City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA December 8, 2021, 7:00 p.m. Police Court Campus, 1805 Continental Place (Masks are required regardless of vaccination status) 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 November 10, 2021 Regular Council Meeting Minutes B. Approval of December 1, 2021 Study Session Minutes C. Approval of November 19, 2021 payroll checks numbered 111037 - 111053, direct deposit checks numbered 85081 - 85320, and wire transfers numbered 1035 - 1039 in the amount of $1,252,089.70 D. Approval of December 3, 2021 payroll checks numbered 111056 - 111076, direct deposit checks numbered 85321- 85567, and wire transfers numbered 1040 - 1044 in the amount of $1,021,960.36 E. Approval of November 23, 2021 Claims numbered 15784 - 15906 in the amount of $1,818,849.74 F. Approval of December 8, 2021 Claims numbered 15908, 15912, 15913 and 15925 - 16043 in the amount of $734,291.54 III. REPORTS A. Committees 1. Public Works and Library 2. Development Services 3. Public Safety B. Community Comments 1. Review of Emails from the Public (Public comments may be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. Please limit your comments to be read in three minutes or less. Email comments must be received by 4 p.m. on December 8, 2021.) Mount Vernon City Council Agenda December 8, 2021, Page 2 of 3 2. Public Comments (This is an opportunity for Mount Vernon residents to address their City Council. Please limit comments to three 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.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Present Wastewater Treatment Plant 2020 Outstanding Performance Award (The State Department of Ecology (DOE) has recently recognized the City’s wastewater treatment plant staff with an “Outstanding Performance Award” for perfect permit compliance during 2020.) (required action – none (staff contact – Chris Phillips) B. Public Hearing – Shoreline Master Program Update (Staff is requesting approval of an ordinance to adopt updates to the City Shoreline Master Program as required by State law.) (required action – ordinance) (staff contact – Rebecca Lowell) C. Approval of Resolution – Center Hill Development Preliminary Plat and PUD Extension (Staff is requesting approval of a resolution to provide a one-year extension to the preliminary plat and planned unit development approvals for the Center Hill Development.) (required action – resolution) (staff contact – Rebecca Lowell) D. Approval of Agreement with CSS Communications (Staff is requesting approval of an agreement with CSS Communications for fiber license and operating.) (required action – motion) (staff contact – Kim Kleppe) E. 2021 Budget Amendment (Staff is requesting approval of an ordinance to amend the 2021 Budget to account for additional revenue and expenditures.) (required action – ordinance) (staff contact – Doug Volesky) F. Approval of Agreement with Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County for the provision of Senior Services for the year 2022 ) (required action – motion) (staff contact – Doug Volesky) G. Approval of Agreement with Modern Cleaners Staff is requesting approval of a bid award and agreement for 2022-2023 Police and Fire Dry Cleaning and Laundry with Modern Cleaners.) (required action – motion) (staff contact – Doug Volesky) H. Approval of Agreement with Skagit Publishing (Staff is requesting approval of a bid award and agreement for 2022-2023 legal publishing with Skagit Publishing.) (required action – motion) (staff contact – Doug Volesky) Mount Vernon City Council Agenda December 8, 2021, Page 3 of 3 I. Approval of Agreement with Open Gov (Staff is requesting approval of an agreement with Open Gov for implementation of Enterprise Resource Planning Cloud Computing, including Human Resources and Payroll.) (required action – motion) (staff contact – Doug Volesky) J. 2022 Parks and Enrichment Services Department Fee Schedule (Staff is requesting approval of a proposed 2022 Parks and Enrichment Services Department fee schedule.) (required action – resolution) (staff contact – Jennifer Berner) K. Approval of Agreement with Skagit County, City of Anacortes, and City of Burlington (Staff is requesting approval of an agreement with Skagit County, City of Anacortes, and City of Burlington for a Washington State Department of Commerce Less Lethal Equipment grant.) (required action – motion) (staff contact – Dave Shackleton) L. Approval of Agreement with HDR Engineering (Staff is requesting approval of an agreement with HDR Engineering for design and bid support services for the influent pump station header upgrade project.) (required action – motion) (staff contact – Gary Duranceau) M. Approval of Assignment of Lease (Staff is requesting approval of an assignment of site lease by Atlas Tower, Inc. to Crown Castle Towers 06-02 LLC.) (required action – motion) (staff contact –Kevin Rogerson) N. Election of Mayor Pro Tempore (Staff is requesting the election of a mayor pro tempore to serve until the conclusion of the next general election or until a vacancy occurs.) (required action – motion) (staff contact – Kevin Rogerson) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3842 Next Resolution 1004  AGENDA ITEM: A DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Acting Public Works Director SUBJECT: 2020 OUTSTANDING PERFORMANCE AWARD FOR THE WASTEWATER TREATMENT PLANT STAFF RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: We have been informed by the Department of Ecology (DOE) representatives that the City’s wastewater treatment plant staff have received DOE’s Outstanding Performance Award for 2020 and for its achievement of eleven consecutive awards. The background and basis for the award is summarized as follows. In 1995, DOE began the awards program to recognize operators and staff of wastewater treatment plants who successfully maintained perfect NPDES (National Pollutant Discharge Elimination System) permit compliance for one year. Mount Vernon has received Outstanding Performance Awards for 1997, 2000, 2004, 2006 through 2008, and 2010 through 2020. This record of performance is especially excellent considering that many plants have never achieved one hundred percent compliance, and ten consecutive years of awards places the City staffs performance among the very best in the state. In addition to meeting discharge limits for a number of pollutants, other requirements of the discharge permit (such as sampling and testing frequencies, reporting, record keeping, and maintenance of equipment and facilities) are evaluated. DOE reviews every treatment plant’s reports and conducts on- site inspections to determine which facilities met all conditions of their permits. FINDINGS/CONCLUSIONS: The wastewater treatment plant staff have received DOE’s Outstanding Performance Award for 2020. RECOMMENDATION: The wastewater treatment plant staff does an exemplary job of operating and maintaining the treatment plant and facilities and they are deserving of this recognition. ATTACHED: None  AGENDA ITEM: B DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING ON ADOPTION OF AN UPDATED SHORELINE MASTER PROGRAM (SMP), AMENDMENTS TO THE COMPREHENSIVE PLAN AND CHAPTER 15.07 MVMC RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Ordinance adopting an update SMP, amendments to the Comprehensive Plan and Chapter 15.07 of the Mount Vernon Municipal Code. INTRODUCTION/BACKGROUND: In 2003 the Shoreline Management Act (SMA) was amended to require jurisdictions to regularly update their Shoreline Master Programs (SMPs) with the adoption a timetable for all local governments to update their SMPs. For Mount Vernon, RCW 90.58.080(2) and (4) required an update to our SMP in 2012 (the City completed this update in 2011) and then once every eight (8) years following approval by the Department of Ecology (DOE). This means the City’s update to our SMP was due in 2020; however, DOE has authorized a one-year extension for the City’s SMP update which is now due in 2021. Consistent with RCW 90.58.080(4) the City’s scope of review for the SMP update includes: • Making sure our SMP complies with applicable laws and guidelines in effect at the time of the review. • Ensuring our SMP is consistent with our comprehensive plan and development regulations adopted under chapter 36.70A RCW, and other local requirements. • Bringing our SMP into compliance with the requirements of the act that have been added or changed since the last review that occurred in 2011, and for responding to changes in guidelines adopted by DOE. • Incorporating amendments to reflect changed circumstances, new information, and improved data. FINDINGS/CONCLUSIONS: The draft Ordinance provided for Council’s consideration with its associated exhibits contains the findings of fact and conclusions of law staff is asking Council to adopt. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Ordinance adopting an updated SMP, updates to the City’ ATTACHED: • Proposed Ordinance and its associated Exhibits that include: o Exhibit 1, Planning Commission’s Findings of Fact, Conclusions of Law and Recommendation to the City Council o Exhibit 2, Proposed Update to the SMP and the re-numbered Comprehensive Plan Goals o Exhibit 3, Planning Commission’s Staff Report and its associated Exhibits o Exhibit 4, City Council Memo and other materials entered into the Record on 12/08/2021  AGENDA ITEM: C DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: EXTENSION OF PRELIMINARY PLAT AND PUD APPROVALS FOR THE CENTER HILL DEVELOPMENT RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution providing a one-year preliminary plat and planned unit development (PUD) extension to the Center Hill development. INTRODUCTION/BACKGROUND: The Center Hill development received preliminary plat and PUD approvals in September of 2016 via Resolution 918 and consists of 20 single-family residential lots over approximately 11.3 acres. Following is a vicinity map identifying the location of the Center Hill Development. New owners purchased the Center Hill development and are seeking a one-year extension to the preliminary plat and PUD approvals that would otherwise have expired on September 28, 2021. CENTER VILLAGE SITE N FINDINGS/CONCLUSIONS: • An application requesting a one-year extension to the preliminary plat and preliminary PUD approvals granted through Resolution 918 was deemed counter complete by the Development Services Department on September 17, 2021. • Unless a preliminary plat and PUD extension is granted, the preliminary plat and PUD approvals for the Center Hill development will have expired on September 28, 2021. • MVMC 16.08.060(B) and 17.69.210 allows applicants to request a one-time, one-year extension, to preliminary plat approvals so long as such request is received before the preliminary plat and PUD expires and upon showing they have attempted in good faith to submit the final plat and PUD within the otherwise required timeframe. • The applicant submitted the one-year preliminary plat and PUD extension request before the preliminary plat and PUD expired. Additionally, the applicant submitted statements regarding their good faith effort to submit the final plat and PUD within the otherwise required timeframe. • Should Council approve the accompanying proposed Resolution, the expiration date for the preliminary plat and PUD for the Center Hill Development will be extended from September 28, 2021 to September 28, 2022. This means the preliminary plat and preliminary PUD for the Center Hill development will automatically expire on September 28, 2022 unless the final plat is approved by City Council on or before September 28, 2022. • Staff is concerned about the new Owner being able to complete the required permitting, construction, and final plat and PUD process before September 28, 2022. These concerns are outlined in a letter to the Owner’s Attorney that is attached as Exhibit 4 to the proposed Resolution accompanying this memo. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution authorizing a one-year extension to the Center Hill Development’s preliminary plat and PUD approvals. ATTACHED: • Proposed Resolution and its associated Exhibits  AGENDA ITEM: D DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Kim Kleppe, IS Director SUBJECT: FIBER LICENSE AND OPERATING AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to execute a Fiber Optic and Operating License Agreement with CSS. INTRODUCTION/BACKGROUND: -This provider is an existing provider already on the Fiber System. - It’s agreement expires on 12/31/2021 - This provider asked to continue to use the Fiber System. - Staff provided the Provider its current Fiber Agreement and the provider had no changes. - Council has previously authorized fiber license agreements similar to the attached. FINDINGS/CONCLUSIONS: - CSS has requested to renew their Fiber License with the City - This agreement will replace the previous agreements the City and replaces with this standardized agreement - This agreement will be for five years RECOMMENDATION: Staff recommends approval. ATTACHED:  AGENDA ITEM: E DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2021 BUDGET AMENDMENT RECOMMENDED ACTION: City staff is requesting Council to approve an ordinance to amend the 2021 Adopted Budget. INTRODUCTION/BACKGROUND: The 2021 Budget Amendment includes the following: 1. The General Fund (F001) requires an increase in appropriated expenditures of $1,197,227 to account for: a. An allocation of CDBG-CV3 funds in the amount of $262,227. Council amended the 2019-2020 Action Plan on March 24, 2021, to include this funding. b. The Siemens City Hall and Police Court Campus HVAC equipment contract integration portion in the amount of $100,000 approved by Council on September 8, 2021. c. The services agreement for Police body worn cameras approved by Council on September 14, 2021. The 2021 estimated cost is $115,000. d. Increase the transfer to Skagit County for Public Safety Sales Tax. Estimated increased amount of direct pass-thru allocation is $545,000 thru the remaining of 2021. e. Classification and Compensation Study Professional Services Agreement approved by Council on July 21,2021 in the amount of $75,000. f. Skagit County Commissioners selected the City’s Lincoln Theatre Project to receive $100,000 in its 2021 Economic Development Grant Funding cycle. Council approved an interlocal agreement with the County on June 9, 2021. The City needs additional appropriation to transfer the additional $100,000 to the Facility Renewal Fund (F502). 2. The Facility Renewal Fund (F502) requires an increase in appropriated expenditures in the amount of 304,603 to account for: a. Additional appropriations of $100,000 is needed to offset City’s portion of “front of house” expenditures for improvements made to Lincoln Theatre. Funding is from a Skagit County Economic Development grant. b. Appropriations of $204,603 is needed for emergency roof repairs approved by Council on February 24, 2021.  3. The Library Commons Fund (F301) requires appropriations for a Professional Services Agreement with HKP Architects for architectural, engineering and design services. Council approved this agreement on June 2, 2021, in the amount of $2,497,962. 4. The Paths and Trails Fund (F105) needs an additional $5,000 for increased costs for the 25th Street Playground installation. 5. The Parks Capital Reserve Fund (F115) needs an additional $66,000 appropriation for completion of the Little Mountain Skills Park, road, parking lot and retainage fees. This is a carryover from the 2020 budget. 6. The Equipment and Replacement Reserve Fund (F501) needs to transfer $1,656,362 of Fire allocated reserve to the Fire Station Projects Fund (F306) since this fund will now be budgeting for all equipment and capital projects for the Fire Department. 7. The Fire Station Projects Fund (F306) needs additional authority in the amount of $142,257 to pay the ER&R Fund (F501) for the non-maintenance expense budgeted item which included an allocation for fuel, labor, insurance and overhead. This item was not included in the 2021 budget in error. 8. Fire Impact Fees (F312) needs appropriation in the amount of $122,541 for the payment of the diesel exhaust filtration system. Council approved the purchase agreement with Ward Filter System on May 12, 2021. 9. The Public Works Facility needs $400,000 in additional authority for the cost of the City Shop Canopy and Solid Waste administration remodel projects. Council approved the bid award for the Shop Canopy Project on January 13, 2021. 10. The (Hospital) Parking Facility Fund (F654) total reserve is $400,610. This fund was budgeted in the 2021 budget to be closed out and reserves moved to the Public Works Facility (F328). Since the Shop Canopy has been completed, these reserves are no longer needed at this time. The City would like to move the reserves to the Library Commons Fund (F301). 11. The Downtown & Waterfront Area Fund (F322) needs an additional appropriation of $350,000 to cover project and related claims that were not included in the 2021 Budget. 12. The Transportation Benefit District (TBD) Fund (F117) needs additional authority of $1,250,000 to cover additional street improvement projects that were able to be completed due to an increase in TBD revenues in 2020 and 2021. FINDINGS/CONCLUSIONS: As these increases in expenditures were not included in the 2021 adopted budget, these budget amendments are necessary to complete and properly record these expenditures. All listed funds have available funding for these expenditures. RECOMMENDATION: City staff is requesting Council to approve an ordinance to amend the 2021 Adopted Budget. ATTACHED: Ordinance  AGENDA ITEM: F DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR THE PROVISION OF SENIOR SERVICES FOR THE YEAR 2022 RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to enter into an interlocal agreement with Skagit County for the provision of senior services for the calendar year 2022. INTRODUCTION/BACKGROUND: Each year the City of Mount Vernon budgets for and provides funding to Skagit County for their Senior Services Program within the Department of Public Health for services provided to our senior community. These services include: - Nutrition services that include nutritionally balanced noon-time meals at the Mount Vernon Senior Center and home-delivered meals to seniors over the age of 60 and meals served at the senior center over the noon hour. - Operational support of the Mount Vernon Senior Center which provides senior center program services to our senior community. FINDINGS/CONCLUSIONS: The City has committed $57,148 of financial support to Skagit County for the provision of services to our senior community for 2022 which is included in the adopted 2022 City budget. An interlocal agreement between our two agencies needs to be approved to confirm the City’s funding commitment. The 2022 budget for senior services represents a 1.5% increase from 2021 to 2022. RECOMMENDATION: Staff recommends Council authorize the Mayor to enter into this agreement. ATTACHED: Interlocal Cooperative Agreement between Skagit County Senior Services and the City of Mount Vernon.  AGENDA ITEM: G DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: BID AWARD – FIRE AND POLICE LAUNDRY AND DRY CLEANING RECOMMENDED ACTION: Staff recommends that Council award the bid for the Fire and Police Departments’ laundry and dry cleaning to Modern Cleaners for the years 2022 and 2023. INTRODUCTION/BACKGROUND: The City bids dry cleaning and laundry services every two years. Modern Cleaners has been providing this service to the City since May 2007. FINDINGS/CONCLUSIONS: This year there was only one bid received, Modern Cleaners. The bid received has a minimal increase from the previous two years. RECOMMENDATION: Award the bid to Modern Cleaners. ATTACHED: agreement  AGENDA ITEM: H DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: BID AWARD – LEGAL PUBLISHING RECOMMENDED ACTION: Staff recommends that Council award the bid for Legal Publishing to Skagit Publishing for the years 2022 and 2023. INTRODUCTION/BACKGROUND: The City bids legal publishing services every two years. Skagit Publishing has been providing this service to the City for many years. FINDINGS/CONCLUSIONS: This year there was only one bid received, Skagit Publishing. The bid received has no increase from the previous bid period. RECOMMENDATION: Award the bid to Skagit Publishing. ATTACHED: agreement  AGENDA ITEM: I DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: STAFF IS REQUESTING THAT COUNCIL AUTHORIZE THE MAYOR TO ENTER INTO A SOFTWARE SERVICES AGREEMENT WITH OPENGOV FOR ERP CLOUD COMPUTING AND UKG READY HUMAN RESOURCES AND PAYROLL SOFTWARE. RECOMMENDED ACTION: Staff is requesting City Council authorize the Mayor to execute an agreement for implementation for Enterprise Resource Planning (ERP) Cloud Computing, including Human Resources and Payroll system with OpenGov for a fixed-fee five-year software as a service (SaaS) contract of $204,336 per year and a $154,785 one-time implementation fee for a five-year total of $1,155,293.48. INTRODUCTION/BACKGROUND: The City of Mount Vernon currently uses EDEN software by Tyler Technologies to operate its financial system, payroll system, and utility billing and collection system. In 2021, The City paid $57,546 in maintenance and programming costs for EDEN software. Tyler Technologies is phasing out EDEN and currently does provide support but does not implement any new functionality or upgrades. Many of the City’s other financial responsibilities, such as bank reconciliation and tracking of fixed assets are done on complicated excel spreadsheets or dated Access databases which are extremely time consuming for employees. None of these current financial processes offer transparency or visibility to the public and any information must be manually created and posted for public information. Currently, the City does not have an all-inclusive Human Resource System. All information is tracked manually and in paper form and tracked in Word and Excel spreadsheets. Required annual HR reporting and employee information tracking is cumbersome and time consuming. During the recent COVID-19 pandemic it has become clear that the city needs a comprehensive web- based solution to replace EDEN and all our other manual financial processes. City staff need to be able to have access to our systems easily at home if they are not able to be in the office. They must have full access to financial, HR and payroll systems to be able to input, review and approve financial and employment data. FINDINGS/CONCLUSIONS: After researching and demonstrations with various software companies, City staff has identified OpenGov as the preferred vendor to provide a modern cloud financial suite. OpenGov has an excellent reputation and is the only vendor who provides an entirely web-based product designed exclusively for government that will allow us to better manage the effects of events like the COVID-19 pandemic, improve our citizen engagement, provide increased transparency, and enhance our customer service experience. The ERP solution is a GASB compliant fund accounting software solution for local government organizations. OpenGov Financials includes the following functionality: - A fully integrated Financial Management System. Each application interacts with the appropriate applications. There is no need to re-enter data from one application to another system. - Modules include: - General Ledger - Accounts Payable - Accounts Receivable - Fixed Assets - Cash Receipts - Purchase Cards - Bank Reconciliation - Utility Billing (not included until 2023) - Monthly enhancements and updates are applied without user interruption or cost. - Automated interfacing from 3rd party applications like court and web apps if needed. - Scanning of supporting documents into all modules. - A large library of standard reports in every module. - Simple configuration to function within our environment. - Unlimited Internal Users - Multi-Year & Historical Reporting. Included in the agreement is a sub-agreement with UKG for a fully integrated Human Resource and Payroll and Timesheet software. The City currently does not have a Human Resource System of any sort and our Payroll and Timesheet software is with EDEN. The Human Resource module will enable the City to automate core HR functions, including onboarding and benefits management, while providing a single database that stores and tracks all employee information in one place. HR has automated workflows, configurable forms and reports, and real-time access to accurate and consistent employee information which will help reduce our administrative workload and minimize compliance risk. This platform is known as UKG Ready and completely integrates with the OpenGov ERP solution. - Modules include: - Time Tracking - Accruals Manager - Human Resources - Payroll - ACA (Compliance) Manager - Performance Management - Leave (Policy) Manager The City has already purchased the OpenGov Budgeting and Planning Suite which is the only integrated cloud solution for operating budget development, capital and workforce planning, and online budget book creation. The OpenGov Reporting and Transparency Platform has also been purchased. This simplifies and streamlines the collection, analysis, and communication of complex information. This solution reduces manual reporting, data scrubbing, and formatting by providing on-demand access to dynamic, interactive reports and dashboards. These two modules fully integrate with the Enterprise Resource Planning (ERP) Cloud computing and Human Resources and Payroll platform. Since these are all cloud-based solutions, all OpenGov and UKG systems are completely accessible to staff and management no matter where they are through any web browser, on any computer, without the need for hardware or software that needs to be installed locally. It also assures that we are always using the latest features and enhancements to the software, all at no additional cost in a secure and redundant manner. The total cost for this fixed-fee five-year software as a service (SaaS) contract is $204,336 per year and a $154,785 one-time implementation fee for a five-year total of $1,155,293. This amount includes a credit in 2022 for the Budgeting and Planning and Reporting and Transparency Platform that the City already purchased. This purchase can be made utilizing the Washington NASPO (National Association of State Procurement Officials) Master Agreement No: AR2472 for Cloud Solutions. Staff proposes utilizing American Rescue Plan Act (ARPA) funding to replace our current financial software to use this electronic software that will also allow transparency. This expense meets the criteria of using these funds since the purchase and integration of OpenGov Cloud ERP software mitigates employee exposure to events like COVID-19 by providing a software solution that establishes a telework infrastructure, council access, and provides a tool for better communication and public access to the final budget. It allows staff to input, review and approve financial data remotely and minimizes physical contact. RECOMMENDATION: Staff is requesting that City Council authorize the Mayor to execute an agreement for implementation for ERP Cloud Computing, including HR and Payroll system with OpenGov for a fixed-fee, five-year software as a serve (SaaS) contract of $204,336 per year and a $154,785 one-time implementation fee for a five-year total of $1,155,293.48. ATTACHED: OpenGov Quote Form OpenGov Original Service Agreement OpenGov Amended Service Agreement OpenGov Statement of Work AGENDA ITEM: J  AGENDA ITEM: K City of MOUNT VERNON DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammack SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMERCE GRANT FUNDING FOR THE PURCHASE OF LESS LETHAL EQUIPMENT. RECOMMENDED ACTION: Authorize the Mayor to enter into an lnterloca1 Agreement authorizing the acceptance of grant funding through the Washington State Department of Commerce. INTRODUCTION/BACKGROUND: The Mount Vernon Police Department has been awarded Washington State Department of Commerce grant funding for the purchase of Less Lethal equipment in the amount of $13,671.00. The funding will be used to purchase compressed air less lethal launchers and lightweight ballistic shields. The purchase of these items is in line with the recent legislative changes regarding police tactics and use of force. FINDINGS/CONCLUSIONS: This grant allows the Mount Vernon Police Department to continue to expand it's less lethal capabilities when dealing with potential use of force encounters. RECOMMENDATION: Authorize the Mayor to enter into an lnterlocal Agreement with the Skagit County Sheriff, Anacortes, and Burlington Police Departments authorizing the acceptance of grant funding through the Washington State Department of Commerce. ATTACHED: lnterlocal Agreement -Washington State Department of Commerce Grant  AGENDA ITEM: L DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Gary Duranceau, Wastewater Division Manager SUBJECT: ACCEPTANCE OF PROPOSAL: INFLUENT PUMP STATION HEADER UPGRADE RECOMMENDED ACTION: Staff recommends that a motion be made by Council approving a consultant agreement with HDR Engineering, Inc. for design and bid services to upgrade the Influent Pump Station Header at the Wastewater Treatment Plant in the amount of $307,837.00. INTRODUCTION/BACKGROUND:  The Wastewater Treatment Plant Influent Pump Station (IPS) was constructed in 1988 as a six million gallon per day (MGD) facility.  To meet increasing demands over the years the City upsized all four influent pumps significantly increasing the pumping capacity at the treatment plant.  The IPS currently pumps in excess of 24 MGD during wet weather months from the City’s combined sewer system.  The discharge header and force main have not been modified and remain the same size as installed in 1988 for the 6 MGD design. During high flow events velocities in this piping exceeds the desirable range for the operating conditions, resulting in excessive energy usage and accelerated wear on the piping.  HDR completed a preliminary study in 2019 to investigate increasing the pipe size to improve the resiliency and reliability and recommended that a 30-inch diameter header be installed in the IPS. FINDINGS/CONCLUSIONS:  The work covered by this agreement is essential to and in support of basic treatment plant function.  The proposed contract is in the amount not to exceed of $307,837.00.  Staff reviewed the submitted scope of services and determined that HDR Engineering, Inc. has met all the consulting requirements, and is the best qualified firm for these services.  The City has a long and successful record of experience with the HDR team that will provide the proposed services.  These services are within the scope of approved funds for wastewater. RECOMMENDATION: Staff recommends approving the consultant agreement in the amount of $307,837.00 from HDR Engineering, Inc. for consulting services essential to the City’s wastewater treatment services. ATTACHED: Professional Services Agreement  AGENDA ITEM: M DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: ASSIGNMENT OF LEASE FOR CELL TOWER RECOMMENDED ACTION: Approve assignment of Site Lease Agreement currently held by Atlas Tower, LLC to Crown Castle Towers 06-2 LLC as set forth in the attached Agreement Regarding Lease. INTRODUCTION/BACKGROUND: Atlas Tower, which has a lease for the premises supporting a mono-pine stealth cell tower at Fire Station No. 3 at 4701 East Division Street, has asked the city to approve an assignment of its Site Lease Agreement to Crown Castle Towers 06-2 LLC. The lease was entered into on, or about, March 8, 2016, and runs for ten years with automatic renewal for up to five additional terms of five years each. It includes a provision that the lessee will provide a generator to supply the fire station with emergency back-up power. Crown Castle Towers 06-2 LLC is an indirect, wholly-owned subsidiary of Crown Castle International Corp. (NYSE symbol: CCI). Crown Castle International (CCI), which maintains a district office in Seattle, Washington, owns over 40,000 wireless towers, of which approximately 1,500 are owned by Crown Castle Towers 06-2 LLC. Crown Castle Towers 06-2 LLC is a CCI subsidiary. See www.crowncastle.com for more information about the corporation’s organization FINDINGS/CONCLUSIONS: Chief Bryce has no objections given that the assignment does not allow expansion of the cell tower’s footprint. Kim Kleppe advised that CCI is a reputable manager of cell towers. Insurance documents show Crown Castle Towers 06-2 LLC is covered under CCI’s insurance, which meets the several insurance requirements set out in the Site Lease Agreement. Crown Castle Towers 06-2 LLC will assume the existing lease without changes. An assignment of the lease to Crown Castle Towers 06-2 LLC continues the City’s benefits under the lease and furthers cellular coverage in the city. It is understood that Atlas and CCI would like to have the assignment completed by December 15, 2021. To that end, the assignment document provides that it becomes effective when signed by the final of the three required signatures. RECOMMENDATION: Approve assignment by authorizing Mayor to sign the Agreement Regarding Lease. ATTACHED: Site Lease Agreement Proposed Agreement Regarding Lease  AGENDA ITEM: N DATE: December 8, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: ELECTION OF MAYOR PRO TEMPORE RECOMMENDED ACTION: That the City Council elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the Council, and in case of the absence, death, or disability of the Mayor, shall perform the duties of mayor except that he/she shall not have the power to appoint or remove any officer or to veto any ordinance. INTRODUCTION/BACKGROUND: MVMC 2.08.040 requires members of the City Council, after each general municipal election, and thereafter whenever a vacancy occurs, to elect from among their number a mayor pro tempore. The duties of the Mayor Pro Tempore are in case of the absence, death, or disability of the Mayor, to perform the duties of mayor, except that he/she shall not have the power to appoint or remove any officer or to veto any ordinance. The appointment of a councilmember as Mayor Pro Tempore shall not in any way abridge his/her right to vote upon all questions coming before the council. FINDINGS/CONCLUSIONS: A general municipal election has concluded requiring the City Council to elect from their number a mayor pro tempore to serve until the conclusion of the next general election or until a vacancy occurs. RECOMMENDATION: NONE ATTACHED: NONE