeable Business Associate Contract in compliance with federal and state law with CLIENT if required pursuant to federal or state law. CLIENT may immediately terminate this Agreement in the event PCG refuses or fails to enter into such agreement. (the remainder of this page is intentionally blank) Page 8  148 State Street, 10th Floor Boston, MA 02109 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date written above. CITY OF MOUNT VERNON BY: NAME: Jill Boudreau TITLE: Mayor DATE: PUBLIC CONSULTING GROUP, INC. BY: NAME: Garrett Abrahamson TITLE: Associate Manager DATE: February 26, 2021 Page 9  148 State Street, 10th Floor Boston, MA 02109 ATTACHMENT A CONTRACTED SERVICES Pursuant to the terms and conditions of this Agreement, PCG shall provide the following Services: • Drafting application materials and responding to requests for additional information necessary for the provider to gain approval to participate in the GEMT program. • Identifying eligible costs and developing appropriate cost allocation methodologies to report only allowable costs for providing emergency medical services to Medicaid and, as applicable, uninsured populations. • Developing customized web portal to assist with cost report calculation and auditing process. • Conducting analysis of the provider’s financial and billing data in order to prepare and submit annual cost reports, the mechanism for providers to receive additional revenue under the GEMT program. o FY 2020 (July 1, 2019 – June 30, 2020): Tentatively due 11/30/2020 o FY 2021 (July 1, 2020 – June 30, 2021): Tentatively due 11/30/2021 o FY 2022 (July 1, 2021 – June 30, 2022): Tentatively due 11/30/2022 • Providing comprehensive desk review support, including but not limited to conducting reviews of all cost settlement files, performing detailed analysis of billing reports generated by Medicaid agencies to ensure that all allowable charges and payments are encompassed in the calculation of the final settlement, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite settlement. • Conducting comparative analysis to identify significant trends in billing and financial data. • Provide ongoing audit support in the event of a state and/or federal audit of GEMT cost report. Page 10  148 State Street, 10th Floor Boston, MA 02109 ATTACHMENT B COMPENSATION Pursuant to the terms and conditions of this Agreement, CLIENT shall compensate PCG based on the number of Annual Medicaid Trips. Outlined below are the fees to be paid associated with the respective range of total Medicaid (Fee-for-Service and Managed Care) trips in a cost report (state fiscal) year. Annual Medicaid Fixed Fee Cost per Contingency Fee Trips Submission Option 1-60 $7,500 N/A 61-180 $20,000 15% 181+ $30,000 15% As notated in the above model, if CLIENT has more than 60 annual Medicaid Trips, CLIENT has the option of electing to pay the Fixed Fee Cost per Submission or the 15% Contingency per annual cost report submission and corresponding true-up, inclusive of enhanced incremental revenues received from GEMT program. This Compensation provision shall survive the expiration and/or termination of this Agreement until such time as all fees have been paid and received in full by PCG for all services rendered. Page 11  AGENDA ITEM: F DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Bryan Brice, Fire Chief SUBJECT: INTERLOCAL AGREEMENT FOR FORESTLAND RESPONSE AND FIRE EQUIPMENT ASSISTANCE RECOMMENDED ACTION: Staff recommends that Council adopt the interlocal agreements with the Department of Natural Resources and authorize the Mayor to execute the agreement. INTRODUCTION/BACKGROUND: The purpose of the Forestland Response agreement is to provide for mutual assistance and cooperation in the control and suppression of forestland fires. This Agreement pertains to forestland fire incidents within or adjacent to the city boundaries and to Fire Department resources ordered through the Department of Natural Resources (DNR) for dispatch outside of city boundaries. The second agreement, Fire Equipment Assistance, provides the city the opportunity to participate in the Federal Excess Personal Property (FEPP) program. This program allows for the loaning of equipment to a department provided they follow strict guidelines for accountability, tracking and replacement. These agreements are a continuation of previous agreements we have had with the Department of Natural Resources (DNR). In previous years both attached agreements were combined into one agreement. DNR has determined it is better to separate the two agreements as they have different functions and one is not reliant on the other. FINDINGS/CONCLUSIONS: none RECOMMENDATION: Staff recommends that Council adopt the interlocal agreements with the Department of Natural Resources and authorize the Mayor to execute the agreement. ATTACHED: DNR Forestland Response Agreement DNR Fire District Assistance Agreement  AGENDA ITEM: G DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Esco Bell, Public Works Director SUBJECT: AMENDMENT NO 1: CARLETTI ARCHITECTS PROFESSIONAL SERVICES AGREEMENT FOR WWTP ADMIN BUILDING REMODEL/ADDITION RECOMMENDED ACTION: Staff requests that the Council authorize the Mayor to execute Amendment No. 1 to the professional services agreement with Carletti Architects, P.S., for the wastewater treatment plant administration building remodel/addition in an amount not to exceed $129,180.75. Such amount provides for a $14,180.75 increase from the current agreement. INTRODUCTION/BACKGROUND: Carletti Architects was hired December 17, 2018, for the design and project management of the remodel and addition for the wastewater treatment plant administration building. The amount of the professional services agreement needs to be increased by $14,180.75 due to unforeseen utilities and unsuitable material discovered during construction. FINDINGS/CONCLUSIONS: It was deemed necessary to upgrade the existing space in the WWTP administration building as staff levels have increased to meet the operational needs of a treatment plant that has grown significantly. The project includes design and construction to expand and remodel the administration building at the wastewater treatment plant. The expansion includes a new meeting/training room, expanded locker room, climate control server room, and office expansion. The existing building is being expanded by approximately 1,600 square feet to accommodate the improvements. Construction of the project is nearing completion; however, the amount of the professional services agreement needs to be increased by $14,180.75 due to unforeseen utilities and unsuitable material discovered during construction, and to provide professional services for the consequent extended construction period. There are sufficient funds in approved wastewater budgets to cover the cost of the proposed amendment. RECOMMENDATION: Request Council authorize the Mayor to execute Amendment No 1 with Carletti Architects. ATTACHED: Amendment No 1  AMENDMENT NO 1 CITY OF MOUNT VERNON – WASTE WATER TREATMENT PLANT OFFICE ADDITION AND REMODEL THIS AMENDMENT, entered into this ____ day of _________, 2021, by and between the CITY OF MOUNT VERNON, Washington, a municipal corporation (hereinafter referred to as the "City") and, Carletti Architects, PS (hereinafter referred to as "Architect"). W I T N E S S E T H: WHEREAS the City entered into an Agreement with Architect dated December 17, 2018, to perform certain design and architectural services (the ''work") involving the City's Wastewater Treatment Plant Office Addition and Remodel as set forth in the agreement attached hereto; and WHEREAS, it is necessary for the Architect to perform additional duties and increase the scope of work; and WHEREAS the parties hereto wish to amend the Agreement by increasing the scope of work that Architect will be obligated to perform for additional consideration increasing the maximum compensation from $115,000.00 [One Hundred Fifteen Thousand dollars] to a new total amount not to exceed $129,180.75 [One Hundred Twenty-Nine Thousand One Hundred Eight dollars and Seventy-Five cents]. NOW, THEREFORE, the parties hereby amend said Agreement, as follows: 1. Exhibit A - Scope of Work, is hereby amended to read as follows: See attached Exhibit A - Scope of Work 2. Fees section of Exhibit A - Scope of Work, is hereby amended to read as follows: See attached Exhibit A -Scope of Work 3. Time of Completion is hereby amended to read as follows: This Agreement shall commence as of the date of execution of this Amendment, retroactive to January 1, 2021, and shall be completed by May 31, 2021. 4. All other terms and conditions of the original Agreement remain the same. Amendment No 1 – City of Mount Vernon Waste Water Treatment Plant Office Addition and Remodel Page 1 of 2 IN WITNESS WHEREOF the parties hereto have executed this document as of the day and year first written above. CITY OF MOUNT VERNON CARLETTI ARCHITECTS, P.S. By By Mayor, Jill Boudreau Architect, Peter Carletti Attest: Finance Director, Doug Volesky City Attorney, Kevin Rogerson Amendment No 1 – City of Mount Vernon Waste Water Treatment Plant Office Addition and Remodel Page 2 of 2 Exhibit A - Addendum No 1 MV WWTP Office Addition and Remodel Exhibit A - Addendum No 1 MV WWTP Office Addition and Remodel  AGENDA ITEM: H DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Esco Bell, Public Works Director SUBJECT: ORDINANCE ADOPTING NEW RESIDENTIAL COLLECTION, PROCESSING AND MARKETING OF CURBSIDE RECYCLABLES RATES RECOMMENDED ACTION: Staff requests council to pass the attached ordinance adopting new residential, collection processing and marketing of curbside recyclables rates. INTRODUCTION/BACKGROUND: The City provides mandatory residential curbside recycle service by a contract with Waste Management. New rates have been established to take effect April 1, 2021. The attached ordinance is a needed step to implement these new rates. FINDINGS/CONCLUSIONS: State law makes it a City responsibility to fully implement waste reduction and source separation strategies and to develop and implement aggressive and effective waste reduction and source separation strategies. Chapter 8.12 MVMC makes the collection, removal and disposal of recyclable materials within the City compulsory and sets rates for curbside pick‐up of recyclable materials from residential buildings of one to four units. The current contract with Waste Management for curbside collection of residential recyclables expires on March 31, 2021. The cost of curbside collection of recyclable materials by Waste Management will increase effective April 1, 2021, when a contract extension for that service becomes effective. The notice required for increases of contract rates for the collection of solid waste, including recyclables, has been properly published and will have been available to affected rate payers for at least forty‐five days before April 1, 2021. The City finds that the rate increases are based on the increased costs of collection services and the processing of recyclable materials and fairly reflect the cost of the service. State law allows that the City’s solid waste ordinance may fix charges for the collection and disposal of recyclable materials. RECOMMENDATION: Staff recommends adoption of the attached ordinance ATTACHED: Ordinance  ORDINANCE NO. ______ RED LINED VERSION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, AMENDING CHAPTER 8.12 MVMC TO SET MONTHLY FEES FOR CURBSIDE COLLECTION OF RECYCLABLE MATERIALS WHEREAS state law makes it a city responsibility to fully implement waste reduction and source separation strategies and to develop and implement aggressive and effective waste reduction and source separation strategies; and WHEREAS chapter 8.12 MVMC makes the collection, removal and disposal of recyclable materials within the city compulsory and sets rates for curbside pick-up of recyclable materials from residential buildings of one to four units; and WHEREAS the current contract with Waste Management for curbside collection of residential recyclables expires on March 31, 2021; and WHEREAS the cost of curbside collection of recyclable materials by Waste Management will increase effective April 1, 2021, when a contract extension for that service becomes effective; and WHEREAS the notice required for increases of contract rates for the collection of solid waste, including recyclables, has been properly published and will have been available to affected rate payers for at least forty-five days before April 1, 2021; and WHEREAS the City finds that the rate increases are based on the increased costs of collection services and the processing of recyclable materials and fairly reflect the cost of the service; and WHEREAS state law allows that the City’s solid waste ordinance may fix charges for the collection and disposal of recyclable materials; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. The City Council does hereby adopt the above listed recitals as set forth fully herein. SECTION TWO. Section 8.12.120MVMC is amended to read as follows: 8.12.120 Fees – Designated – Increases authorized when – Special charges – Recordkeeping. PAGE 1 OF 9 The fees for garbage collection and refuse services, and for collection of recyclable materials, shall be as follows: A. Residential Buildings of One to Four Units. Garbage collection for residential dwellings with four or fewer living units shall be performed once per week. Curbside collection of recyclable materials for residential dwellings with four or fewer living units shall be performed once every other week. Fees shall be assessed for the collection of garbage and refuse and for curbside collection of recyclable materials as set forth below: 1. The monthly base fee for garbage collection of residential dwellings with four or fewer living units including Washington State refuse tax shall be as follows: Service Level – Cart One 20-gallon maximum cart Effective September 1, 2019, shall be $9.69 One 35-gallon maximum cart Effective September 1, 2019, shall be $19.28 One 65-gallon maximum cart Effective September 1, 2019, shall be $34.73 One 95-gallon maximum cart Effective September 1, 2019, shall be $46.75 Extra garbage In addition to current service level: $5.50 per extra 35 gallons; $2.25 per extra 20 gallons Service Level – Bins (bin size in yards) 1-yard bin Effective September 1, 2019, shall be $80.64 1-1/2-yard bin Effective September 1, 2019, shall be $99.66 2-yard bin Effective September 1, 2019, shall be $129.89 4-yard bin Effective September 1, 2019, shall be $226.13 PAGE 2 OF 9  Service Level – Bins (bin size in yards) 6-yard bin Effective September 1, 2019, shall be $360.49 8-yard bin Effective September 1, 2019, shall be $452.26 Customers subject to garbage collection charges shall enroll for the desired level of service by applying to the office of the finance director in the form and manner provided by the office. Fees are payable regardless of whether or not garbage is actually set out for collection. Where no service level has been designated by the current owner it shall be assumed that service level will be at the base rate of one regular 35-gallon cart. 2. In addition to the charges set forth above there shall be assessed a fee for curbside collection of recyclable materials equal to the amounts detailed below per dwelling unit for structures containing five or fewer living units. Fees are payable regardless of whether or not recyclable materials are properly set out for collection. a. Effective April 1, 201821, the recycling cart fee shall be $5.6810.54 per month. b. Effective on April 1, 201922, and every year thereafter, increases in the recycling cart fee shall be based upon factors set out in the then-current contract for residential curbside recycling services.the recycling cart fee shall be increased at the rate of 80 percent of the percentage point change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Seattle-Tacoma-Bremerton Metropolitan Area, as prepared by the United States Department of Labor, Bureau of Labor Statistics, from February of the previous year to February of the current year. In no event shall the change in rates be less than zero percent in any given year. B. Business-Commercial (Including Five Residential Units or More). Collection fees for the collection of garbage and refuse of business and commercial establishments, including but not limited to hotels, restaurants, boardinghouses, apartment houses of five or more units, schools, garages, service stations and manufacturing establishments and other businesses, without limitations, shall be as follows: 1. A monthly fee shall be established at a base rate including Washington State refuse tax as follows: PAGE 3 OF 9 Service Level – Cart One to four carts (35 gallons each), weekly pick-up 1. Effective February 1, 2010, shall be $17.19 2. Effective January 1, 2011, shall be $18.22 3. Effective January 1, 2012, shall be $19.31 Occasional extra garbage 35 gallons extra $5.50 per pick-up 20 gallons extra $2.25 per pick-up Service Level – Bins (bin size in yards) 1-yard bin 1. Effective February 1, 2010, shall be $69.84 2. Effective January 1, 2011, shall be $74.03 3. Effective January 1, 2012, shall be $78.47 1-1/2-yard bin 1. Effective February 1, 2010, shall be $85.80 2. Effective January 1, 2011, shall be $90.95 3. Effective January 1, 2012, shall be $96.41 2-yard bin 1. Effective February 1, 2010, shall be $111.74 2. Effective January 1, 2011, shall be $118.45 3. Effective January 1, 2012, shall be $125.56 4-yard bin 1. Effective February 1, 2010, shall be $193.55 2. Effective January 1, 2011, shall be $205.16 3. Effective January 1, 2012, shall be $217.47 6-yard bin 1. Effective February 1, 2010, shall be $309.28 2. Effective January 1, 2011, shall be $327.83 3. Effective January 1, 2012, shall be $347.50 8-yard bin 1. Effective February 1, 2010, shall be $387.09 2. Effective January 1, 2011, shall be $410.32 PAGE 4 OF 9  Service Level – Bins (bin size in yards) 3. Effective January 1, 2012, shall be $434.94 Any customer using more than four cans, or where garbage is not adequately contained, may, at the discretion of the solid waste utility supervisor, be required to utilize a bin for garbage disposal and shall be charged at the commercial rate set forth above. This fee shall entitle a customer to one collection per week and for bins shall be considered the minimum monthly charge. An additional fee for collection in excess of one time per week shall be charged at the following rates: Bin Size (Yards) Charge per Collection 1-yard 25% of the monthly service fee 1-1/2-yard 25% of the monthly service fee 2-yard 25% of the monthly service fee 4-yard 25% of the monthly service fee 6-yard 25% of the monthly service fee 8-yard 25% of the monthly service fee 2. For business-commercial establishments served by city-owned 20-yard or 30- yard bins, the following base monthly fees including Washington State refuse tax, plus actual tipping fees charged to the city by the disposal site, will apply and entitle the customer to one collection per month. Bin Size Rental Fee Haul Fee 10- and 20-Yard 1. Effective February 1, 2010, shall be $61.96 $155.19 2. Effective January 1, 2011, shall be $65.68 $164.50 3. Effective January 1, 2012, shall be $69.62 $174.37 30-Yard 1. Effective February 1, 2010, shall be $77.26 $155.19 2. Effective January 1, 2011, shall be $81.90 $164.50 3. Effective January 1, 2012, shall be $86.81 $174.37 PAGE 5 OF 9  An additional fee for hauls in excess of one time per month shall be charged at the rate detailed below including Washington State refuse tax plus the actual tipping fee charged to the city by the disposal site for each haul. a. Effective February 1, 2010, the rate shall be $155.19. b. Effective January 1, 2011, the rate shall be $164.50. c. Effective January 1, 2012, the rate shall be $174.37. 3. For business-commercial establishments serviced by compacted bins, fees shall be at the rate detailed below including Washington State refuse tax plus the actual fees charged to the city for disposal at the disposal site per each haul. a. Effective February 1, 2010, the rate shall be $155.19. b. Effective January 1, 2011, the rate shall be $164.50. c. Effective January 1, 2012, the rate shall be $174.37. 4. Except as provided for compacted bins in subsection (B)(3) of this section, business-commercial establishments using trash compactors or in some manner providing compacted wastes shall be required to use 20- or 30-yard bins and shall be charged at the rates provided in subsection (B)(2) of this section. C. Temporary Bins. Subject to availability, the city may provide bins to customers on a temporary basis such as for individual cleanup projects. The fee for such service shall be $15.00 for delivery of one- to eight-yard bins plus $3.00 for each day the bin is in the possession of the customer, or $25.00 for delivery of 10-, 20- and 30-yard bins plus $4.00 for each day the bin is in the possession of the customer, and in each case there shall be an additional fee for each collection of such bin including Washington State refuse tax as follows: Amount Charged per Bin Size (Yards) Collection 1-Yard 1. Effective February 1, 2010, shall be $17.46 2. Effective January 1, 2011, shall be $18.51 3. Effective January 1, 2012, shall be $19.62 1-1/2-Yard 1. Effective February 1, 2010, shall be $21.45 2. Effective January 1, 2011, shall be $22.74 3. Effective January 1, 2012, shall be $24.10 PAGE 6 OF 9  Amount Charged per Bin Size (Yards) Collection 2-Yard 1. Effective February 1, 2010, shall be $27.93 2. Effective January 1, 2011, shall be $29.61 3. Effective January 1, 2012, shall be $31.39 4-Yard 1. Effective February 1, 2010, shall be $48.39 2. Effective January 1, 2011, shall be $51.29 3. Effective January 1, 2012, shall be $54.37 6-Yard 1. Effective February 1, 2010, shall be $77.32 2. Effective January 1, 2011, shall be $81.96 3. Effective January 1, 2012, shall be $86.88 8-Yard 1. Effective February 1, 2010, shall be $96.77 2. Effective January 1, 2011, shall be $102.58 3. Effective January 1, 2012, shall be $108.73 10-, 20- and 30-Yard Bins 1. Effective February 1, 2010, shall be $155.19 plus actual charges charged to city by dumpsite 2. Effective January 1, 2011, shall be $164.50 plus actual charges charged to city by dumpsite 3. Effective January 1, 2012, shall be $174.37 plus actual charges charged to city by dumpsite D. Recognizing the constant increase in costs of maintenance and operation of the garbage service facilities of the city, the mayor shall be and is specifically granted the power and authority to increase the charges for garbage collection services to business-commercial customers an additional 50 percent through administrative order. This authority shall be considered to be a part of the currently established fees and may be exercised by the mayor without the necessity of additional public hearings or legislative action. No charges in excess thereof shall be made except by specific consent and approval of the city council. PAGE 7 OF 9 E. Any person who qualifies for exemption from all excess property taxes pursuant to the terms of RCW 84.36.381 shall be entitled to a 50 percent reduction of the 20- gallon cart rate, if applicable, or a 25 percent reduction of the 35-gallon cart rate, if applicable, for the garbage and refuse collection fees associated with the resident to which the property tax exemption of RCW 84.36.381 applies; provided, however, that no person shall be entitled to such reduction without first providing proof satisfactory to the city finance director that they are currently entitled to the property tax exemption. Such proof may consist of documents or copies of documents from the county assessor’s office showing that the applicant meets the necessary qualifications set forth in RCW 84.36.381. The fee reduction shall be granted for 12 months from the date the person shows proof that they are entitled to such reduction and may be renewed on an annual basis by again showing proof that the person is still entitled pursuant to the terms of this subsection. Such reduction in rates shall not be applicable to that portion of the fees in subsection A of this section that are charged for recycling collection. F. There shall be no credit given for fees charged to residences or other buildings on the basis that such residence or building is, has been, or may be vacant. Exemptions for service charges may be granted with prior notice for a minimum period of two months on the basis that such residence or building will be vacant. No credit will be granted for after-the-fact notification. G. Should there be needed or desired additional services than as provided by the normal routine pick-up schedules of the solid waste utility or should there be any request for the cleaning up and removal of brush, weeds, rubbish or debris, or for bulk collection of garbage and refuse, or should there be a need for unclassified and miscellaneous service or collection needs, all fees for such special service shall be fixed and determined in advance through the city solid waste utility supervisor and request therefor shall be made at such office prior to the furnishing of any collection service as outlined above. The city solid waste utility supervisor is authorized to establish reasonable fees for such services which shall be sufficient to recover the cost of providing the service, including labor, equipment and administrative costs. Fees for collection of extra garbage shall as nearly as possible follow the rates established for routine collection, and shall be $5.50 per extra can, and $2.25 per extra one-half cans. H. “Extra bags/cans” shall refer to any bag or can placed out for collection in excess of that for which the customer is currently enrolled. I. Yard Waste Punchcard. The fee for yard waste disposal service shall be as follows: 1. For brush (for purposes of this section, any yard waste material which must be chipped prior to disposal, such as branches, etc.): a. A minimum charge of $1.00; b. For loads in excess of one cubic yard, up to $2.00; PAGE 8 OF 9  c. For loads in excess of two cubic yards, up to $3.00; d. For loads in excess of five cubic yards, up to $6.00. 2. For compost materials (for purposes of this section, any yard waste materials which do not need to be chipped prior to disposal, such as grass, leaves, fruits, vegetables, etc.): a. A minimum charge of $1.00 per two 35-gallon cans, or the equivalent if in bags. The fee for yard waste disposal must be prepaid through the purchase of a punchcard. Punchcards shall be available for purchase at either the City Yard Waste Facility, 409 W Fir Street, or at City Hall, 910 Cleveland Avenue, in the finance department, during normal business hours. Each punchcard shall entitle the bearer to yard waste disposal service in the amount of $5.00, $10.00, or $20.00. SECTION THREE. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance SECTION FOUR. Savings Clause. All previous ordinances which may be repealed in part or their entirety by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION FIVE. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED AND ADOPTED this _____ day of _____________, 2021. SIGNED AND APPROVED this _____ day of _____________, 2021. Doug Volesky, Finance Director Approved as to form: Jill Boudreau, Mayor Kevin Rogerson, City Attorney Published _________________________ PAGE 9 OF 9  AGENDA ITEM: I DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RESOLUTION APPROVING CHANGE IN CONTROL OF FRANCHISE RECOMMENDED ACTION: Approval of resolution. INTRODUCTION/BACKGROUND: Astound Broadband, LLC dba Wave has a nonexclusive franchise with the City to construct, maintain, operate, replace, and repair a telecommunications network in certain public ways of the City as set forth in Ordinance 3717. Astound Broadband, LLC is controlled and operated by Radiate Holdings, L.P. which is a subsidiary of the TPG Capital Group. Stonepeak Infrastructure Partners, a private equity firm, has entered into an agreement to acquire Radiate Holdings L.P. which will result in a change in the indirect but working control of the Franchisee. The City has received a request on behalf of Stonepeak Infrastructure Partners to consent to Change of Control in accordance with the terms of the Franchise providing with such request information relating to the acquisition. In the materials submitted, it has been represented by Stonepeak that upon the acquisition: i) the Franchise shall continue to be held by the same legal entity and the same company that manages the telecommunication system; and ii) there are no current plans to changes local operations or structure of the operations or services offered through the Franchise. According to F.C.C. filings by Stonepeak for consent to transfer control of Astound Broadband, LLC (as well as a number of other telecommunication entities) upon the acquisition, Astound Broadband intends to continue to provide the service at the same rates, terms, and conditions contained in their existing customer contracts and will continue to be served under their existing authorizations as well as under existing tariffs and contracts. Stonepeak has represented to the FCC that there is no anticipated result in service disruption, contract termination or confusion and that Broadband, LLC will continue to operate under the direction of their current management team. Per the FCC filing, “It is anticipated that the only material change resulting from the Proposed Transaction will be that the Authority Holders [Broadband LLC] will be controlled by Transferee [Stonepeak] rather than TPG Advisors. Stonepeak manages over $29.2 billion of capital for its investors pursuant to FCC filings. FINDINGS/CONCLUSIONS: Stonepeak is eligible under the terms of the Franchise with the City for a change in control request. RECOMMENDATION: Approval of the resolution consenting to a change in control. ATTACHED: Resolution, request letter with copy of FCC filing.  AGENDA ITEM: J DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: APPROVAL OF ENGAGEMENT WITH CASCADIA LAW GROUP RECOMMENDED ACTION: Motion to approve engagement agreement. INTRODUCTION/BACKGROUND: The Office of the City Attorney has requested to engage Cascadia Law Group to provide the City legal counseling and representation involving certain environmental regulatory matters set forth in the attached engagement agreement. Also included is a limited waiver of potential conflicts so long as necessary and required partitioning of attorneys is employed. FINDINGS/CONCLUSIONS: That approval of the engagement agreement is within the best interests of the City. RECOMMENDATION: Authorize the Mayor to enter into the engagement agreement. ATTACHED: Engagement proposal dated March 11, 2021.  AGENDA ITEM: K DATE: March 24, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: APPROVAL OF ENGAGEMENT WITH KEATING BUCKLIN AND MCCORMACK RECOMMENDED ACTION: Motion to approve engagement agreement INTRODUCTION/BACKGROUND: The Office of the City Attorney has requested to engage Keating, Bucklin & McCormack to provide legal counseling and representation to City Planning Staff regarding certain specific land use matters set forth in the attached engagement agreement. FINDINGS/CONCLUSIONS: That approval of the engagement agreement is within the best interests of the City. RECOMMENDATION: Authorize the Mayor to enter into the engagement agreement. ATTACHED: Engagement proposal dated March 18, 2021.