City Council

CITY OF MOUNT VERNON STUDY SESSION AGENDA December 18, 2024, 7:00 p.m. Police/Court Campus, 1805 Continental Place 1. Approval of Agenda 2. Public Comment 3. Approval of Agreement – Highline Construction, Inc. (Staff is requesting approval of an agreement with Highline Construction, Inc. for the Finance Department Front Desk Remodel.) (required action – motion) (staff contact – Chris Phillips) 4. Approval of Agreement – Maria Funk (Staff is requesting approval of an agreement with Maria Funk for administrative support of the Public Defense program.) (required action – motion) (staff contact – Steve Sexton) 5. Approval of Agreement – Mount Vernon School District (Staff is requesting approval of an agreement with Mount Vernon School District for the use of Sherman Anderson Park for the high school baseball season.) (required action – motion) (staff contact – Jennifer Berner) 6. Adjourn  ITEM: 3 DATE: December 18, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – PW Director SUBJECT: BID AWARD AND APPROVAL OF CONTRACT: MOUNT VERNON FINANCE FRONT COUNTER REMODEL PROJECT RECOMMENDED ACTION: Staff recommends approval of the bid award to Highline Construction and authorization for the Mayor to execute a contract for the Mount Vernon Finance Front Counter Remodel Project for their bid in the amount of $143,614.91 which includes sales tax. INTRODUCTION/BACKGROUND: The Finance Front Counter Project will ergonomically update and enhance security for Finance Utility Department staff and will allow better residential customer service. FINDINGS/CONCLUSIONS: The City advertised for bids for this project on November 28, 2024. As the project is federally funded, advertisements were released in both the Skagit Herald (the City’s newspaper-of-record) and the Daily Journal of Commerce. Bids were received and opened on December 12, 2024. One bid was received. Highline Construction was therefore determined to have provided the lowest responsive bid from a responsible bidder. This project is funded by the American Rescue Plan Act (ARPA). RECOMMENDATION: Staff recommends approval of the bid award to Highline Construction and authorization for the Mayor to execute a contract for the Mount Vernon “Finance Front Counter Replacement Project for their bid in the amount of $143,614.91 which includes sales tax. ATTACHED: Contract  CONTRACT MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PROJECT NUMBER 2024-ITB-025 THIS AGREEMENT, made and entered into in duplicate this _____ day of __________________, 2024, by and between the City of Mount Vernon, Washington hereinafter called the City of Mount Vernon “City” and Highline Construction, Inc., “Contractor”, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor shall do all work and furnish all tools, equipment and materials, labor, services, and other items incidental thereto necessary for the construction and completion of the above named project as described in the attached Request for Bid Proposals, including addenda, in accordance with the Contract Documents set forth in Article 7 below for the above named project, which documents are incorporated by this reference for the amount bid which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 2. If said work is not completed within the time specified, the Contractor agrees to pay to the City of Mount Vernon the sum as specified in Section 1.08.9 of the current WSDOT Standard Specifications for each and every working day said work remains uncompleted and after expiration of the specified time, as liquidated damages. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof and shall guarantee said materials and work for a period of one year after completion of this contract, except as may be modified by the plans, specifications, and/or contract documents. 3. The City of Mount Vernon agrees to pay the Contractor for the actual quantities in the completed work according to the schedule of unit prices set forth in the bid proposal hereto attached and made a part of this Contract. 4. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. It is further provided that no liability shall attach to the City of Mount Vernon by reason of entering into this contract, except as expressly provided herein. MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 1 OF 12 6. The Contractor shall defend indemnify and hold the City its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, loss or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration of termination of this Contract. 7. The Contract Documents, which comprise the entire agreement between the City and the Contractor concerning the above-named project consist of the following:  This Agreement;  The Request for Bids;  The Supplemental Instructions to Bidders;  The Contractor’s Bid Proposal including the bid, bid schedule(s), if any, information required of bidder, and all required certificates and affidavits;  The performance bond and the labor and material payment bond;  The Special Provisions and all documents incorporated by reference therein’  Specifications;  Current WSDOT Standard Specification for Road, Bridge, and Municipal Construction (as of agreement date);  The Plans (or drawing), if any;  All Addenda issued by the City;  Change Orders and written Change directives issued after the effective date of this Agreement;  City of Mount Vernon Standard Details, if any;  WSDOT Standards Plans; and All documents included in or incorporated by reference in the project bid package entitled above named project. Insurance The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 2 OF 12 No Limitation Insurance is not a limit of your liability. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor’s liability to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City, using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 3 OF 12  1. The Contractor’s insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents, and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builder’s Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. I. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with 30 days advance written notice of any policy cancellation date. MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 4 OF 12  J. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. K. Venue The venue of all causes of action arising from the advertisement, award, execution, and performance of the Contract shall be in the Skagit Superior Court. L. Public Records Requests Contractor acknowledges that the City is subject to laws regarding the disclosure of public records as defined under the chapter 42.56 RCW- the Washington State Public Records Act. Documents and other records when prepared, owned, used, or retained by the City including records created by the Contractor in furtherance of the Project may be public records regardless of who possess such records or where they are located. Contractor agrees to maintain all records prepared, owned, used, by the City or created by the Contractor in the furtherance of the Project in accordance with retention schedules set forth under state law and upon request shall promptly release such records to the City. Contractor shall be solely responsible for all attorney fees and costs in any action and shall, indemnify, save, and hold harmless the City from any costs, attorney’s fees or penalty assessments under Chapter 42.56 RCW for withholding, destroying, altering, or delaying public disclosure of records created or otherwise possessed by the Contractor in furtherance of the Project. If it is necessary for the Contractor to provide the City with proprietary information, the Contractor shall clearly mark the information on each page of the document(s) as “Proprietary and Confidential”. In the event the City receives a public record request for information and the Contractor has marked the requested document as “Proprietary and Confidential”, Contractor may request withholding disclosure of such records by seeking an injunction prohibiting the City from disclosing the record under the Washington State Public Records Act or other judicial relief as allowed under law. M. Coordination of Contract Documents. Any inconsistency in the parts of the Contract Documents shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth) 1. This Agreement 2. Change Orders and written Change Directives 3. Addenda 4. Contractor’s Bid Proposal MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 5 OF 12  5. Special Provisions 6. Plans (or drawing) 7. Specifications 8. WSDOT Standards Plans 9. City of Mount Vernon Standard Details 10. Current WSDOT Standard Specifications Plans for Road, Bridge, and Municipal Construction (as of agreement date) 11. Supplemental Instructions to Bidders 12. The Request for Bids 13. Performance bond and the labor and material payment bond IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. This _____ day of ___________________________, 2024. HIGHLINE CONSTRUCTION CITY OF MOUNT VERNON: Authorized Signature Peter Donovan, Mayor Printed Tax ID No. Attest: Becky Jensen, City Clerk Approved as to Form: Kevin Rogerson, City Attorney If there is an inconsistency within the parts of the contract the more stringent shall govern. MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 6 OF 12  RETAINAGE INVESTMENT OPTION CONTRACTOR: Highline Construction, Inc. PROJECT NAME: Mount Vernon Finance Department Front Desk Remodel DATE: Pursuant to R.C.W. 60.28.010, as amended, you may choose how your retainage under this contract will be held and invested. Please complete and sign this form indicating your preference. If you fail to do so, the Owner will hold your retainage as described in “Current Expense” option 1 below. ____1. Current Expense: The Owner will retain your money in its Current Expense Fund Account until thirty days following final acceptance of the improvement or work as completed. You will not receive interest earned on this money. ____2. Interest Bearing Account: The Owner will deposit retainage checks in an interest- bearing account in a bank, mutual savings bank, or savings and loan association, not subject to withdrawal until after the final acceptance of the improvement or work as completed or until agreed to by both parties. Interest on the account will be paid to you. ____3. Escrow/Investments: The Owner will place the retainage checks in escrow with a bank or trust company until thirty days following the final acceptance of the improvement or work as completed. When the moneys reserved are to be placed in escrow, the Owner will issue a check representing the sum of the moneys reserve payable to the bank or trust company and you jointly. This check will be converted into bonds and securities chosen by you and approved by the Owner and these bonds and securities will be held in escrow. Interest on these bonds and securities will be paid to you as interest accrues. ____4. Surety Bond: The Contractor will obtain a bond from a Surety Company, licensed to conduct business in the State of Washington for the estimated amount of Retainage based on 5% of the bid price. The Retainage Bond form will be provided by the City. Contractor’s signature Date Title MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 7 OF 12  RETAINAGE BOND KNOW ALL BY THESE PRESENTS: That Highline Construction, Inc, a corporation existing under and by virtue of the laws of the State of ______________________and authorized to do business in the State of Washington, as Principal, and _________________________________, a corporation organized and existing under the laws of the State of ________________________ and authorized to transact the business of surety in the State of Washington, as Surety, are jointly and severally held and bound unto City of Mount Vernon, Washington (City) and the State of Washington (State), and are similarly held and bound unto the beneficiaries of the trust fund created by Chapter 60.28 Revised Code of Washington (RCW), and their heirs, executors, administrators, successors and assigns in the penal sum of Dollars ($339,688.55), plus 5% of any increases in the contract amount that have occurred or may occur, due to change orders, increases in the quantities or the addition of any new item of work. WHEREAS, the Principal has executed Contract for Mount Vernon Finance Department Front Desk Remodel Project 2024-ITB- 025 with the City; and WHEREAS, said Contract and Chapter 60.28 RCW require the City to withhold from the Principal the sum of five percent (5%) from monies earned by the Principal on estimates during the progress of the work, hereinafter referred to as earned retained funds; and WHEREAS, the Principal/Surety has requested that the City accept a bond in lieu of earned retained funds as allowed under Chapter 60.28 RCW. NOW, THEREFORE, this obligation is such that the Surety, its successors, and assigns, are held and bound unto City, State and unto all beneficiaries of the trust fund created by RCW 60.28.011 (1) in the aforesaid sum. This bond, including any proceeds therefrom, is subject to all claims and liens and in the same manner and priority as set forth for retained percentages in Chapter 60.28 RCW. The condition of this obligation is such that if the Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund created pursuant to Chapter 60.28 RCW, to the State of Washington, and to the City, and indemnify and hold the City harmless from any and all loss, costs, and damages that the City may sustain by release of said retainage to Principal/Surety, then this obligation shall be null and void provided the Surety is notified by City that the requirements of RCW 60.28.021 have been satisfied and the obligation is duly released by City; otherwise it shall remain in full force and effect. IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act, omission, or defense of any kind or nature that would not also discharge the Principal. IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of the Principal, the Surety, the City, State, and the beneficiaries of the trust fund created by Chapter 60.28, Revised Code of Washington (RCW) and their respective heirs, executors, administrators, successors, and assigns. SIGNED AND SEALED this day of _________, 2024. Principal: Surety: By:______________________________________ By:______________________________________ Name/Title: Name/Title: Address: Address: Note: A power of attorney must be provided which appoints the Surety's true and lawful attorney-in-fact to make, execute, seal, and deliver this bond. MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 8 OF 12  PAYMENT BOND TO THE CITY OF MOUNT VERNON, WA Bond No. _________ City of Mount Vernon, Washington, (the City) has awarded to Highline Construction, Inc., (Principal), a Contract for the construction of the project designated as Mount Vernon Finance Department Front Desk Remodel, Project No. 2024-ITB-025, in Mount Vernon, Washington (Contract), and said Principal is required under the terms of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington (RCW) and (where applicable) 60.28 RCW. The Principal and ______________________________________________________ (Surety), a corporation organized under the laws of the State of ______________________ and licensed to do business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City, in the sum of One hundred forty three thousand six hundred fourteen dollars and ninety one cents (US Dollars) ($143,614.91) Total Contract Amount, subject to the provisions herein. This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08, 39.12, and 60.28 including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration, or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any changes, extension of time, alteration, or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two (2) original counterparts and shall be signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the office executing on behalf of the surety. MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 9 OF 12  Principal Surety By: By: Signature Signature Printed Printed Title: Title: Legal office/agent of Surety Company: Name: Phone: Address: MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 10 OF 12  PUBLIC WORKS PERFORMANCE BOND TO THE CITY OF MOUNT VERNON, WA Bond No. _________ City of Mount Vernon, Washington, (the City) has awarded to Highline Construction, Inc., (Principal), a Contract for the construction of the project designated as Mount Vernon Finance Department Front Desk Remodel, Project No. 2024-ITB-025, in Mount Vernon, Washington (Contract), and said Principal is required under the terms of that Contract to furnish a bond for performance of all obligations under the Contract. The Principal, and __________________________________ (Surety), a corporation organized under the laws of the State of ________________ and licensed to do business in the State of Washington as surety and named in the current list of “Surety Companies Acceptable in Federal Bonds” as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City, in the sum of One hundred forty three thousand six hundred fourteen dollars and ninety one cents (US Dollars) ($143,614.91) Total Contract Amount, subject to the provisions herein. This statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal’s obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety agrees to indemnify, defend, and protect the City against any claim of direct or indirect loss (including legal fees and costs) resulting from the failure of the Principal, its heirs, executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract. The Surety for value received agrees that no change, extension of time, alteration, or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 11 OF 12 to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of Washington. Venue of any litigation arising out of this Agreement shall be in Skagit County Superior Court. This bond may be executed in two (2) original counterparts and shall be signed by the parties’ duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Principal Surety By: By: Signature Signature Printed Printed Title: Title: Legal office/agent of Surety Company: Name: Phone: Address: MOUNT VERNON FINANCE DEPARTMENT FRONT DESK REMODEL PAGE 12 OF 12  ITEM: 4 DATE: December 18, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF BURLINGTON RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: THE CITIES OF BURLINGTON AND MOUNT VERNON EQUALLY SHARE THE EXPENSES FOR A PUBLIC DEFENSE PROGRAM ASSISTANT. THIS INDIVIDUAL SCREENS AND DETERMINES THE QUALIFICATION OF INDIVIDUALS FOR PUBLIC DEFENDER REPRESENTATION. THE CURRENT ASSISTANT IS MOVING TO THE STATE OF MISSISSIPPI. DIFFERENT EMPLOYMENT LAWS IN MISSISSIPPI NECESSITATE THE CITIES CONTRACT WITH THE INDIVIDUAL, RATHER THAN CONTINUE TO EMPLOY HER AS AN EMPLOYEE OF THE CITY OF BURLINGTON. FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: Staff requests the Council approve the Professional Services Agreement with the City of Burlington for the services of a Public Defense Program Assistant as an independent contractor. Cost for this service will continue to be spilt evenly between the two cities. ATTACHED: Professional Services Agreement  PROFESSIONAL SERVICE AGREEMENT FOR OUT OF COURT INDIGENT DEFENSE SCREENING, CONFLICT COUNSEL COORDINATION, AND SUPPORT FOR PUBLIC DEFENSE SERVICES THIS AGREEMENT, made and entered into as of the date of execution between the City of Burlington and the City of Mount Vernon, herein referred to as (“Cities”) and Maria Funk (“Contractor”), together hereinafter referred to as “Parties”; WHEREAS, the Cities desire to engage Contractor to serve as the role of an out-of-court indigent defense screener, conflict counsel coordinator, and public defense support as an independent contractor; and WHEREAS, the Contractor agrees to provide the services contained in this Agreement as an independent contractor on the following terms and conditions; and WHEREAS, the Cities agree to split these costs evenly (50/50) wherein Contractor will bill the City of Burlington and Burlington will then bill the City of Mount Vernon; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the Parties hereto as follows: 1. Scope of Work. The scope of work shall include Contractor completing the tasks detailed in Exhibit A and made part of this Agreement. 2. Duration of Contract. This Contract shall be effective, and services commence on December 19, 2024, and shall terminate on December 31, 2026, unless extended or terminated earlier. The Contractor shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approval. 2.1 Termination of Agreement. This Agreement is terminable based on: 2.1.1 Material breach of the provisions of this contract which are not cured within thirty (30) days after the provision of written notice of breach by the Cities. 2.1.3 By the death, disability or resignation of the Contractor. 2.1.4 By mutual agreement of all the parties hereto. 1  3. Compensation. The Cities will pay the Contractor a fixed fee of $47 per hour with compensation equaling 20 hours per week. Contractor shall bill the City of Burlington monthly for these services at the address included in this Agreement. 4. Services Provider. Maria Funk shall be the sole service provider. The duties shall not be delegated without the express written consent of the Cities. 5. Ownership and Use of Documents. All equipment, records, files, and any and all other work product prepared or gathered by the Contractor in completion of this Agreement shall be and are the property of the Cities, provided: A. In the event that the Contractor shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Contractor, along with a summary of work done to date of default or termination, shall become the property of the Cities and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. B. At either the termination of this Agreement or expiration of the term without extension, Contractor shall return all equipment, files, and records to the City of Burlington. 6. Hold Harmless Agreement. The Contractor shall hold harmless, indemnify and defend the Cities, their officers, officials, employees and agents from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever including costs and attorney’s fees in defense thereof, for injuries, sickness, disability or death to persons or damage to property or business, caused by or arising out of the Contractor’s acts, errors or omissions in the performance of this Agreement. PROVIDED HOWEVER, that the Contractor’s obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the Cities, their officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the Contractor’s indemnity obligation hereunder shall apply only to the percentage of fault attributable to the Contractor, its employees, agents, or subcontractors. With respect to the Contractor’s obligation to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims actions or suits filed against the Cities, the Contractor further agrees to waive its immunity under the Industrial Insurance Act, Title, 51 RCW, for any injury or death suffered by the Contractor’s employees caused by or arising out of the Contractor’s acts, errors or omissions in the performance of this agreement. This waiver is mutually negotiated by the parties. The Contractor’s obligation hereunder shall include, but is not limited to investigating, adjusting and defending all claims alleging lost from action, error, or omission or breach of any common law, statutory or other legated duty by the Contractor, Contractor’s employees, agents or subcontractors. 2  7. Insurance. The Contractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage: A. Commercial General Liability insurance with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. The Contractor shall furnish the Cities with verification of insurance and endorsements required by the Agreement. The Cities reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Contractor shall submit to the Cities a verification of insurance as outlined above within fourteen days of the execution of this Agreement. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. 8. Discrimination Prohibited. Contractor shall not discriminate against any applicant for indigent defense services because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Contractor shall be deemed to be an agent, employee or representative of the Cities for any purpose. The Contractor shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 10. Integration. The Agreement between the parties shall consist of this document. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. 11. Changes/Additional Work. The Cities may engage Contractor to perform services in addition to those listed in this Agreement, and Contractor will be entitled to additional compensation for authorized additional services or materials. The Cities shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the Cities understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Contractor to render or the Cities to pay for 3 services rendered in excess of the Scope of Services unless or until an amendment to this Agreement is approved in writing by both parties. 12. Standard of Care. Consultant represents that Contractor has the necessary knowledge, skill and experience to perform services required by this Agreement. Contractor and any persons employed by Contractor shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 13. Non-waiver. Waiver by the Cities of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non-assignable. The services to be provided by the Contractor shall not be assigned or subcontracted without the express written consent of the Cities. 15. Compliance with Laws. The Contractor in the performance of this Agreement shall comply with all applicable Federal, State or local laws. The Contractor specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 16. Notices. Notices to the Cities shall be sent to the following address: City Administrator City of Burlington 833 South Spruce Street Burlington, WA 98233 Notices to the Contractor shall be sent to the following address: Maria Funk 2315 County Road 39 Paulding, MS 39348 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. 17. Governing law. This Agreement shall be governed by the laws of the State of Washington. The federal or state courts located in Skagit County in the State of Washington shall have exclusive jurisdiction to hear any dispute under or arising out of this Agreement. CITY OF MOUNT VERNON By: Mayor Peter Donovan Date: _______________________________ 4 ATTEST/AUTHENTICATED: By City Clerk CITY OF BURLINGTON By: Mayor Bill Aslett Date: _______________________________ ATTEST/AUTHENTICATED: By: City Clerk APPROVED AS TO FORM: By: Burlington City Attorney CONTRACTOR By: Print Name: _______ Date: _______________________________ 5  EXHIBIT A – SCOPE OF WORK Summary: Serving in an out-of-court role, the Contractor shall serve as the liaison between clients, indigent defense service providers, conflict attorneys, and the public defense auditor to help ensure the effective provision of defense services for the Cities. They conduct indigent defense financial determinations (screenings) of defendants that have cases filed in either the Burlington or Mount Vernon Municipal Courts and request provision of a public defense attorney. They will also provide administrative support to, and coordination of, public defense attorney contract compliance under the direction of the Burlington City Administrator and the Public Defense Auditor. Duties include interviewing applicants who have requested a public defense attorney and determining whether they are financially eligible to receive a public defense attorney, receiving reports from contracted public defense attorneys regarding legal conflicts and the need to assign cases to a Conflict Attorney, receiving and directing complaints pertaining to the municipal public defense system to the appropriate review authority, and maintaining detailed public defense system administrative and contract records. The Contractor will also receive reports and documents submitted by the Cities by the indigent defense contractors and, under the direction of the Burlington City Administrator, will review those reports with contract and reporting requirements with the Public Defense Auditor. Essential Functions • Answer questions over the phone and/or using Zoom, Teams, or other on-line meeting platforms from defendants and others who inquire about public defense services. • Interview defendants over the phone and/or using Zoom, Teams, or other on-line meeting platforms and review their financial information to determine if they are eligible for Public Defense Services. • Assess validity of information that is provided from defendants and evaluate information that appears inaccurate to ensure that only eligible applicants receive services. • Assign or deny public defense attorneys based upon established screening criteria. • Contact Conflict Attorneys regarding conflict assignments and coordinate the assignment of conflict counsel when required. • Recruits and maintains a panel of qualified conflict attorneys. • Maintain confidential administrative files of defendant interviews, submit information to the City of Burlington for electronic filing, and prepare statistical reports tracking caseloads as requested. • Receive and review invoices from conflict attorneys for payment of services. • Provide support to the in-court public defense services screener. 6  EXHIBIT A – SCOPE OF WORK CONT. • Maintain and monitor received emails regarding public defense for both cities. • Work with and support the services of the Public Defense Auditor. • Direct any client complaints for review under the established complaint resolution procedures. • Act within the scope of services as an independent contractor with courtesy and professionalism. • Update and provide support as needed for the public defense website(s) and ensure that public defense information and materials are readily available. 7  ITEM: 5 DATE: December 18, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Parks & Enrichment Services Director SUBJECT: MOUNT VERNON SCHOOL DISTRICT USE AGREEMENT FOR SHERMAN ANDERSON PARK RECOMMENDED ACTION: Staff recommends Council approve the Mayor to enter into an Agreement with Mount Vernon School District for use of Sherman Anderson Park during the Mount Vernon High School baseball season. INTRODUCTION/BACKGROUND: The Mount Vernon Parks and Enrichment Services Department and the Mount Vernon School District have agreed to enter into an agreement for the use of Sherman Anderson Park for the 2025 baseball season. The agreement provides the school district exclusive use of the park for the duration of the baseball season that runs from the end of February through the first part of May. The agreement provides the use of the batting cage to the school district starting in January and field use beginning the end of February. During the field use of Sherman Anderson park, the end of February through the beginning of May, the School District maintains the field to include mowing the grass, maintaining the infield, lining the field and cleaning the grounds and facilities. The Parks Department provides the mower and tools for maintaining the infield and provides all consumable supplies, i.e. toilet paper, soap, paper towels for the restroom. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Staff requests approval for the Mayor to enter into an agreement with Mount Vernon School District for the use of Sherman Anderson Park during the Mount Vernon High School baseball season. ATTACHED: Agreement with attachments  AGREEMENT BETWEEN CITY OF MOUNT VERNON AND MOUNT VERNON SCHOOL DISTRICT This Agreement is entered into between the CITY OF MOUNT VERNON, Washington, a municipal corporation (hereinafter referred to as the "City”) and Mount Vernon School District No. 320 (hereinafter referred to as the “School District”), collectively (” The Parties”) The Parties agree as follows: 1. Term and Responsibilities Prior to the start of the baseball season, January 2, 2025, through March 2, 2025, the batting cage facility, located at Sherman Anderson Park, shall be made available to the School District for use by Mount Vernon School District students with supervision by a Mount Vernon School District employee. Prior to use school district employee(s) shall walk through the facility with the Parks Operations Manager. No field use is permitted January 2 – March 2, 2025. During the 2025 baseball and softball seasons, March 3, 2025, to May 31, 2025, the following use of City facilities shall be granted to the School District: a. Use of Sherman Anderson Baseball Field and Batting Cage for baseball practices and games as set forth in Exhibit A attached hereto. i. School District shall perform and be responsible for the following during the use period set forth above: 1. All maintenance to the Sherman Anderson baseball field and batting cage, fixtures, and associated equipment set forth in Exhibit A. Maintenance shall include but not be limited to the following: a. All Field Maintenance. To include but not be limited to mowing, edging, blowing out lips, maintaining baseball lines to include purchase of paint, maintaining infield including game preps, raking, and dragging. b. All Facility Maintenance. To include but not be limited to after each daily use clean the dugouts, bleachers, hardscape areas, restroom facility, and empty all trash cans and dispose of in provided dumpster. Maintain a clean and organized batting cage. i. The School District shall inform the Mount Vernon Parks Office of any facility/structure repairs that are needed. 2. School District must submit to the Parks and Enrichment Services Department, via email, a game schedule prior to the first game of the season and keep the City updated via email of any schedule changes. 3. Any post season play after May 31, 2025, must be scheduled with the City of Mount Vernon Parks Office as soon as possible. The H/Admin/Contracts & Agreements/Mount Vernon School District/Agreements/2023 Field Sharing Agreement, Page 1 of 6  City shall employ good faith efforts to accommodate post season play that extends past May 31, 2025. ii. City shall perform the following during the use period set forth above: 1. City will provide drying agent and infield ballfield mix for infield maintenance needs. 2. City will provide the necessary power equipment, fuel, and hand tools for field maintenance tasks along with necessary training to School District staff. a. All equipment checked-out to the School District will be listed on the Equipment Check-out Form attached as Exhibit B. Prior to use of any City equipment for either field leased through this Agreement the School District shall enter into an Equipment Use Agreement attached. 3. City will provide and keep stocked all consumable products for the restrooms. 4. City will be responsible for any and all repairs to structures and facilities. If repair is due to School District use, School District shall be responsible for repair costs as determined by the Mount Vernon Parks staff. b. First Priority scheduled use of Kiwanis Park softball field. i. School District shall perform and be responsible for the following during the use period set forth above: 1. School District is responsible for all game prep, maintaining the ballfield lines and cleaning the bleachers after each use. 2. School District must submit to the Parks and Enrichment Services Department, via email, prior to March 3, 2025, a practice schedule. 3. School District must submit to the Parks and Enrichment Services Department, via email, a game schedule prior to the first game of the season and keep the City updated of any schedule changes. 4. Any post season play after May 31, 2025, must be scheduled with the City of Mount Vernon Parks Office as soon as possible. The City shall employ good faith efforts to accommodate post season play that extends past May 31, 2025. ii. City shall perform and be responsible for the following during the use period set forth above: 1. City will maintain the ballfield to include, mowing, edging, and maintaining the infield, along with painting only the first outfield lines. 2. Prior Agreements This Agreement shall supersede any prior agreement between the Parties collectively or individually. The School District shall defend, hold harmless, and indemnify the City for any third-party claiming rights under the Agreement. H/Admin/Contracts & Agreements/Mount Vernon School District/Agreements/2023 Field Sharing Agreement, Page 2 of 6  3. Payment The School District shall pay to the City ten thousand dollars ($10,000) for the exclusive use of Sherman Anderson Baseball Field and priority use of the baseball/softball field at Kiwanis Park. The City will invoice the School District at the conclusion of the baseball and softball seasons. 4. Walkthroughs Prior to March 2, 2025 a representative from the Mount Vernon City Parks staff and a representative from the School District Maintenance staff will meet on site at Sherman Anderson Baseball Field to conduct a walkthrough of the facility. Walkthrough will include maintenance and safety instructions for the facility and equipment use instruction. At the conclusion of the baseball season, a Mount Vernon City Parks staff representative and a representative from the School District Maintenance staff will meet on site at Sherman Anderson Baseball Field to conduct a follow up walkthrough of the facility to ensure the facility was maintained properly and no safety or maintenance issues are present. 5. Surrender of the Property The School District will surrender possession of the property at the end of the seasonal use and upon termination of this agreement in the same condition in which it was received, ordinary wear and tear excepted. All keys to the Sherman Anderson Facility, including batting cage keys will be surrendered. 6. Compliance with Laws and Regulations The School District shall comply with all applicable laws, ordinances, and regulations issued pursuant to competent authority and will obtain all necessary licenses and permits governing its use of each other’s property and facilities. 7. Liability to Third Parties and Indemnity The School District agrees to defend, indemnify, save and hold harmless the City and all its officers, agents and employees from any claims, costs, expenses or liability (including legal costs and reasonable attorney’s fees) for any and all claims for damages or injuries or death of any person or loss for damage to property which arises out of the use of the City’s Property described herein of form any activity, work or thing done permitted, or suffered by the School district in or about the City’s Property, except only such injury or damage as shall have been occasioned by the sole negligence of the City. Any claims for liability arising out of design, failure to repair or maintain the facilities including but not limited to playfields, stands, and dugouts, or keep them in good structural repair shall be the responsibility of the School District when such claims relate to the School District’s use of the City’s Property. Provided further that the School District accepts the risk of playing baseball or softball at Sherman Anderson Field and Kiwanis Field and accepts the property and all facilities as is. The School District is aware of the possibility of damages or injuries caused by balls or bats escaping from the playing area into the stands, dugouts, roads, parking areas or surrounding properties. The School District’s duty to defend, indemnify, save, and hold the City harmless pursuant to the terms of this paragraph shall include and not be limited to any damages or injuries that may result from H/Admin/Contracts & Agreements/Mount Vernon School District/Agreements/2023 Field Sharing Agreement, Page 3 of 6  escaping balls or bats, without regard to whether such injuries may be caused by any defects in the facilities. 8. Responsibility for Conduct of Invitees and Others - Security and crowd control are the responsibilities of the School District, which shall use reasonable efforts to ensure that good order is maintained at all times. The School District shall bear the cost of repairs to, or replacement of, property damaged or destroyed by the act or omission of the user, its agents, or invitees (persons on the property with the consent of or the invitation of the user). Further, the School District agrees to defend, indemnify, hold harmless, and be primary insurer for liability under this Section as to the same extent as set out in the section above. 9. Alcoholic Beverages - The School District shall not sell or give away, or permit the selling or giving away, of alcoholic beverages of any kind on the property. The School District shall make reasonable efforts to prohibit the use or possession of alcoholic beverages on the property in accordance with Mount Vernon Municipal Code Title 9; Public Peace, Morals and Welfare; Chapter 9.04 Alcoholic Beverages. 10. Tobacco-Free - To protect the health of students, staff, and the general public, provide a healthy work environment, and promote good health for students, tobacco use is prohibited at Sherman Anderson Baseball Field and Kiwanis Field. This is in accordance with RCW 70.160: Smoking in Public Places; and Mount Vernon Municipal Code Title 8, Health and Safety, Chapter 8.32: Smoking in Public Places. Additionally, the use of marijuana is prohibited on Park property under RCW 69.50.435, WAC 314-55, and Mount Vernon Municipal Code Title 8, Health and Safety, Chapter 8.08: Nuisances. 11. Damage or Alterations to the Property - The School District agrees not to either damage, or permit the damage of, the property by either its own acts or the acts of third persons. The School District is responsible for the cost of any repairs due to property damage beyond normal wear. 12. Advertising - Any posting of advertising matter of any kind, including sponsor signs on the property shall be approved by the City prior to installation and only in places designated by the City for such purposes. Advertising matter for anything other than the activities of the School District hereto may not be posted. All advertising matter of any kind must be removed at the conclusion of use each year. 13. Entry for Inspection - The City retains the right to enter onto the property at any reasonable time to inspect the property, and to conduct necessary maintenance, repair, or alterations. A School District employee shall inspect Sherman Anderson Baseball Field and Kiwanis Field and fences before each use. H/Admin/Contracts & Agreements/Mount Vernon School District/Agreements/2023 Field Sharing Agreement, Page 4 of 6  14. Care of Plumbing Fixtures - No water closet or other drainage apparatus shall be used for any purpose other than that for which it is constructed. The using party shall be liable for damages to plumbing fixtures arising from its negligent conduct. 15. Assignment and Improper Use - The School District shall not assign this agreement or sublet the property. 16. Impossibility of Performance due to Destruction of the Property - If any of the buildings or fixtures on the property are destroyed or damaged in such a manner as to make the property unusable, then this agreement shall be deemed terminated as to such property (or its entirety) on the happening of the event if either party so elects. In case of such a termination, neither party shall be liable for damages or compensation for any losses to the other arising from the termination. Any such termination shall not affect or limit obligations of a party arising out of events, acts or omissions occurring prior to such termination. 17. Certificate of Insurance - The School District shall provide the City proof of liability insurance from the Puget Sound School Risk Management Pool and shall promptly advise the City of any loss of coverage. EXECUTED, for the MOUNT VERNON SCHOOL DISTRICT NO. 320, this the ___________ day of _____________________, 2024. __________________________________________ DR. VICTOR VERGARA, Superintendent of Schools EXECUTED, for the CITY OF MOUNT VERNON, on this date the ___________ day of _____________________, 2024. __________________________________________ PETER DONOVAN, Mayor of Mount Vernon Attest: __________________________ Becky Jensen, City Clerk City of Mount Vernon H/Admin/Contracts & Agreements/Mount Vernon School District/Agreements/2023 Field Sharing Agreement, Page 5 of 6 APPROVED AS TO FORM: _________________________________ Office of the City Attorney ACCEPTED FOR CITY ADMINISTRATION ACCEPTED FOR SCHOOL ADMINISTRATION ____________________________________ ____________________________________ Director of Parks and Enrichment Services Athletic Director H/Admin/Contracts & Agreements/Mount Vernon School District/Agreements/2023 Field Sharing Agreement, Page 6 of 6  Exhibit A Sherman Anderson Baseball Park Fencing Storage of field Maintenance Equipment Dugouts Warning Track Infield Area Restroom & Concession Stand Grass Area Storage Area Batting Cage Fencing Yellow dotted lines indicate the boundary area the School District is responsible for maintaining. School District shall perform and be responsible for the following: Field Maintenance. To include but not be limited to mowing, edging, blowing out lips, maintaining baseball lines including purchase of paint, maintaining infield including game preps, raking, and dragging. Facility Maintenance. To include but not limited to after each daily use clean the dugouts, bleachers, hardscape areas, restroom facility, empty trash cans and dispose of in provided dumpster. Maintain clean and organized batting cage and storage area. The School District agrees not to either damage, or permit the damage of, the property by either its own acts or the acts of third persons. The School District is responsible for the cost of any repairs due to property damage beyond normal wear. A School District employee shall inspect Sherman Anderson Baseball Field and fencing before each use.  Kiwanis Park Softball Field Exhibit A Bleachers Fence Line Infield Grass Area Fence Line Yellow dotted line indicates the area the School District is responsible for maintaining School District shall perform and be responsible for the following: • School District is responsible for all game prep and maintaining the ballfield lines and cleaning the bleachers after each use. The School District agrees not to either damage, or permit the damage of, the property by either its own acts or the acts of third persons. The School District is responsible for the cost of any repairs due to property damage beyond normal wear. A School District employee shall inspect Kiwanis field before each use.  PARKS & ENRICHMENT SERVICES 1717 South 13th Street Mount Vernon, WA 98274 P: (360) 336-6215 E: mvparks@mountvernonwa.gov Exhibit B Equipment Use Agreement EQUIPMENT DESCRIPTION/QUANTITY: NAME OF PERSON BORROWING EQUIPMENT: Borrower’s Phone Number: Affiliated Group/Organization: Organization’s Phone Number: Mailing address: City/Zip: CHECK OUT DATE: RETURN NO LATER THAN DATE: RETURN TO:  Parks Administration Office  Parks Maintenance Shop  Other 1717 South 13th Street 419 Milwaukee Street Mount Vernon 98274 Mount Vernon 98273 TERMS of AGREEMENT With my signature below, I affirm that I am an authorized representative of the organization listed above. I acknowledge receipt of the equipment named above and have found it to be in good working order. I understand that I am responsible for its safe and timely return. I further understand that I will be responsible for the cost of repairs should the equipment be damaged while in my care or for the replacement cost should the equipment be lost, damaged, or stolen while in my care. I agree to release, hold harmless, and indemnify the City of Mount Vernon, its employees, elected officials, and appointed officers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of borrowing the above-named equipment except only such injury or damage as shall have been occasioned by the sole negligence of the City of Mount Vernon. This release is binding as to any other person, including family members, heirs, and executors. Signature: Date: For City Use: Date Returned: MVPR Staff Initials: ☐Returned quantity confirmed ☐Equipment returned in good condition H:\ADMIN\Contracts & Agreements\Mount Vernon School District\Agreements\2025\2025 Exhibit B Equipment Use Agreement.Docx  PARKS & ENRICHMENT SERVICES 1717 South 13th Street Mount Vernon, WA 98274 P: (360) 336-6215 E: mvparks@mountvernonwa.gov Remarks: H:\ADMIN\Contracts & Agreements\Mount Vernon School District\Agreements\2025\2025 Exhibit B Equipment Use Agreement.Docx