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City Council

Regular Meeting

Mount Vernon, WA · April 14, 2021

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Minutes

City of Mount Vernon City Council Meeting Minutes April 14, 2021 Mayor Boudreau called the meeting to order at 7:00 p.m. Present: Councilmembers Beaton, Brocksmith, Carías, Hudson, Hulst, Molenaar and Morales Staff Present: City Attorney Rogerson, Finance Director Volesky, Public Works Director Bell, Police Chief Cammock, Fire Chief Brice, Human Resources Director Keator, Parks and Enrichment Services Director Berner, Project Development Manager Donovan, Library Director Huffman, Solid Waste Manager Hanson and Capital Programs Manager Bullock Citizens Present: 16 CONSENT AGENDA A. Approval of March 24, 2021 Regular Council Meeting Minutes B. Approval of April 5, 2021 payroll checks numbered 110639 – 110659, direct deposit checks numbers 81583 – 81809, and wire transfers numbered 960 – 964 in the amount of $1,077,901.13 C. Approval of April 14, 2021 Claims numbered 13205 – 13207, 13218 – 13220 and 13223 - 13493 in the amount of $1,639,810.95 Councilmember Hulst moved to approve Consent Agenda Items A-C. Motion seconded by Councilmember Beaton. Motion carried 7-0. REPORTS A. Public Works and Library – see committee minutes for details B. Public comment sent via email to council@mountvernonwa.gov was read aloud by Mr. Donovan: • Carolyn Katz, Mount Vernon resident, addressed the curbside recycling rate increase. The following citizens were present to address Council: • Katrina Ross, Mount Vernon resident, supports fireworks in the City limits. • Mark Hanslik, Public Utility District No. 1 of Skagit County employee, supports the Interlocal agreement with the Mount Vernon School District Mount Vernon City Council April 14, 2021 Page 2 of 5 for access to library materials. Mr. Hanslik also thanked Mr. Bell and Mr. Bullock for their work on the Interlocal agreement being presented this evening. • Michael Boss, Mount Vernon resident, asked Council to issue a proclamation or statement on April 22, 2021 naming the Tulip Poplar tree that is located at the corner of Snoqualmie Street and Cleveland Avenue after recently deceased Mount Vernon resident and Well’s Nursery owner, Neil Hall. C. Councilmember Comments • Councilmembers Hudson and Hulst support Mr. Boss’ suggestion. City staff will assist with contacting the property owner. D. Mayor’s Report • Mayor Boudreau provided a Skagit County vaccine update. • Mayor Boudreau provided an update of the Maddox Creek Culvert Project. E. Committee Agenda Requests • Councilmember Brocksmith requested a discussion of passing a resolution stating opposition of an exploratory copper mining permit in the Skagit headwaters. This item will be placed on the April 28, 2021 Council agenda. NEW BUSINESS A. Appointment to Library Board: Mr. Huffman requested Council approval of the appointment of Kalohi Clark to the Mount Vernon Library Board. Councilmember Hulst moved to approve the appointment of Kalohi Clark to the Mount Vernon Library Board. Motion seconded by Councilmember Morales. Motion carried 7-0. B. Approval of Interlocal Agreement with Mount Vernon School District: Mr. Huffman presented an Interlocal agreement with the Mount Vernon School District to provide library cards to all students and increased access to Library materials and services through August 31, 2022. Councilmember Carías moved to authorize the Mayor to enter into an Interlocal agreement with the Mount Vernon School District to allow increased access to Library materials and services. Motion seconded by Councilmember Morales. Motion carried 7-0. C. Approval of Amended Agreement with Taste of India: Ms. Berner presented an amendment to Agreement 3278 with Taste of India. The amendment extends the term of the rental lease for lease of property located at 420 Gates Street five years and sets a flat rate for certain utilities. Mount Vernon City Council April 14, 2021 Page 3 of 5 Councilmember Beaton moved to approve the amendment to Agreement 3278 extending the term five years and setting a flat monthly rate for certain utilities. Motion seconded by Councilmember Molenaar. Motion carried 7-0. D. CDBG-CV3 Agreement with Community Action of Skagit County: Mr. Donovan presented an agreement with Community Action of Skagit County to provide funding for motel vouchers for those in need of shelter due to COVID-19 and for the administration of the program. Councilmember Hulst moved to authorize the Mayor to enter into an agreement with Community Action of Skagit County for the COVID-19 Motel Voucher program in the amount of $130,000. Motion seconded by Councilmember Carías. Motion carried 7-0. E. Approval of Memorandum of Understanding (MOU) with Skagit Habitat for Humanity: Mr. Donovan requested approval of a MOU with Skagit Habitat for Humanity to provide $100,000 of CDBG funding to support Homeownership Assistance Activities for two eligible households in the Mount Vernon city limits. Councilmember Hudson moved to authorize the Mayor to enter into an MOU with Skagit Habitat for Humanity to provide funds to support Homeownership Assistance Activities. Motion seconded by Councilmember Beaton. Motion carried 7-0. F. Approval of Interlocal Agreement with City of Burlington: Mr. Donovan requested approval of an Interlocal agreement with the City of Burlington for the use of seventeen of Mount Vernon’s Pallet Shelters at the Skagit First Steps Facility. Councilmember Hudson moved to authorize the Mayor to enter into an Interlocal agreement with the City of Burlington for the use of Mount Vernon’s Pallet Shelters. Motion seconded by Councilmember Hulst. Motion carried 7-0. G. 2021 Reclassification of Finance and Police Positions: Mr. Volesky requested approval of two Finance Department and one Police Department position. The Assistant Finance Director will be reclassified to Financial Manager, the Records Manager to City Clerk and one Police Officer to Police Sergeant. Mount Vernon City Council April 14, 2021 Page 4 of 5 Councilmember Hulst moved to approve the position reclassifications as stated above. Motion seconded by Councilmember Morales. Motion carried 7-0. H. Approval of Interlocal Agreement with Skagit PUD: Mr. Bullock presented and Interlocal agreement with Public Utility District No. 1 of Skagit County to facilitate sharing resources and providing mutual assistance on the Fir Street Improvement Project. Councilmember Hudson moved authorize the Mayor to enter into an Interlocal agreement with Public Utility District No. 1 of Skagit County. Motion seconded by Councilmember Beaton. Motion carried 7-0. I. Set Public Hearing Date to Adopt the 2021-2026 Six-Year Transportation Improvement Program: Mr. Bullock requested that Council set April 28, 2021 as the Public Hearing date for the proposed 2021-2026 Six-Year Transportation Improvement Program. Councilmember Hudson moved to approve the 2021-2026 Six-Year Transportation Improvement Program Public Hearing Date of April 28, 2021. Motion seconded by Councilmember Molenaar. Motion carried 7-0. J. Bid Award – Solid Waste Building Addition: Mr. Bullock requested acceptance of the low bid of $129,650.84 submitted by R&R Excavating for the Solid Waste Building Addition. The 12’ x 30’ addition will extend the first floor lunchroom/meeting area. Councilmember Hulst moved to accept the bid and authorize the Mayor to enter into an agreement with R&R Excavating for the Solid Waste Building Addition in the amount of $129,650.84. Motion seconded by Councilmember Brocksmith. Motion carried 7-0. K. Approval of Agreement with Applied Research Associates, Inc.: Mr. Bullock requested approval of an agreement with Applied Research Associates, Inc. for the 2021 Pavement Evaluation of City Streets. Councilmember Hudson moved to authorize the Mayor to enter into an agreement with Applied Research Associates, Inc. for the 2021 Mount Vernon City Council April 14, 2021 Page 5 of 5 Evaluation of City Streets. Motion seconded by Councilmember Morales. Motion carried 7-0. The meeting was convened into Executive Session at 7:57 p.m. for a period of twenty-five minutes to discuss with legal counsel matters pertaining to collective bargaining. No action will be taken following the session. The meeting was adjourned at 8:22 p.m. SUBMITTED BY: Becky Jensen, Recording Clerk ATTEST: Doug Volesky, Finance Director APPROVE: Jill Boudreau, Mayor

Agenda

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA April 14, 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 24, 2021 Regular Council Meeting Minutes B. Approval of April 5, 2021 payroll checks numbered 110639 – 110659, direct deposit checks numbers 81583 – 81809, and wire transfers numbered 960 – 964 in the amount of $1,077,901.13 C. Approval of April 14, 2021 Claims numbered 13205 – 13207, 13218 – 13220 and 13223 - 13493 in the amount of $1,639,810.95 III. REPORTS A. Committees 1. Public Works and Library 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 April 14, 2021.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests Mount Vernon City Council Agenda April 14, 2021 page 2 IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Appointment to Library Board (Staff is requesting that Council approve the appointment of Kalohi Clark to the Mount Vernon Library Board.) (required action – motion) (staff contact – Isaac Huffman) B. Approval of Interlocal Agreement with Mount Vernon School District (Staff is requesting that Council authorize the Mayor to enter into an interlocal agreement with the Mount Vernon School District to allow students increased access to Library materials.) (required action – motion) (staff contact – Isaac Huffman) C. Approval of Amended Agreement with Taste of India (Staff is requesting that Council authorize the Mayor to enter into an amended agreement with Taste of India that will amend Sections 4.2 and 4.3 of the current agreement.) (required action – motion) (staff contact – Jennifer Berner) D. CDBG-CV3 Agreement with Community Action (Staff is requesting that Council authorize the Mayor to enter into an agreement with Community Action to allocate $130,000 in CDBG-CV3 funding for motel vouchers.) (required action – motion) (staff contact – Peter Donovan) E. Approval of Memorandum of Understanding (MOU) with Skagit Habitat for Humanity (Staff is requesting that Council authorize the Mayor to enter into an MOU with Skagit Habitat for Humanity for CDBG homeownership assistance funding.) (required action – motion) (staff contact – Peter Donovan) F. Approval of Interlocal Agreement with City of Burlington (Staff is requesting that Council authorize the Mayor to enter into an interlocal agreement with the City of Burlington for the use of 17 of Mount Vernon’s Pallet Shelters at the Skagit First Steps Facility.) (required action – motion) (staff contact – Peter Donovan) G. 2021 Reclassification of Finance and Police Positions (Staff is requesting Council approval for the reclassification of the Assistant Finance Director to a Financial Manager and the Records Manager to a City Clerk Position in the Finance Department and the reclassification of Police Officer to a Police Sergeant in the Police Department.) (required action – motion) (staff contact – Doug Volesky) H. Approval of Interlocal Agreement with Skagit PUD (Staff is requesting that Council authorize the Mayor to enter into an interlocal agreement with Skagit PUD to facilitate sharing resources and providing mutual assistance on projects.) (required action – motion) (staff contact – William Bullock) Mount Vernon City Council Agenda April 14, 2021 page 3 I. Set Public Hearing Date to Adopt the 2021-2026 Six-Year Transportation Improvement Program (Staff is requesting that Council set a public hearing date to adopt the 2021-2026 Six Year Transportation Improvement Program.) (required action – motion) (staff contact – William Bullock) J. Bid Award – Solid Waste Building Addition (Staff is requesting that Council award the bid for the Solid Waste Building Addition to R&R Excavating in the amount of $129,650.84 and to authorize the Mayor to enter into an agreement.) (required action - motion) (staff contact – William Bullock) K. Approval of Agreement with Applied Research Associates, Inc. (Staff is requesting that Council authorize the Mayor to enter into an agreement with Applied Research Associates, Inc. for the 2021 Pavement Evaluation of City streets.) (required action – motion) (staff contact – William Bullock) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3828 Next Resolution 992 AGENDA ITEM: A DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: NEW LIBRARY BOARD MEMBER – KALOHI CLARK RECOMMENDED ACTION: The Library Board of Directors and the Library Staff recommend the appointment of Kalohi Clark to the Library Board. INTRODUCTION/BACKGROUND: In January 2021, Katy Armagost resigned from the library board to focus on caregiving needs in her family. Kalohi Clark was recommended by the library board and the mayor to serve the remainder of her term. Kalohi is a lifelong library and book lover. His family of four regularly has 60+ books checked out to our He is also a Library Foundation and Friends donor. Kalohi brings significant board experience (including finance), deep policy experience (White House, Senior Policy Advisor 2012-15), government experience, and a love of libraries. He will be a strong advocate for the library's mission, inclusivity, board civility, and the Library Commons Project. FINDINGS/CONCLUSIONS: After a background check and attending board meetings, Kalohi looks like a good fit for the library board. RECOMMENDATION: We recommend that Kalohi Clark be appointed to the Library Board to finish Katy Armagost Term ATTACHED: Library Board Application AGENDA ITEM: B DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: INTERLOCAL AGREEMENT WITH MOUNT VERNON SCHOOL DISTRICT RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: For about a year, the Mount Vernon City Library and Mount Vernon School district worked to form a partnership to increase students’ access to eBooks, digital audiobooks, and materials by extending access to all students in the district. The goal is to link students to the essential resources they need for achieving success—in school, future careers, and daily life. All district students will now have full access to online materials/services at Mount Vernon City Library in the agreement in exchange for an administrative and access payment. This auto-enrollment system will remove a significant barrier to library access, and if all goes will increase school readiness in Mount Vernon. This program and contract are modeled off successful programs that have produced significant community benefits. FINDINGS/CONCLUSIONS: The terms in this agreement align with similar interlocal school district /library agreements while providing better access to district students. This partnership is a good investment. RECOMMENDATION: Approve ATTACHED: INTERLOCAL COOPERATIVE AGREEMENT FOR DISTRICT CARDS AGENDA ITEM: C AGENDA ITEM: D DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: CDBG-CV3 AGREEMENT WITH COMMUNITY ACTION RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The City has received HUD CDBG funding to address the impacts of the COVID-19 pandemic in the city of Mount Vernon. Community Action of Skagit County provides motel vouchers to individuals and families without shelter who are unable to utilize congregate shelter due to public safety guidelines. FINDINGS/CONCLUSIONS: The City has agreed to provide Community Action with $130,000 to support the implementation of a CDBG-funded emergency relief project that provides motel vouchers to COVID-19 impacted families and individuals. RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into an agreement with Community Action of Skagit County, in the amount of $130,000; for the provision of shelter through Community Action’s motel voucher program. ATTACHED: Draft Subrecipient Agreement with Community Action CITY OF MOUNT VERNON COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT WITH COMMUNITY ACTION OF SKAGIT COUNTY THIS AGREEMENT made and entered into by and between the City of Mount Vernon, a municipal corporation under the laws of the state of Washington (hereinafter referred to as the City) and Community Action of Skagit County, a Washington nonprofit corporation (hereafter referred to as Subrecipient.) WITNESSES THAT: WHEREAS, in the City of Mount Vernon, the COVID-19 pandemic has had adverse impacts on families and individuals with low- to moderate-income, and WHEREAS, the Subrecipient is a nonprofit corporation helping families and individuals low-income to improve their lives through education, support, and direct assistance while advocating for just and equitable communities, and WHEREAS, the United States Department of Housing and Urban Development (HUD) has offered the City a grant of Community Development Block Grant (CDBG) funding from the CARES Act to address the adverse impacts of the COVID-19 pandemic, and WHEREAS, the Subrecipient has agreed to administer and implement a CDBG emergency relief project that provides CDBG-eligible, COVID-19 families and individuals with financial assistance as allowed in the Housing and Community Development Act of 1974, as amended, and in compliance with applicable local, state and federal laws, regulations and policies for the use of CDBG funds, and WHEREAS, the City has agreed to provide the Subrecipient with one-hundred thirty thousand dollars ($130,000) to support the Subrecipient’s implementation of a CDBG-funded emergency relief project that provides assistance to COVID-19 impacted families and individuals, and WHEREAS, the City and the Subrecipient are desirous of entering into a contract to formalize their relationship. 1. Services to be Provided by the Parties: a. The Subrecipient shall complete in a satisfactory and proper manner as determined by the City the work activities described in the Scope of Work. b. The City will provide such assistance and guidance as may be required to support the objectives set forth in the Scope of Work and will provide funding for the services and activities as set forth below. 2. Scope of Work: a. Activities The Subrecipient will undertake and carry out a Motel Voucher project in a manner satisfactory to the City and consistent with any standards required as a condition of the City providing these CDBG funds. The COVID-19 emergency relief project will include the activities described in Exhibit A, attached hereto and incorporated herein and made a part hereof. The major goal of the Subrecipient’s COVID-19 emergency relief project under this Agreement will be the provision of financial assistance to CDBG-eligible households. Changes to the project’s scope of work or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Subrecipient and City. b. National Objectives The Subrecipient certifies that the activities carried out under this agreement will meet the CDBG National Objectives, as outlined below: The activities meet the CDBG National Objective to principally benefit persons with low- to moderate-income (LMI). The activity meets the limited clientele criteria by principally serving persons with LMI who request emergency relief. The Subrecipient will verify that the limited clientele criteria is met, with the Subrecipient collecting documentation of data showing the size and annual income of the household receiving a benefit, confirming that the beneficiary is LMI at the time the applicant is determined to be eligible for CDBG assistance, in compliance with CDBG regulations and guidance. Note that after a household is confirmed to be eligible for CDBG emergency relief, and begins to receive relief within 12 months, the household remains eligible for CDBG-funded assistance, whether on not the household’s income rises to exceed 80 percent of AMI. c. Activity Budgets and Potential Program Income Activity budget is outlined in Exhibit B “Proposed Project Budget” attached hereto and incorporated herein and made a part hereof. CDBG funds will be used for direct financial assistance to CDBG-eligible households and for the reimbursement of the Subrecipient’s direct costs of implementing the project. The project is not expected to produce any program income. d. Levels of Accomplishment – Goals and Performance Measures Activity goals and performance measures are outlined in Exhibit A. The number of households to be assisted is expected to be approximately forty. e. Staffing Staff assigned to listed activities will be competent to perform assigned duties. f. Performance Monitoring The City will monitor the performance of the Subrecipient against activities and performance measures as stated above, on an annual basis if not more frequently. The Subrecipient shall submit a CDBG Beneficiary and Outcomes Report to the City on a semi-annual basis. Payments will be withheld if reports are missing or incomplete. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the City, Agreement suspension or termination procedures will be initiated. g. Compliance with Federal Regulations Administration of program and activities are subject to federal HUD regulations as described in Exhibit C, attached hereto and incorporated herein and made a part hereof. 3. Time of Performance: All activities described under the Scope of Work shall be conducted over the course of the current Year, beginning with a written notice to proceed from the City to the Subrecipient and ending on or before December 31, 2021. A written six-month extension to this ending date may be obtained from the City. 4. Consideration: The City shall contribute one hundred thirty thousand dollars ($130,000.00) to accomplish the scope of work as detailed in Exhibit A. As allowed by CDBG regulations and guidance, the CDBG funds may be used to: a) Provide direct financial assistance and emergency relief for CDBG-eligible households, not to exceed a total of one-hundred seventeen thousand dollars ($117,000). b) Provide reimbursement to the Subrecipient for the direct costs of implementing the project, not to exceed ten thousand dollars ($13,000) 5. Administration The Subrecipient shall appoint a liaison who shall be responsible for the Subrecipient’s overall administration of the CDBG-funded activities and the overall coordination with the City. The Subrecipient shall also designate one or more representatives who shall be authorized to sign invoices. The names of the liaison and representatives shall be specified by letter to the City. 6. Payments with CDBG Funds a) The City shall use CDBG funds only for the activities specified in attached Exhibit A, and only after adequate documentation provided to the City by the Subrecipient. b) Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21. c) The City will make a timely payment to the Subrecipient after said payment request is received and approved by City personnel. d) The Subrecipient shall submit a CDBG Beneficiary and Outcomes Report to the City on a semi-annual basis. Payments will be withheld if reports are missing or incomplete. 7. Relationship: The City and Subrecipient intend that an independent contractual relationship be created by this contract. Subrecipient is not considered to be an employee of the City for any purpose, and neither the Subrecipient nor any employee of the Subrecipient shall be entitled to any of the benefits the City provides for the City’s employees, including but not limited to health insurance, sick or annual leave, or worker’s compensation. Subrecipient specifically represents and stipulates that the Subrecipient is engaged in the business of providing the services set forth in this contract, and that Subrecipient is fully registered and legally authorized to conduct such business, and pays all necessary taxes and assessments levied against such business. 8. Suspension, Termination, and Close Out: If the Subrecipient fails to comply with the terms and conditions of this contract, the City may pursue such remedies as are legally available, including, but not limited to, the suspension or termination of this contract. 9. Changes, Amendments, Modifications: The City may, from time to time, require changes or modifications in the Scope of Work to be performed hereunder. Such changes, including any decrease or increase in the amount of compensation therefore, which are mutually agreed upon by the City and the Subrecipient shall be incorporated in written amendments to this contract. 10. Assignability: The Subrecipient shall not assign any interest on this contract, and shall not transfer any interest on the contract (whether by assignment or novation), without prior written consent of the City. 11. Reports and Information: The Subrecipient, at such time as and in such form as the City may require, shall furnish the City such periodic reports and information as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. 12. Insurance: Prior to commencing work, Subrecipient shall procure and maintain at Subrecipient’s own cost and expense for the duration of the Agreement the following insurance placed with insurers against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services hereunder by the Subrecipient, its agents, representatives, employees or subcontractors. Subrecipient shall maintain limits no less than: Commercial General Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, and two million dollars ($2,000,000) aggregate. Coverage shall be on an “occurrence” basis. The City of Mount Vernon shall be named, by endorsement, as an additional insured on the Subrecipient’s insurance policy as respects this contract. Such insurance as carried by the Subrecipient is primary over insurance carried by the City. Comprehensive Automobile Liability Insurance: One million dollars ($1,000,000) combined single limit per accident for bodily injury/property damage. Evidence of Subrecipient’s Insurance shall be presented to the City prior to the execution of the agreement. In the event of non-renewal, cancellation, or material change in coverage, thirty (30) days written notice will be furnished to the City prior to the date of cancellation, non-renewal or change. 13. Compliance with Local Laws: The Subrecipient shall comply with all applicable laws, ordinances, and codes of the state and local government and the Subrecipient shall hold and save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this contract. 14. Audits and Inspections: The City or their delegates shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of the contract by whatever legal and reasonable means are deemed expedient by the City. 15. Hold Harmless: The Subrecipient agrees to indemnify and hold harmless the City, its appointed and elective officers and employees, from and against all loss and expense, including attorney’s fees and costs by reason of any and all claims and demands upon the City, its elected and appointed officers and employees from damages sustained by any person or persons, arising out of or in consequence of the Subrecipient’s and its agents’ negligent performance of work associated with this agreement. This agreement contains all terms and conditions agreed to by the City and the Subrecipient. IN WITNESS WHEREOF, the City and the Subrecipient have executed this agreement as of the date and year last written below: CITY OF MOUNT VERNON COMMUNITY ACTION OF SKAGIT COUNTY _________________________________ __________________________ Jill Boudreau, Mayor Bill Henkel, Executive Director Date: ______________________ Date: ______________________ Attest: __________________________ Doug Volesky, Finance Director Approved as to form: ____________________________ Kevin Rogerson, City Attorney EXHIBIT A Scope of Work Project-Specific Scope A. Provide Motel vouchers for homeless individuals and households that are increased risk of severe illness from COVID-19 (per CDC guidance) B. Provide Updates, every two weeks, as to the funds spent and balance remaining C. Distribute and facilitate execution of the Shelter Placement rules to homeless households; following up as needed D. Work with the households in violation of shelter stay guidelines, to resolve the issue in an attempt to preserve their stay and remain sheltered E. Collaboratively create individualized Housing Stability Goals; Identifying resources for long-term stays or permanent housing Exhibit B Proposed Project Budget Direct financial assistance on behalf of households $117,000.00 Subrecipient direct expenses for implementation $ 13,000.00 Total budget and compensation not to exceed $130,000.00 AGENDA ITEM: E DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: CDBG AGREEMENT WITH SKAGIT HABITAT FOR HUMANITY RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: In its 2020-21 CDBG Action Plan, the City funded $100,000 to support Homeownership Assistance Activities in cooperation with eligible low and moderate income individuals, families, and households. FINDINGS/CONCLUSIONS: The proposed Memorandum of Understanding between Skagit Habitat and the City of Mount Vernon is intended to provide homeownership assistance to two households within Mount Vernon city limits. RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into this agreement with Skagit Habitat for Humanity, to carry out the homeownership assistance plan set forth in the City’s approved 2020-21 CDBG Action Plan ATTACHED: Draft Memorandum of Understanding with Skagit Habitat for Humanity MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MOUNT VERNON AND SKAGIT HABITAT FOR HUMANITY WHEREAS, City of Mount Vernon, hereafter referred to as “City” and Skagit Habitat for Humanity hereafter referred to as “Organization”, seek to utilize affordable housing assistance through the City’s Community Development Block Grant (CDBG) eligible Homeownership Assistance Project as funded by the United States Department of Housing and Urban Development (HUD); and WHEREAS, City and the Organization are mutually invested in securing CDBG homeownership assistance for local people in need of homeownership assistance; and WHEREAS, through its 2020-2021 CDBG Action Plan, the City funded $100,000 to support Homeownership Assistance (HOA) Activities in cooperation with eligible low- and moderate-income (LMI) individuals, families and households, City and the Organization agree to perform the below responsibilities necessary to meet CDBG requirements. The term of this agreement will be from date of execution of this agreement until the Homeownership Assistance Project funds are fully expended. 1. City of Mount Vernon Responsibilities City of Mount Vernon is administrating the CDBG-funded Homeownership Assistance Project. City will fund such assistance in the form of CDBG homeownership assistance provided directly by check submitted to eligible homebuyers’ escrow accounts. Such assistance is contingent upon the availability of CDBG funding and will cease when the grant is fully expended. Funds will be used solely to provide assistance to persons of low-income to moderate income by using such assistance to finance the acquisition by low-income to moderate- income homebuyers of homes that are occupied by the homebuyers. City will compile an Environmental Review Record as required by the HUD CDBG program prior to the close of escrow that uses CDBG HOA for property purchase. 2. Organization Responsibilities The Organization will:  Recruit income-eligible potential homebuyers, provide first-time homebuyer education workshops to prepare income-eligible households for homeownership, verify income and credit worthiness, help homebuyers secure affordable mortgages, and prepare homebuyers for the homebuying process. CDBG-eligible households must prove to be “low-income to moderate-income”, meaning they have an income at 80% or less of area median household income (AMI) adjusted for household size, using the AMI limits published annually by the HUD. The Organization will collect and retain appropriate income documentation, calculate the household income, and ensure household income does not exceed the current income limits. Suitable documents for determining income eligibility include: o Verification of employment o Third party verification of other income sources o Income declaration statement o Copies of most recent wage statements or salary earnings statement o Subsidy checks  Secure “mortgage gap financing” and “community investment” options that will be combined with CDBG funds to close the gap between homebuyer’s mortgage plus downpayment and the total cost of acquiring a home. Ideally, at start of ownership, the homeowners’ affordable monthly housing costs are at or less than 33 percent of gross income per month. (Definition of Mortgage Gap Financing or Community Investment can include other homeownership assistance, including donated property, bargain sales, Home$tart Savings and other Federal Home Loan Bank programs, deferred loans, grants and recoverable grants and/or other appropriate financing. All can be used in LMI homeownership assistance programs in Washington State.)  Identify project-eligible properties which must be located inside the city limits of Mount Vernon.  Assure that homebuyer select homes that fit the project’s site selection criteria, arrange for thorough inspection to determine what, if any, repairs and rehabilitation the home may require, and negotiate with the seller to complete some or all repairs, and/or arrange with a contractor to complete any necessary repair. Homes must meet standards of decent, safe, sanitary homes in good repair. At a minimum, the home must meet all applicable State and local housing quality standards and code requirements as confirmed by a home inspection report.  Assure the recording of the Organization’s standard community land trust (CLT) ground lease agreement to protect the property’s affordability long- term using a standard Organization ground lease if CLT-owned land is involved, or in the case of a CLT condominium home, using a standard Condominium Affordability Covenant.  Provide City with completed Homeownership Assistance Request including required paperwork completely documenting the Homebuyer’s and property’s eligibility for the Homeownership Assistance Project.  Provide documentation of the requirements listed above must be provided to the City prior to City’s submission of funding to escrow. Adequate documentation must be provided by the Organization in order for assistance to be provided by City.  Provide additional documentation following successful home sale demonstrating the sale was completed.  In the case that a sale is not completed, immediately notify the City so it may retrieve the funding submitted to the title company holding the escrow.  Provide City with initial HOA Beneficiary info estimates and semi-annual CDBG Beneficiary Reporting forms with beneficiary info and placement status.  Organization certifies, by signing this agreement, that neither it nor its principals nor any sub-contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Organization shall provide immediate written notice to the City if at any time it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.  The Organization agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. Organization’s insurance shall be primary. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of Organization’s insurance and shall not contribute to it. This agreement contains all terms and conditions agreed to by the City and the Organization. IN WITNESS WHEREOF, the City and the Organization have executed this agreement as of the date and year last written below: CITY OF MOUNT VERNON SKAGIT HABITAT FOR HUMANITY _________________________________ ______________________ Jill Boudreau, Mayor Title: ______________________ Date:______________________ Date:______________________ Attest: ____________________________ Doug Volesky, Finance Director Approved as to form: ____________________________ Kevin Rogerson, City Attorney AGENDA ITEM: F DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: INTERLOCAL AGREEMENT WITH CITY OF BURLINGTON RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The City of Mount Vernon is using federal CDBG-CV3 funds to purchase 17 fully equipped 64 sq. ft. pallet shelters. The City of Burlington is preparing City-owned property to host the Skagit First Steps program—a facility which will house small individual shelters, as well as services for individuals experiencing homelessness. FINDINGS/CONCLUSIONS: The City of Mount Vernon would like to support the Skagit First Steps program by lending the City of Burlington all 17 of its recently purchased pallet shelters. The proposed agreement allows Burlington to use Mount Vernon’s shelters at no cost, for 3 years (with automatic one-year renewals to follow the 3- year term). RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into this interlocal agreement with the City of Burlington for the use of Mount Vernon’s pallet shelters at the Skagit First Steps shelter site. ATTACHED: Draft Interlocal Agreement with the City of Burlington INTERLOCAL AGREEMENT BETWEEN THE CITY OF MOUNT VERNON AND THE CITY OF BURLINGTON THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF MOUNT VERNON (herein "MV") and the City of Burlington (herein "Burlington”). MV and Burlington may be individually referred to herein as a "Party" and may be collectively referred to herein as the “Parties.” PURPOSE: MV and Burlington desire to use their authority, including but not limited to their emergency powers for purposes of providing support to the poor and infirm in Skagit County to address emergency shelter needs for homeless, unsheltered county residents during the ongoing COVID health emergency. In response to current emergency needs, Burlington has obtained funding from several sources sufficient to establish a temporary emergency housing site, Skagit First Step Center, at 465 Pease Road, Burlington, WA. Burlington intends to purchase “Pallet Shelters” manufactured by Pallet, a Washington social purpose corporation (SPC), for use as temporary shelters. Burlington further intends that the temporary housing site will be managed by Friendship House, a local nonprofit agency with experience operating emergency shelters and developing action plans to help residence find employment and stable housing. MV proposes to assist Burlington by purchasing additional models of similar Pallet Shelters manufactured by Pallet SPC and loaning them to Burlington for use at Skagit First Step Center. AUTHORITY: MV and Burlington, Washington general purpose municipal corporations, are each authorized by the Washington State Constitution and state laws, including but not limited to the Interlocal Cooperation Act set forth in chapter 39.34 RCW, to enter into contracts that make the most efficient use of their powers by cooperating with other localities on a basis of mutual advantage to provide service and facilities in a manner that accords best with geographic, economic, population and other factors influencing the needs and development of each community. MV’S RESPONSIBILITIES: 1. MV will purchase seventeen Pallet Shelters from Pallet SPC and have them delivered to a location selected by Burlington for the purposes described above, thereby transferring possession and use of, but not title to, the shelters to Burlington for the purposes set forth in this Agreement. 2. The Pallet Shelters shall be 64 square foot models with the following accessories and services: a. ½ inch insulation; b. 110 v. electrical power kit; c. Wall heater; d. Custom fit mattress pad; e. Folding bunk bed/desk; and f. Assembly services. 3. MV will act with reasonable promptness and in good faith to transfer possession of the Pallet Shelters to Burlington for use at Skagit First Step Center. 4. Upon notice that any Pallet Shelter has become unusable for its intended purpose, MV will direct Burlington to dispose of the shelter, at Burlington’s expense, or will promptly arrange to recover the shelter and provide any necessary transport. 5. To the extent possible and as allowed under the terms of the manufacturer’s warranty provided by Pallet SPC, MV agrees to assist Burlington in efforts to make a warranty claim should Burlington not be able to deal directly with Pallet SPC in such matters. BURLINGTON’S RESPONSIBILITIES: 1. Burlington will designate the delivery site for the Pallet Shelters. 2. Upon delivery, Burlington agrees to bear all risk of loss and damage to the Pallet Shelters and to arrange for assembly services. Further, Burlington agrees to release any claims it may have against MV and its officers and employees regarding delivery of the shelters and any claims or causes of action existing or thereafter created or enacted arising from Burlington’s use of the shelters. 3. Burlington agrees that the Pallet Shelters will only be utilized for their intended purpose of providing emergency homeless shelter or for use as temporary homeless shelter consistent with the purposes and terms of this Agreement. 4. Burlington understands that MV makes no representations or warranties as to the condition of the shelters or their fitness for a particular purpose, collectively or individually, whatsoever, and further agrees to seek any relief or remedy for damage to or condition of the Pallet Shelters that may be covered by a manufacturer’s warranty from Pallet SPC. 5. Burlington agrees that it will be responsible coordinating assembly services with Pallet SPC and for all necessary maintenance, repair, and cleaning. 6. Burlington will promptly notify MV should any Pallet Shelter become unsuitable for use as a shelter due to damage, wear and tear, or other reason and agrees to abide by MV’s direction to dispose of the unsuitable shelter at Burlington’s expense or allow MV to recover the shelter. 7. Upon termination of this Agreement, Burlington agrees to abide by MV’s direction to dispose of the provided shelters at Burlington’s expense or to cooperate with MV to make arrangements to timely recover the shelters. TERM OF AGREEMENT: The term of this Agreement shall be for a period of three years following the date on which the Parties complete execution of this Agreement, unless sooner terminated pursuant to the terms herein. Thereafter, this Agreement will automatically extend for up to seven additional terms of one year each, unless one Party provides notice to the other Party of its intent to withdraw from the Agreement no later than sixty days prior to the end of the then-current term. MANNER OF FINANCING: MV shall pay for the shelters provided to Burlington, which cost will include the services and accessories described above. Burlington will be responsible for any other funds required to maintain, repair, or upgrade the shelters through the term of this Agreement. ADMINISTRATION: The following persons are designated as representatives of the respective Parties and as the persons to be notified when required under this Agreement. The representatives shall be responsible for administration of this agreement and for coordinating and monitoring performance with the conditions under this Agreement. In the event such representative are changed, the Party making the change shall notify the other Party. MV’s representative shall be: Peter Donovan Project Development Manager 910 Cleveland Avenue Mount Vernon, WA 98273 peterd@mountvernonwa.gov Burlington’s representative shall be: Greg Young City Administrator 833 S. Spruce Street Burlington, WA 98233 gregy@burlingtonwa.gov TREATMENT OF ASSETS AND PROPERTY: The Pallet Shelters purchased by MV remain the property of MV; however, they shall be loaned to Burlington, which shall have the right to use the shelters for their intended purpose during the term of this Agreement. The shelters shall remain MV’s property unless MV authorizes transfer of ownership or disposal. NO PARTNERSHIP OR JOINT VENTURE: No partnership and/or joint venture exists between the Parties, and no partnership and/or joint venture is created by and between the Parties by virtue of this Agreement. No agent, employee, contractor, subcontractor, consultant, volunteer, and/ or other representative of the Parties shall be deemed an agent, employee, contractor, subcontractor, consultant, volunteer, or other representative of the other Party. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to nor does it create any third party beneficiary or other rights in any third person or party, including, but not limited to, the general public, property owners and residents at or in the vicinity of the shelter’s use, any other organization or entity, any person residing in a provided shelter, or any agent, contractor, subcontractor, consultant, employee, volunteer, or other representative of any Party. INDEMNIFICATION AND HOLD HARMLESS: Burlington agrees to defend, indemnify and save harmless MV, its appointed and elective officers and its employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney' s fees and costs by reason of any and all claims and demands upon MV, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and because of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of Burlington, its subcontractors or agents, its elected officers, employees or their agents arising from the loan or use of the Pallet Shelters provided by MV, except only such injury or damage as shall have been occasioned by the sole negligence of MV, its appointed or elected officials or employees. It is further provided that no liability is intended to attach to either Party by reason of entering into this Agreement, except as expressly provided herein. Unless otherwise provided in this Agreement, in the event of any concurrent act or omission of the Parties, negligent or otherwise, these indemnity provisions shall be valid and enforceable only to the extent of each Party's comparative liability. The Parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the Parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. TERMINATION: Any Party hereto may terminate this Agreement for public convenience or upon sixty (60) days’ notice in writing either personally delivered, emailed, or mailed postage- prepaid by certified mail, return receipt requested, to the other Party’s representative. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: This Agreement may be changed, amended, or modified only by written agreement executed by the Parties hereto; however, this Agreement is not intended to preclude Burlington from relocating the Pallet Shelters provided the intended use of the shelters remains unchanged and notice of the change in location is provided to MV. Waiver of a breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. SURVIVAL OF INDEMNITY OBLIGATIONS: The Parties agree that all indemnity obligations shall survive the completion, expiration or termination of this Agreement. VENUE AND CHOICE OF LAW: In the event that the Parties should fail to amicably resolve any dispute concerning the construction or interpretation of any of the terms of this Agreement, and should any litigation arise from the dispute, the venue of such action shall be in the Skagit County Superior Court. ASSIGNMENT: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of MV. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the Parties. Any items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties thereto. EXECUTED this _____ day of ___________________, 2021. CITY OF MOUNT VERNON ___________________________________ Jill Boudreau, Mayor Mailing Address: 910 Cleveland Avenue Mount Vernon, WA 98273 Attest: ____________________________________ Doug Volesky, City Finance Director Approved as to form: ____________________________________ Kevin Rogerson, City Attorney EXECUTED this _____ day of ___________________, 2021. CITY OF BURLINGTON ___________________________________ Steve Sexton, Mayor Mailing address: 833 S Spruce Street Burlington WA 98233 Approved as to form: ____________________________________ Leif Johnson, City Attorney Approved as to Budget: ____________________________________ Joseph Stewart, Budget and Finance Director AGENDA ITEM: G DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2021 RECLASSIFICATION OF FINANCE AND POLICE POSITIONS RECOMMENDED ACTION: City staff is requesting Council approval for the reclassification of the Assistant Finance Director to a Financial Manager and the Records Manager to a City Clerk position in the Finance Department, and the reclassification of a Police Officer to a Police Sergeant in the Police Department. INTRODUCTION/BACKGROUND: The City Finance Department currently has a vacant Assistant Finance Director position that is requesting to be reclassified down to a Financial Manager position. After review of the duties and responsibilities of this position, the City believes that it would be more efficient and responsible for the department to move forward with this reclassification. The Financial Manager position would be responsible for overseeing the City’s annual financial reporting, coordinating the State audit, managing, monitoring and reporting capital funds and grants, and also supervising financial staff. The Finance Department is also requesting to reclassify the current Records Manager position to a City Clerk position. This change would better align the Finance Director to have time for more financial responsibilities. The City Clerk would be responsible for the current Records Manager responsibilities as well as handle City Council support, prepare Legal Notices and Code Publication and codification and other clerk duties. Due to a new work schedule that was negotiated in 2018/2019, the Police Department is in need for an additional Sergeant position for the Special Operations area. Special Operations spans seven different functional areas requiring a dedicated supervisor. The City is requesting to reclassify one of the current seven vacant Police Officer positions into the Police Sergeant position and would request the replacement for the Police Officer position in a future budget process. FINDINGS/CONCLUSIONS: There would be no negative impact to the 2021 General Fund budget since there would be an overall annual savings of approximately $18,000 due to these three reclassifications. RECOMMENDATION: Staff recommends Council approval of these 2021 reclassification requests for the Finance and Police Department’s positions. ATTACHED: None. AGENDA ITEM: H DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF MOUNT VERNON AND SKAGIT PUD RECOMMENDED ACTION: Authorize Mayor to execute an Interlocal Cooperative Agreement with Skagit PUD to share resources to repave the full travel lane width of Fir Street from Laventure Road to Waugh Road. INTRODUCTION/BACKGROUND: Skagit PUD has been engaged in replacing a major water line on Fir Street between Laventure Road and Apache Drive this past winter. This PUD project included the restoration/repaving the north lane of Fir. The south lane of Fir Street is also approaching the end of its lifecycle and would be prudent to rehabilitate the full width at the same time as combined PUD/City effort. FINDINGS/CONCLUSIONS: Staff has been working with Skagit PUD to expand their scope of their street restoration to include the full width of the travel lanes and extend the work form Apache Drive to Waugh Road and gain a significant economy of scale as a single project. It has been determined the best way to do this is to incorporate the Fir Street paving into the City’s 2021 Street Improvement Project; the PUD would contribute the value of their restoration scope on a reimbursable basis to the City. The Skagit PUD fair share contribution is $102,272.40. RECOMMENDATION: Staff recommends a motion to authorize the Mayor to execute an Interlocal agreement with Skagit PUD to cooperatively share resources to repave Fir Street with a fair share contribution from Skagit PUD in the amount of $102,272.40. ATTACHED: Draft City/Skagit PUD Interlocal Agreement INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF MOUNT VERNON AND PUBLIC UTILITY DISTRICT NO. 1 OF SKAGIT COUNTY THIS AGREEMENT is made and entered into this ____ day of _____________, 2021, by and between the PUBLIC UTILITY DISTRICT NO. 1 OF SKAGIT COUNTY, a Public Utility District of the State of Washington, (hereinafter referred to as the “PUD”); and the CITY OF MOUNT VERNON, a municipal corporation of the State of Washington, (hereinafter referred to as the “City”), WHEREAS the PUD pursuant to right of way permits obtained from the City, cut and provided a patch on a portion of Fir Street (generally the north side lane), between Laventure Road and Waugh Road as part of a PUD improvement project associated with their waterline infrastructure (hereinafter, the “PUD’s Project”); and WHEREAS as condition to the City’s right of way permit and pursuant to Mount Vernon Municipal Code including but not limited to MVMC 12.16.166 B, the PUD is required to re-pave one half of Fir Street that was impacted by cuts conducted by PUD as a part of PUD’s Project in a manner which meets or exceeds the City’s design standards; and WHEREAS the PUD has budgeted for such re-paving as part of the PUD’s Project; and WHEREAS the City has a 2021 Street Improvement Program which can incorporate re-paving that half of Fir Street as part of a greater plan to fully restore the entire lane of travel; and WHEREAS the parties have determined that it would be beneficial to have the City through its 2021 Street Improvement Program to fully rehabilitate this section of Fir Street as a single effort and gain an economy of scale and that PUD to satisfy its requirements contribute an agreed funding amount in lieu of performing its required Fir Street restoration obligations under the applicable right of way permit sand municipal code; and WHEREAS, the parties are each independently authorized by law to construct their respective projects and to contract with another; and WHEREAS, supplemental to each parties authority, RCW 39.34.080 authorizes a public agency to contract with another public agency to perform any governmental service, activity, or undertaking which each public agency is PUD/City of Mount Vernon Fir Street Paving Agreement Page 1 authorized to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, it is of mutual advantage to the City and the PUD to enter into this Agreement providing a mechanism to seek bids as part of the City’s Project and restore both travel lanes of Fir Street by a single contractor through the City’s public works process and the PUD pay for a fair share portion, based on the scope of the PUD’s Project. NOW, THEREFORE, in consideration of the mutual promises and obligations hereinafter set forth, the parties hereto agree as follows: 1. PURPOSE: The purpose of this contract is to provide funds to the City needed to restore a portion of the City’s right of way located at Fir Street in exchange for release of PUD’s obligation to perform the improvement. 2. RESPONSIBILITIES: 2.1 PUD. The PUD shall transfer funds in the amount of One Hundred Two Thousand Two Hundred Seventy Two and 40/1000 dollars and cents ($ 102,272.40) to the City within sixty days from the date of execution. 2.2 City. Upon receipt of the funds set forth in Section 2.1 the City releases the PUD from its obligation and claims against PUD to restore Fir Street as conditioned within right of way permits, other applicable permits and law as applied to and associated with PUD’s Project. 3. TERM OF AGREEMENT: The term of this Agreement shall be effective on the date of execution and shall terminate upon receipt of payment of funds set forth in Section 2.1. 4. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 5.1 The PUD’s representative shall be Mark Handzlik. 5.2 The City's representative shall be William Bullock. PUD/City of Mount Vernon Fir Street Paving Agreement Page 2 5. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 6. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 7. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 8. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 9. INTERPREATION AND VENUE. Washington law shall govern the interpretation of this Agreement. Skagit County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 10. SIGNING. This Agreement may be executed in counterparts. The last party executing this Agreement shall constitute the effective date. 11. CAPTIONS. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 12. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. PUD/City of Mount Vernon Fir Street Paving Agreement Page 3 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF MOUNT VERNON PUBLIC UTILITY DISTRICT NO. 1 By: ______________________ By: __________________________ Mayor Approved as to form: Approved as to form: ______________________________ City Attorney Finance Director PUD/City of Mount Vernon Fir Street Paving Agreement Page 4 AGENDA ITEM: I DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: SCHEDULE PUBLIC HEARING: ADOPTION OF THE 2021‐2026 SIX‐YEAR TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDED ACTION: Set a public hearing date for the adoption of the Mount Vernon 2021‐2026 Six‐Year Transportation Program (TIP). INTRODUCTION/BACKGROUND: State law, RCW 35.77.010, requires that each year the City adopt a six‐year Transportation Improvement Program (TIP). The TIP is designed to identify the schedule, costs, and financial plan associated with capital projects the City intends to complete during the next six years. The adopted financial plan must detail conceptual project costs and demonstrate that funding for the TIP is feasible, although it may include projections of local funds, grants, loans or other potential sources that are not yet secured. FINDINGS/CONCLUSIONS: The draft TIP will be presented for discussion, highlighting the projects slated for years 1‐3 and new projects added to the program during the latest planning cycle. Any modifications to the draft TIP will be made and brought forward in a final version for adoption at the April 28, 2021 public hearing. RECOMMENDATION: Staff recommends a motion to authorize the Mayor to direct staff to schedule a Notice for public hearing on April 28, 2021 for the consideration and adoption of the 2021‐2026 Mount Vernon Six‐Year Transportation Improvement Program. ATTACHED: 1. Public Hearing Notice 2. 2021‐2026 TIP Project List CITY OF MOUNT VERNON, WASHINGTON NOTICE OF PUBLIC HEARING 2021-2026 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM NOTICE IS HEREBY GIVEN that the City Council of the City of Mount Vernon will hold a public hearing regarding the proposed 2021-2026 Six-Year Transportation Improvement Program on April 28, 2021. The public hearing will be held at City Council Chambers, 1805 Continental Place, Mount Vernon WA, beginning at 7:00 p.m. or as soon thereafter as possible. Copies of the proposed Six-Year Transportation Improvement Program are available for review at the Public Works Department at 1024 Cleveland Ave, Mount Vernon, or by calling William Bullock at 360-336-6204. Dated this xxth day of April 2021. Doug Volesky, City Clerk Publish: Skagit Velley Herald April 16 & April 23, 2021 Mount Vernon 2021‐2026 Six Year TIP Project List T‐00‐02 City Wide ‐ Local Street Improvements $6,637,000 T‐07‐02 City Wide ‐ Signal Maintenance Program $ 270,000 T‐08‐01 City Wide ‐ Sidewalk Gap Program $ 300,000 T‐16‐01 ADA Sidewalk Transition Program $ 600,000 T‐21‐01 Library Commons Project: Regional Transportation Supporting Elements $15,000,000 T‐97‐07 Freeway Drive Improvements (Cameron Way to College Way) $2,328,000 T‐06‐05 Hoag/Laventure Intersection Improvements $1,627,000 T‐21‐02 College Way Separated Rail Crossing (Urban Ave to Leigh Way) $12,000,000 T‐21‐03 Minor Intersection Enhancements (Kincaid/15th ‐ Fulton/8th ‐ Gates/2nd) $ 68,000 T‐20‐01 Riverside Drive Improvements‐ 2 (College Way to Skagit River Bridge) $3,002,000 T‐02‐10 Fowler Trail Connection (Laventure Road to 27th Street) $ 442,000 T‐02‐24a 30th Street Improvements (College Way to Paul Place) $2,817,000 T‐19‐03 Riverside Drive Improvement ‐ 1 (Cedar Street to College Way) $3,688,000 T‐06‐07 Laventure Road Widening (Hoag Road to Sigmar Lane) $1,183,000 T‐94‐14 Fir Street Widening (30th Street to Waugh Road) $1,913,000 T‐06‐04 15th Street Sidewalk Improvements (Broad Street to Division Street ‐ Eastside) $ 310,000 T‐02‐24b 30th Street Improvements ‐ 2 (Fir Street to Manito Drive) $ 879,000 T‐02‐13 River Dike Trail System ‐ Phase 1 (Division Street to City Limits) $ 304,000 T‐03‐02 Broad Street Improvements (Blodgett Road to 12th Street) $2,405,000 T‐05‐02 Martin Road Improvements (Trumpeter Drive to McLaughlin Road) $1,604,000 T‐13‐01 Laventure/Blackburn Intersection Improvement $ 869,000 T‐94‐19 Blackburn Road Widening ‐1 (Cedar Hills Drive to Little Mtn Road) $1,093,000 T‐19‐04 Kincaid Street Corridor Improvements (3rd Street to I‐5) $10,000,000 T‐05‐09 Hickox/I‐5 Interchange Completion (Hickox & I‐5) $7,655,000 T‐07‐06 18th Street/Blackburn Intersection Improvements $1,425,000 T‐94‐21 Blackburn Road Extension (Little Mtn Road to Eaglemont Drive) $3,737,000 T‐02‐06 30th Street Extension (Blackburn Road to 27th Street end) $1,232,000 T‐17‐02 Skagit River Pedestrian Bridge (Main Street to Ball Street) $14,410,000 AGENDA ITEM: J DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. ‐ City Engineer SUBJECT: BID AWARD – SOLID WASTE BUILDING ADDITION RECOMMENDED ACTION: Staff recommends a motion authorizing the Mayor to award the construction contract for the Solid Waste Building Addition Project to R&R Excavating, of Ferndale, WA in the amount of $129,650.84. INTRODUCTION/BACKGROUND: This addition to the solid waste administration building will extend the first floor of the lunchroom/meeting area into a portion of the existing vehicle storage bay. The overall floor area of the addition is to be 12’x 30’ feet. FINDINGS/CONCLUSIONS: The size of the crew has outgrown their current general meeting area and this addition will expand the useable space into an un‐cramped area for meetings, briefings, and meals. RECOMMENDATION: Staff recommends Council award the construction bid of Solid Waste Building Addition to R&R Excavating in the amount of $129,650.84. ATTACHED: Bid Tabulation Proposed Building Drawing Solid Waste Building Addition (1) LOWEST RESPONSIVE BID Project Number: GF-2021-010 R&R Excavating APPARENT LOW Bid Tabulation 6595 Northwest Rd Bid Opening Date: Wednesday, March 31, 2021 @ Ferndale, WA 98248 Number of Bidders: 1 (360) 815-5914 Item Unit Qty Total Amount Solid Waste Building Addition LS 1 $119,274.00 WSST @ 8.7% $10,376.84 Total Bid $129,650.84 New Addition Solid Waste Office Addition Design: BB March 2021 Existing Building with New Addition Scale: None Drawn: DG Sheet 4 AGENDA ITEM: K DATE: April 14, 2021 DATE: October TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: ACCEPTANCE OF PROPOSAL FOR TS-2021-006: 2021 PAVEMENT EVALUATION RECOMMENDED ACTION: Staff recommends a motion be made by Council to authorize the Mayor to enter into an agreement with Applied Research Associates, Inc. to provide a pavement evaluation of the City’s streets. INTRODUCTION/BACKGROUND:  Pavement evaluations provide valuable information used to plan and budget for maintenance and replacement of City streets  In the most recent pavement evaluation the City hired Dynatest to provide these services. Since then Applied Research Associates acquired Dynatest, and has submitted a proposal to provide the same services with the same personnel and equipment.  In order to manage our street improvement program and monitor the results, we need periodic evaluations that are comparable with previous years. Continuing to work with the same team and methods will help us to facilitate that goal.  Upon reviewing the proposal, staff has concluded that Applied Research Associates will continue to provide the best value to the City. FINDINGS/CONCLUSIONS:  Applied Research Associates provided a proposal and cost estimate in the amount of $57,490.00, of which $9,370 is a one-time cost to update our PAVER database to conform to changes we made to our GIS data since the 2018 evaluation.  Staff has reviewed the proposal and determined that the firm is well qualified to complete the work and that the proposed cost is fair and reasonable. RECOMMENDATION: Staff recommends Council authorize the Mayor accept the proposal and enter into an agreement with Applied Research Associates, Inc., for the 2021 Pavement Evaluation in the amount of $57,490.00. ATTACHED: Proposal Project Map

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