City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA March 26, 2025, 7:00 p.m. Police Court Campus, 1805 Continental Place To virtually attend the meeting, the public may: 1. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 2. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA 1. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers 2. APPROVAL OF AGENDA 3. COMMUNITY COMMENTS (This is an opportunity for Mount Vernon residents to address their City Council. Please provide your information on the guest sign-in sheet located on the table near the entrance to the Council Chambers prior to speaking, and 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. If you are unable to attend the meeting and would like to make your comments via Zoom, please submit a request to speak via email to communitycomments@mountvernonwa.gov or by telephone at 360-336-6211. Requests must be received by 4 p.m. on the meeting date.) Interpretation services for Community Comments are available on request. Please contact the City at mvmayor@mountvernonwa.gov or 360-336-6211 at least two business days prior to the meeting if you would like an interpreter to share your comments with City Council. 4. CONSENT AGENDA A. Approval of March 12, 2025, Regular Council Meeting minutes B. Approval of March 20, 2025, Payroll checks numbered 112882 - 112895, direct deposit checks numbered 105702 - 105964, and wire transfers numbered 1434 - 1438 in the amount of $1,630,291.79 C. Approval of March 26, 2025, Claims numbered 29425- 29559, in the amount of $1,786,169.63 Mount Vernon City Council Agenda March 26, 2025 Page 2 of 3 D. Approval of Agreement – Kastle Systems 5. REPORTS A. Committees 1. Finance & Parks and Enrichment Services 2. Development Services B. Councilmember Comments C. Mayor’s Report 6. NEW BUSINESS A. Public Hearing - Community Development Block Grant (CDBG) Annual Action Plan (This is a public hearing to obtain the views of citizens and other interested parties on the housing and non-housing community development needs of the City before a draft CDBG 2025-2026 Action Plan is prepared) (required action – none) (staff contact – Steve Sexton) B. Street Closure Request - Mount Vernon Downtown Association (Staff is requesting approval of the closure of downtown streets for the 2025 Tulip Festival Street Fair.) (required action – motion) (staff contact –Jennifer Berner) 7. EXECUTIVE SESSION 8. ADJOURNMENT  CONSENT ITEM: A City of Mount Vernon City Council Meeting Minutes March 12, 2025 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:03 p.m. Present Councilmembers: Beaton, Brocksmith, Carías, Molenaar, Tercero, and Vander Stoep Absent: Councilmember Hudson (excused) Staff Present: Special Projects Manager Sexton, City Attorney Rogerson, Finance Director Volesky, Assistant Fire Chief Harris, Human Resources Director Keator, Development Services Director Pratschner, City Clerk Jensen, Capital Programs Manager Reinart, Public Works Director Phillips (via Zoom), IT Director Thomas, Parks and Enrichment Services Berner, Police Chief Christman, Library Director Huffman, Engineering Manager Chesterfield Citizens: 17 APROVAL OF AGENDA The agenda was approved as presented COMMUNITY COMMENTS  Ed Johnson, Mount Vernon resident, spoke about housing costs, downtown cameras, MVLC, and downtown parking.  Christine Konert, Mount Vernon resident, spoke about comments made by a councilmember on January 22, 2025, and the reaction of fellow councilmembers.  Geri Douglas, Senior Center board member, spoke about the need for a new senior center and asked for support from Mount Vernon.  Joan Cross, LaConner resident, spoke about westside bridge Mount Vernon City Council March 12, 2025 Page 2 of 6 improvements.  Joseph Shea, representing the Skagit County Parks and Recreation Department spoke about the pending Boundary Line Adjustment and Agreement for Sherman Anderson Park.  CONSENT AGENDA A. Approval of February 26, 2025, Regular Council Meeting minutes B. Approval of March 5, 2025, Payroll checks numbered 112866 - 112880, direct deposit checks numbered 105434 - 15701, and wire transfers numbered 1429 - 1433 in the amount of $1,325,965.91 C. Approval of March 12, 2025, Claims numbered 29261 - 29412, in the amount of $757,462.38 D. Approval of Agreement – Transpo Group E. Approval of Resolution 1069 Councilmember Tercero moved to approve Consent Agenda Items A-E Motion seconded by Councilmember Carías. Motion passed 6-0. REPORTS A. Committees 1. Public Works and Library Committee – see committee minutes for details. 2. Public Safety - see committee details. B. Councilmember Comments  Councilmember Brocksmith invited the public to attend the following events: Skagit Housing Consortium Teams meeting, Tuesday March 18th at 1 pm; Host Homes Town Hall at the Library Commons, March 18th at 6 pm; MV HOPE at YMCA March 19th at 12 pm.  Councilmember Vander Stoep expressed support for a partnership with Skagit County for the Senior Center. C. Mayor’s Report  Mayor Donovan, spoke about a resolution presented by a member of the public at the February 16, 2025, City Council meeting supporting Keep Washington Working, the Police Department’s recent statement regarding the topic, and the City’s efforts to engage with residents.  Representatives from the 40th Legislative District will host a Town Hall meeting on March 15, 2025 at the Mount Vernon Library Commons Community Room from 11 am to 12 pm. Mount Vernon City Council March 12, 2025 Page 3 of 6 NEW BUSINESS A. Presentation - Skagit Valley Clean Energy Alliance: Mary Wohleb from Skagit Valley Clean Energy Alliance provided an overview of their Solarize Skagit program, as well as goals and plans. B. Public Hearing and Adoption of Ordinance – Mount Vernon Municipal (MVMC) Chapter 17.73, 17.06, and 17.102 Accessory Dwelling Units: Ms. Pratschner stated that this is public hearing to accept comments regarding the renewal of modifications to MVMC Chapter 7.73. 17.06, and 17.102, Accessory Dwelling Units and a request to approve the regulations with the adoption of Ordinance 3909. Councilmember Beaton moved to approve the renewal of modifications to MVMC Chapter 17.73, 17.06, and 17.102, Accessory Dwelling Units, with Ordinance 3909. Motion seconded by Councilmember Brocksmith. Motion passed 6-0. C. Approval of Appointment to Skagit County Emergency Management Advisory Board (EMAB): Mr. Harris requested approval of his appointment to the Skagit County EMAB, by Mayor Donovan. Councilmember Vander Stoep moved to approve the appointment of Bryan Harris to the EMAB. Motion seconded by Councilmember Carias. Motion passed 6-0. D. Reclassification of Position of GIS Specialist to GIS and Asset Management Specialist: Mr. Phillips requested approval of the reclassification of the position of GIS Specialist to GIS and Asset Management Specialist. Councilmember Vander Stoep moved to approve the reclassification of the GIS Specialist position to GIS and Asset Management Specialist. Motion seconded by Councilmember Beaton. Motion passed 6-0. E. Approval of Agreement - City of Anacortes: Mr. Phillips requested approval of an agreement with the City of Anacortes to provide mutual assistance of public works services. Mount Vernon City Council March 12, 2025 Page 4 of 6 Councilmember Tercero moved to approve an agreement with City of Anacortes to provide mutual assistance of public works services. Motion seconded by Councilmember Molenaar. Motion passed 6-0. F. Approval of Martin Marietta Quarry Road Relocation: Ms. Berner requested approval of the relocation of the Martin Marietta Quarry road to provide access for maintenance and additional space on the ground floor for future park development. Councilmember Carías moved to approve relocation of the Martin Marietta Quarry road. Motion seconded by Councilmember Tercero. Motion passed 6-0. G. Approval of Charter for the Land Use Citizen Advisory Committee: Ms. Pratschner requested approval of a Work Plan and Charter for the Land Use Citizen Advisory Committee. Councilmember Beaton moved to approve the Work Plan and Charter for the Land Use Citizen Advisory Committee. Motion seconded by Councilmember Brocksmith. Motion passed 6-0. H. Approval of Charter for the Climate Planning Citizen Advisory Committee: Ms. Pratschner requested approval of a Work Plan and Charter for the Climate Planning Citizen Advisory Committee. Councilmember Brocksmith moved to approve the Work Plan and Charter for the Climate Planning Citizen Advisory Committee. Motion seconded by Councilmember Vander Stoep. Motion passed 6-0. I. Adoption of Ordinance - Mount Vernon Municipal (MVMC) Chapter 10.20 Parking Zones: Mr. Rogerson requested approval of Ordinance 3910 extending the term of parking mitigation for the Mount Vernon Library Commons Project, MVMC Chapter 10.0 Parking Zones. Councilmember Molenaar moved to approve extending the term of parking mitigation with the adoption of Ordinance 3910. Motion seconded by Councilmember Beaton. Motion passed 6-0. J. Public Hearing and Adoption of Ordinance - Mount Vernon Municipal Code (MVMC) Chapter 14.05, Procedures: Ms. Pratschner stated that this is a continuation of the public hearing to accept comments regarding modifications to MCMV Chapter 14.05, Procedures, and a request to Mount Vernon City Council March 12, 2025 Page 5 of 6 approve the regulations with the adoption of Ordinance 3911. The amendments ensure the City’s compliance with requirements of HB5290. Mayor Donovan opened the public hearing. Hearing no comments, Mayor Donovan closed the public hearing. Councilmember Brocksmith moved to approve the modifications to MVMC Chapter 14.05, Procedures, with Ordinance 3911. Motion seconded by Councilmember Molenaar. Motion passed 6-0. K. Approval of Agreement - Skagit County: Ms. Berner requested approval of an agreement with Skagit County and a Boundary Line Adjustment (BLA) at Sherman Anderson Park. Each entity is conveying property to the other with the BLA. Councilmember Brocksmith moved to approve an agreement with Skagit County and the Boundary Line Adjustment at Sherman Anderson Park. Motion seconded by Councilmember Beaton. Motion passed 6-0. L. Approval of Agreement - Cities of Mount Vernon, Burlington, Sedro- Woolley, and Anacortes: Mr. Sexton requested approval of an interlocal agreement with the Cities of Mount Vernon, Burlington, Sedro-Woolley, and Anacortes for the provision of indigent defense services. Councilmember Vander Stoep moved to approve an agreement with the Cities of Burlington, Sedro- Wooley, and Sero-Woolley. Motion seconded by Councilmember Carías. Motion passed 6-0. EXECUTIVE SESSION Council adjourned into Executive Session at 8:20 p.m. for a period of ten minutes to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence matter, pursuant to RCW 42.30.110.1(i). The regular meeting will reconvene at 8:29; there will be no action following the session. ADJOURNMENT Mount Vernon City Council March 12, 2025 Page 6 of 6 The meeting reconvened and adjourned at 8:30 p.m. Submitted by: Becky Jensen, City Clerk Approved: March 26, 2025  CONSENT ITEM: D DATE: March 26, 2025 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: MOUNT VERNON LIBRARY COMMONS (MVLC) VIRTUAL SECURITY MONITORING CONTRACT WITH KASTLE SYSTEMS RECOMMENDED ACTION: City Staff recommends the City Council authorize the Mayor to enter into agreement with Kastle Security for virtual garage security monitoring beginning April 1, 2025. The monthly cost for service is $4,456.70 including tax. INTRODUCTION/BACKGROUND: MVLC garage is required to be open 24/7/365 per federal grant funding source requirements. A business case analysis was conducted to determine the cost difference between staffed and virtual garage security monitoring: Staffed Annual Option - $271,750 including tax; Virtual Annual Option - $53,480.40. City Staff recommends the virtual security monitoring option. If/when a security concern is observed, Kastle Systems Security Technician will contact Skagit 911 for any security issues. FINDINGS/CONCLUSIONS: Please see the background information. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to enter into agreement with Kastle Security for virtual garage security monitoring beginning April 1, 2025. The monthly cost for service is $4,456.70 including tax. ATTACHED: Contract – Service Agreement | SERVICE AGREEMENT Mount Vernon Library Commons 208 W Kincaid St. Mount Vernon, WA 98273 Issued: February 19, 2025 Prepared By: 1201 Second Ave Fawn Denton Seattle, WA 98101 www.kastle.com E Fawn.Denton@kastle.com (206) 580-8755 (310) 645-1661  February 19, 2025 THANK YOU Thank you for considering Kastle Systems as your security provider. Since 1972, smart customers like you have chosen Kastle to protect the organization they have worked so hard to build. We are proud to protect the assets, people and property of our clients and our commitment to doing so has earned Kastle the privilege of becoming the Leader in Managed Security, protecting over 40,000 businesses nationwide. OUR COMMITMENT TO YOU Whether you are implementing a new security program or expanding your Kastle system, we are committed to be your best service provider by making your security the most effective, efficient and convenient that it can be. We provide a unique service with a proven track record that combines people, process and technology to deliver 24x7 reliable protection. We offer a state-of-the-art integrated security system designed to fit your requirements which, depending on your needs, can include physical access control, intrusion detection, video surveillance, visitor management and environmental sensors, all backed by expert monitoring, maintenance, and reporting. You will benefit from our ongoing investment in technology to continuously enhance our service so that your security program remains industry-leading. We are committed to deliver you a solution that is: Response-focused – We will promptly address critical security alarms and system repair. Reliable – Our systems are Underwriters Laboratories (UL) and The Monitoring Association (TMA) 5 Diamond certified to deliver industry-best performance, redundancy and resiliency. Convenient – Kastle’s cloud-based systems give you the flexibility to easily manage security from anywhere on any device with central visibility across multiple sites. Simple – We design our systems to enhance the user experience by integrating the operations of security, building systems, occupant behavior, and administrative control to maintain security without complication. Confidential 2 VA PSSBL #11-2295  February 19, 2025 KASTLE’S END-TO-END MANAGED SERVICE Kastle is unique in its full service approach. When you install a Kastle system, you are not just adding hardware or software, but a resilient infrastructure supported by a dedicated, responsive, 24x7 team. Unlike others, Kastle brings together services for clients under one roof and with one team to ensure that there are no gaps in security, from design through daily operation. Kastle provides the design, implementation, staffing, monitoring, programming, maintenance and system administration functions necessary to maintain optimal performance of your system on a daily basis, including: Design: We create security solutions based on an expert responding to critical signals that are reported to assessment of your unique environment and needs. your administrators. Integrate: We partner with the leading manufacturers Protect: We take responsibility for security in our industry and can build open, standardized procedures, database management, and systems suited to you. reporting on trends and events, delivering the highest level of preparedness. Install: We implement our designs using industry best practices, with minimal business interruption. Support: Kastle Systems’ dedicated account managers work as your main point of contact Maintain: Your system operates in peak condition while our tools and organization ensure we can because we repair, replace, and warranty our products always assist you quickly. – including free ongoing software upgrades. Safeguard: We strengthen your business Monitor: Our team of trained operators works in continuity plans with redundancy in power, the industry’s most advanced centers 24 x 7, connectivity, support coverage, and data storage Confidential 3 VA PSSBL #11-2295  Februay 19, 2025 SERVICE AGREEMENT THIS SERVICE AGREEMENT is made by and between KASTLE SYSTEMS OF LOS ANGELES PARTNERSHIP “Kastle” and Mount Vernon (“Customer” and sometimes “You”) each individually referred to as a “Party” and collectively referred to as the “Parties”). Kastle provides state of the art security detection and access control systems and Customer desires to engage Kastle to provide the Services more fully described in the Scope of Work below. IN CONSIDERATION of the mutual promises, agreements and consideration contained in this Agreement, Kastle and Customer agree as follows: KASTLE SYSTEMS OF LOS ANGELES For:* Mount Vernon For: PARTNERSHIP ___________________________ Signature* Signature ___________________________ Peter Donovan ___________________________ Print Name* Print Name Kelley Bryant Mayor ___________________________ Title* Title Sr. Contracts Administrator ___________________________ Date* Date ___________________________ 910 Cleveland Ave ___________________________ Address* Address 1092 N. Tustin Avenue Mount Vernon ___________________________ City* Anaheim WA, 98273 ___________________________ State & Zip* CA 92807 (360) 336-6204 ___________________________ Phone* Phone (310) 645-0222 ___________________________ Fax Fax (310) 645-1661 mvengineering@mountvernonwa.gov ___________________________ Email* Email kbryant@kastle.com Hera Hu ___________________________ Billing Contact* Billing Contact Accounts Payable ___________________________ Title* Billing Contact Email* accountspayable@mountvernonwa.gov ___________________________ Bill to Address (if different from above): Attest _________________________________ ___________________________ Becky Jensen, City Clerk, Mount Vernon Street ___________________________ City Approved as to Form ________________________ Kevin Rogerson, City Attorney State & Zip ___________________________ CONFIDENTIAL 1 VA PSSBL #11-2295  February 19, 2025 SCOPE OF WORK Kastle will furnish all labor, supplies, materials and equipment necessary to perform access and security monitoring services as described below upon such terms and conditions provided herein. The Services will be provided to the Customer at the Customer’s property (“Premises”) having an address indicated below. A. Customer Premises Installation Address: 208 W Kincaid St Mount Vernon, WA 98273 B. What Kastle is Providing: VIDEO SYSTEM 1 Provide and install a KastleVideo IP Camera Gateway for dual streaming of Video Guarding: • Dual Streaming for the purposes of Kastle Remote Video Guarding.Verkada licensing must remain active and up to date. • The use of 3rd party cameras requires the end user to ensure the cameras are positioned properly and fully functional in order for KRG to be effective. • Price assumes the customer provides username and password for all cameras. If not provided, additional labor charges will be added at prevailing labor rates. Location: (19 Cameras with 40 lens views for KVG) • - LC-PG-NW-STAIRWELL-FLOOR 3 • - LC-PG-NW-STAIRWELL-FLOOR 2 • - LC-PG-NW-STAIRWELL-FLOOR 1-1/2 • - LC-PG-NW-STAIRWELL-STREET LEVEL • - LC-PG2-W-END-LOOKING-NORTH • - LC-PG2-W-END-LOOKING-EAST • - LC-PG2-W-END-LOOKING-SOUTH • - LC-PG2-W-END-LOOKING-WEST • - LC-PG2-N-CENTER-LOOKING EAST • - LC-PG2-N-CENTER-LOOKING SOUTH • - LC-PG2-N-CENTER-LOOKING WEST • - LC-PG2-S-CENTER-LOOKING NORTH • - LC-PG2-S-CENTER-LOOKING EAST • - LC-PG2-S-CENTER-LOOKING WEST • - LC-PG2-E-MEZZ-LOOKING-NORTH • - LC-PG2-E-MEZZ-LOOKING-SOUTH • - LC-PG2-E-MEZZ-LOOKING-WEST • - LC-PG2-MEZZANINE-LOOKING S • - LC-PG-NE-STAIRWELL-FLOOR 4 • - LC-PG-NE-STAIRWELL-FLOOR 3 • - LC-PG-NE-STAIRWELL-FLOOR 2 • - LC-PG-NE-STAIRWELL-FLOOR 1-1/2 • - LC-PG-NE-STAIRWELL-STREET LEVEL CONFIDENTIAL 2 VA PSSBL #11-2295  February 19, 2025 • - LC-PG3-NW-END-LOOKING NORTH • - LC-PG3-NW-END-LOOKING EAST • - LC-PG3-NW-END-LOOKING SE • - LC-PG3-NW-END-LOOKING WEST • - LC-PG4-NW-ELEVATOR-LOOKING NORTH • - LC-PG4-NW-ELEVATOR-LOOKING SOUTH • - LC-PG4-NW-ELEVATOR-LOOKING EAST • - LC-PG4-NW-ELEVATOR-LOOKING WEST • - PG4-SE CENTER RAMP WEST VIEW • - LC-PG4-NE-ELEVATOR LOOKING EAST • - LC-PG4-NE-ELEVATOR LOOKING SOUTH • - LC-PG3-N-CENTER-LOOKING EAST • - LC-PG3-N-CENTER-LOOKING SOUTH • - LC-PG3-N-CENTER-LOOKING WEST • - LC-PG3-E-END-LOOKING NORTH • - LC-PG3-E-END-LOOKING SOUTH • - LC-PG3-E-END-LOOKING WEST REMOTE VIDEO GUARDING SERVICES The implementation of an effective CCTV system alone certainly has security and other benefits. However, used in conjunction with other security measures such as video patrols and analytic event-based video monitoring, it certainly provides additional benefits such as a cost-effective alternative or a compliment to leverage physical guarding presence when necessary and scheduled look-ins for site compliance or real-time analytic event-based alerts to our monitoring professionals to respond to issues in progress or liabilities on property. Remote Video Patrols As an alternative or supplement to a physical guard patrol, the use of strategically placed CCTV cameras allows for scheduled and verified patrols to be conducted without being present on site. This is an effective crime prevention mechanism as criminals who are usually able to evade a physical security officer by monitoring and learning their behavior will not be able to predict the time or frequency of remote video patrols. This service is also not dependent on weather or local conditions as the scheduled patrol look-ins are virtual – if the system is accessible, the patrols will continue to be initiated. It is also possible to verify operational items during a video patrol such as a full dumpster, illegally parked vehicle, long term loitering of groups or individuals in specific areas, obvious property damage. Our operators can check for a defined set of incident types per patrol. This list can be changed with mutual agreement. Event-based Monitoring Using AI video analytics, Kastle Systems can ascertain and interpret defined events at your location such as loitering, access to your pool after hours or other access to restricted areas in a near real-time activation and delivery to our monitoring professionals. Often times, video analytic event monitoring views require repositioning of your existing cameras or additional cameras beyond general security views. These video analytic events create alarm conditions, CONFIDENTIAL 3 VA PSSBL #11-2295  February 19, 2025 streaming relevant video to the Kastle Systems Video Operations Center. Kastle Systems operators view the video to confirm the validity of the event. A live audio challenge can be issued to the perpetrator to deter their actions and if they do not leave, Kastle Systems can then notify local authorities and relevant personnel as agreed upon by defined escalation procedures. An incident report will be created and delivered to a defined list of contacts following the incident as part of a professional service package. Video Analytics transform a camera system from purely passive forensic recorded video viewing into a near real-time, actionable, intelligent security solution to help reduce damage, loss and other negative acts to the people, property, and assets on location. Please note the following: • Analytic Event-based monitoring requires a level of interpretation and subjective decision making on behalf of the Operator. It is not always possible to accurately and consistently determine “suspicious” behavior or “authorized” personnel. Therefore, the rules of engagement must be discussed and agreed on per camera video stream and not generically across the site and may be adjusted from time to time based on changes or needs. If these changes or needs that create adjustments impact the event volume increase, there will be a change in your billing services with prior notification. • Analytic Event-based monitoring is reliant on the programming of video analytics as well as the angles of the camera and lens adjustments. The fields of view the cameras are observing may have obstructions that impact tracking of people and vehicles through the camera view. In some cases, camera views may need to be adjusted or analytics may need to be re-programmed following a consultation with the Customer’s representative. • Note that moving vegetation, flashing lights or severe weather may cause nuisance analytic events. To avoid overage charges, we may request trimming of vegetation or adjustments to site lighting or illumination. Poor lighting conditions may cause missed events and it is always recommended to install proper lighting to ensure the highest level of detection. Lastly, site activity and access by employees, or service providers may require prior notification before coming onsite to ensure the service is as designed. Incident Escalations While most patrols or analytics events are non-actionable, some of them will require escalation for further investigation or for action to be taken by on-site guards, law enforcement or property management. When such escalation occurs, it is called an incident and our operators provide additional context and guidance to responders to assist them with locating the area of the incident and successfully close it. An incident report will also be created and sent for each occurrence with an incident response. The following services are proposed subject to the additional Kastle Video Guarding (KVG) Terms included below. KRVG Service Max Service Units Monthly Volume Incident Dispatches 35 $350.00 Events 2800 $3,670.00 Patrols 40 $80.00 Total KVG RMR $4,100.00 The Kastle Video Guarding services fees of $4,100.00 are included in the Total Operations fees for Video listed in the Price Summary. CONFIDENTIAL 4 VA PSSBL #11-2295  February 19, 2025 Scope of Work Design: CONFIDENTIAL 5 VA PSSBL #11-2295  February 19, 2025 CONFIDENTIAL 6 VA PSSBL #11-2295  February 19, 2025 KVG Event Overage Fees When event volume exceeds the above amount, we will advise you to consider changes to monitoring schedules, zones, loiter times, etc. to reduce event volume. Should event volume exceed the above monthly volume over a 90- day period (e.g., 1000 events contracted but 1450 events processed), additional events over contracted amounts, your monthly fee will increase by $100 for each unit of 100 events above the event volume shown above. Overage fees will be in increments of $100 per 100 event units and will not be pro-rated. PRICE SUMMARY Installation Monthly Operations Video Total $10,850.00 $4,100.00 Discount* -$10,850.00 $360.80 Total $0.00 $4,460.80 • Maintenance not included for Verkada cameras. Verkada system must remain active and online. • *Discount valid through March 28th, 2025. • The prices in this agreement are based on the assumption that existing equipment is in proper working condition and if it is found to be in the need of repair or replacement, Kastle reserves the right to charge additional fees to repair or replace with Customer’s written approval and agreement. CONFIDENTIAL 7 VA PSSBL #11-2295  February 19, 2025 C. Term The Term of the Monthly Operations Services under the Agreement is thirty-six months (36) from the date of monitoring going live. Kastle will provide written communication and notice via emails of the date of monitoring going live. At the expiration of the initial Term, the Agreement shall automatically renew for subsequent periods of one (36) months unless either party gives the other written notice of termination at least thirty (30) days prior to the expiration of the current term. Customer shall have the right to cancel Kastle’s Services with 30 days written. CONFIDENTIAL 6 VA PSSBL #11-2295  SERVICE AGREEMENT This Service Agreement (“Agreement”) effective as of the last date of signature (“Effective Date”), is made and entered into by and between Kastle Systems of Los Angeles Partnership (“Kastle” or “Kastle Systems”) and City of Mount Vernon, having a principal place of business at 208 W Kincaid St., Mount Vernon, WA 98273 (“Customer”), for the provision of Video System Installation and Video Guarding and Video Monitoring Services and Maintenance Services at the Site Address listed in Section 3 below. 1. Services Provided and Remote Video Guarding Terms 1.1 Scope of Work. Kastle will provide remote video monitoring services using the System of video cameras and audio devices employed by the Customer at the Premises, i.e. the "System". Kastle will provide one or multiple of the monitoring services more fully described below and indicated in the Scope of Work, attached hereto. 1.2 Event-based Monitoring: Is a service that uses software analytics either on the camera or other hardware devices to detect motion classified by the analytics software as actionable and generates an alarm during monitoring hours. This alarm is forwarded to the Kastle's 24/7 Monitoring Center for an Operator to act on based on specific, pre-determined conditions mutually agreed and accepted by Customer and Kastle. Kastle may not be the manufacturer, or the camera, recorder or the video analytics software applied to the camera or hardware installed. Representations of detection criteria and limitations are governed by the equipment manufacturer's specifications. In all cases, object motion must be classified by the Software as a person or vehicle and of a specific duration to create an alarm event. Factors required for video alarm event generation include adequate lighting, the subject appearing fully within the camera's detection range for the amount of time specified as the duration. Once an alarm event is generated, it must be presented to and interpreted by a remote video Operator. This process is not instantaneous, and therefore a delay period between camera detection and Operator response exists. 1.3 Monitoring for Loitering: The loitering service uses software analytics either on the camera or other hardware device to detect if a person or vehicle remains in the field of view of the camera for a pre-determined period during monitoring hours. Once the conditions generate an alarm, this alarm is forwarded to the Monitoring Center for an Operator to action based on specific, pre-determined instructions mutually agreed and accepted by Customer and Kastle. Loitering is a form of event-based monitoring, and as such, the same limitations and exclusions apply to monitoring for loitering. 1.4 Remote Video Patrols: This service requires an Operator in the Monitoring Center to remotely access groups of pre-determined cameras during pre-determined windows of time to perform a virtual patrol of the property. The video patrol is similar to that of a patrol usually conducted by an on-site security officer; however, constrained to the camera(s) field of view during any such patrol(s). During video patrols, the Operator will pay special attention to specific, pre-determined conditions mutually agreed and accepted by Customer and Kastle and escalate or report any breaches to the Customer in a pre-determined manner. The Customer acknowledges that the Operator can only see and action what is visible in the field of view of the camera at the time of the video patrol. The Customer further acknowledges that the placement of the cameras, lighting, and other environmental factors influence the effectiveness of video patrols.  1.5 Monitoring Conditions. The Customer explicitly acknowledges that, as with physical guarding, all types of remote video monitoring requires a level of subjective decision making on behalf of the Operator. It is not possible to accurately and, or consistently determine "suspicious" behavior or "authorized" personnel. The Customer understands and agrees that remote video monitoring services are not intended to provide personal protection or safety to persons or property on-site. 1.6 Remote Access. The Customer authorizes Kastle and its representatives to remotely access their CCTV surveillance system and other equipped outputs in real-time to be able to perform their duties, including equipment such as sirens, strobes, access control systems, public address systems, and such other 'Customer's systems necessary to perform the Services. 1.7 Public Records. Kastle acknowledges that the Customer is subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned, used, or retained by the Customer are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the Customer or Kastle. Kastle shall cooperate with the Customer so that the Customer may comply with all of its obligations under the Act. Kastle shall retain all records it possesses or creates arising from the performance of this Agreement including but not limited reports and shall retain all public records it possesses. The contractor shall keep all records produced during the contract term, agree to conduct a reasonable search, and provide those requested by the Customer promptly upon request, and then provide them at the end of the contract or duration of the Agreement. Within ten (10) days after receipt of notice from the Customer, Kastle shall deliver to the Customer copies of all records relating to this Agreement that the Customer determines qualify as the public records under the Act. Prior to termination, Kastle shall deliver to Customer all records it has retained arising from the performance of this Agreement in a manner reasonably requested by Customer. In addition to its other indemnification and defense obligations under this Agreement, Kastle shall indemnify and defend the Customer from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Kastle to comply with this Section. 2. Fees. 2.1 Service Fees for Event Based Monitoring is based on the number of the number of anticipated total events, patrols and incidents provided each month for the Premises. In consideration of the Services provided herein, the Customer agrees to timely pay Kastle the Monthly Remote Video Guarding Fee according to the pricing provided in the Scope of Workabove. 2.2 The parties agree that if the number of events increase 10% or greater of estimates OR the number of events decreases be 10% or greater of estimates over a 90-day period, Kastle can adjust the monthly Service Fee accordingly and make proportional adjustments. 2.3 The Monthly Monitoring Fee will be due and payable on a monthly basis in advance. Such fees are due and payable even if owner provided items such as internet connectivity or power prevent normal system operation. 2.4 Unless otherwise specifically noted to the contrary herein, payment of invoiced amounts is due net thirty (30) days from the invoice date. Applicable sales taxes are not included in the monthly price. Taxes will be calculated and added to the final price at the time of invoicing, unless an exemption certificate has been provided. 3. Site Address. 208 W Kincaid St. Mount Vernon, WA 98273 4. Internet/Video Access 4.1 The Customer is responsible for supplying dedicated high-speed internet access at the Premises. Kastle does not provide or maintain an internet connection or access to the Verkada video feed. Kastle is not responsible for the interruption to service or downtime of remote access caused by the loss of internet services or loss of access to Verkada video feed. 4.2 The Customer acknowledges that signals which are transmitted over telephone lines, wire, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of Kastle and are not maintained by Kastle. Kastle shall not be responsible for any failure which prevents transmission signals from reaching the monitoring center or damages arising therefrom, or for data corruption, theft, or viruses to the Customers computers if connected to the network. Electronic data may not be encrypted, and wireless components of the VMS may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the U.S. National Institute of Standards and Technology. Kastle shall have no liability for access to the System by others. 4.3 Kastle may temporarily suspend its service in the event Kastle’s Monitoring Center or the relevant communication network is nonoperational, or Customer's system is sending excessive false alarms without evidence of unwanted activity, until such issue can be resolved by Customer and Kastle. Kastle shall provide notice of its suspension as soon as possible. Notice shall include the reasons for suspension, a projected time of suspension, and propose action(s) needed of Customer to remove the suspension. 5. Kastle’s Liability. Kastle is not an insurer under this Agreement. The payments set forth in this Agreement as amended, are based solely on the established value of the System (“System” as defined in Kastle’s accepted Proposal) and the services to be provided hereunder. Because of the nature of the System and the services to be provided, the Parties agree that Kastle's liability for damages shall be limited in the manner described below. 5.1 Limitation of Liability. IF KASTLE IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY TO ANY DEGREE UNDER ANY LEGAL THEORY DUE TO A FAILURE OF SERVICES, SYSTEM OR EQUIPMENT IN ANY RESPECT, IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF KASTLE, ITS SUBSIDIARIES AND OTHER AFFILIATES, ITS/THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, UNDER THIS AGREEMENT IN THE AGGREGATE EXCEED THE SUM OF THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE LOSS. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS, OR DAMAGE TO GOODWILL, LOSS OF DATA OR LOSS OF USE DAMAGES) ARISING OUT OF THIS AGREEMENT (INCLUDING ANY SCOPE OF WORK), REGARDLESS OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT KASTLE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT CERTAIN LIABILITIES, KASTLE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 6. Force Majeure, Acts of War or Terrorism. Notwithstanding anything in this Agreement to the contrary, Kastle shall not be liable for any damages (including, without limit, personal injuries or death or property damage or any sort, whether tangible or intangible, or any special, indirect, incidental or consequential damages) caused by forces  beyond its control including viral or bacterial pandemics or Force Majeure, or contributed to or in any way arising directly or indirectly out of or in connection with “war” (whether or not declared), or any act or condition incident to war, or “terrorism”, as such terms may be defined in any applicable insurance policies maintained by Kastle at the time of the occurrence in issue or as any of such events or conditions may be verified or recognized by the United States Government as an act of war or terrorism, or any similar occurrences now or hereafter excluded from Kastle’s applicable insurance policies. 7. Effect of Unauthorized Modification. In the event Customer or any agent of Customer modifies or attempts to modify the System without the express written authority of Kastle and such unauthorized modification is in any way a contributing proximate cause of a loss, the parties agree that notwithstanding any other contributing proximate cause of such loss, Kastle shall not be liable for any damages to the extent arising from or which are claimed to have arisen from such loss including, without limit, special, indirect, incidental or consequential damages arising from or which are claimed to have arisen from any unauthorized entry, damaged or stolen property, or property which may have become unoccupied. 8. REPRESENTATIONS AND WARRANTIES. KASTLE MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. KASTLE DOES NOT REPRESENT NOR WARRANT THAT THE SYSTEM AND NOTIFICATIONS WILL NOT BE COMPROMISED OR CIRCUMVENTED, THAT CUSTOMER’S SYSTEM WILL PREVENT ANY LOSS, INJURY OR DAMAGE, WHETHER BY A THIRD PARTY, CRIMINAL ACTIVITY, FIRE OR OTHERWISE; THAT CUSTOMER’S SYSTEM OR THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR INTERRUPTION; OR THAT THE PROCESS WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH IT WAS INSTALLED AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THIS WARRANTY DOES NOT COVER ANY DAMAGE TO MATERIAL OR EQUIPMENT CAUSED BY LIGHTNING, POWER SURGES, OR OTHER ACTS OF GOD; INTRUSION, ACCIDENT, MISUSE, NEGLIGENCE BY CUSTOMER, CUSTOMER’S FAILURE TO SECURE THE PREMISES OR MONITOR THE CUSTOMER’S PREMISES; FIRE, THEFT, VANDALISM, WATER DAMAGE, ATTEMPTED REPAIR SERVICE, MODIFICATION OR IMPROPER REPAIR BY ANYONE OTHER THAN KASTLE OR IF FOR ANY REASON KASTLE DETERMINES THAT THE CUSTOMER’S SYSTEM OR ANY PARTS THEREOF ARE NOT OPERATING PROPERLY AS A RESULT OF CAUSES OTHER THAN POOR WORKMANSHIP OR DEFFECTIVE MATERIALS. KASTLE WILL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE TERM OF THE EXPRESS WARRANTY, IF ANY. 9. Miscellaneous. 9.1 Term and Termination. This Agreement will begin as of the Effective Date and will continue for thirty-six (36) months, and will automatically renew for a term of an additional thirty-six (36) months unless terminated by either Party. Kastle and Customer shall have the right to terminate this Agreement at any time, without cause, by providing written notice of termination to the other party, at least thirty (30) days in advance of termination. 9.2 Defined Terms; Conflicts. Capitalized terms used herein, but not otherwise defined, shall have the meanings ascribed to them in the Agreement. In the event of a conflict between the terms of this Addendum and the terms of the Agreement, the terms of this Addendum shall control. 9.3 Entire Agreement. This Agreement, the Scope of Work, and the documents referred to in each of them, constitute the entire Agreement between Customer and Kastle and supersede any previous oral or written understanding, commitment, contract or representation related to the subject matter hereof. Except to the extent explicitly amended or superseded by this Addendum, the terms of the Agreement remain unchanged and in full force and effect. 9.4 Severability. If any provision of this Addendum is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability will not affect the other provisions of this Addendum which shall remain in full force and effect. 9.5 Counterparts. This Addendum may be executed in any number of counterparts, each of which when so executed and delivered will constitute an original, and all such counterparts together will constitute one and the same instrument. 9.6 Technical Issues: If Kastle experiences any technical difficulty monitoring the Mount Vernon Library Commons, they shall notify Skagit Regional 911, Mount Vernon Public Works Director @ MVEngineering@mountvernonwa.gov and Public Works phone: 360-630- 7563 as soon as practical (notionally within 30 minutes of remote service interruption). Accepted and Agreed: Kastle: Customer: Kastle Systems of Los Angeles Partnership City of Mount Vernon By: Name: Name: Title: Senior Director, Legal Counsel Title: Date: 3/10/2025 Date:  NEW BUSINESS ITEM: A DATE: March 26, 2025 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2025-2026 CDBG ANNUAL ACTION PLAN RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the housing and non-housing community development needs of the City before a draft Community Development Block Grant (CDBG) 2025-2026 Annual Action Plan is prepared. The amount of the City’s 2024 CDBG allotment has not yet been determined by HUD. In previous years the City’s allocations have been: --2024: $360,931 --2022: $359,983 --2021: $369,122 --2020: $383,000 FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: None ATTACHED: Public Notice of Funding and Public Hearing for the City’s 2025-2026 Annual Action Plan  NEW BUSINESS ITEM: B DATE: March 26, 2025 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Director SUBJECT: TULIP FESTIVAL STREET FAIR STREET CLOSURE REQUEST RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for the 2025 Tulip Festival Street Fair. INTRODUCTION/BACKGROUND: The Mount Vernon Downtown Association is hosting the annual Tulip Festival Street Fair on Cleveland Avenue and South 1st Street. This year they are extending the south end of the event and the related street closure to Milwaukee Street. They are requesting the closure of nearby streets to accommodate the proposed event. FINDINGS/CONCLUSIONS: For the safety of all vendors and participants, the Downtown Association is asking that Cleveland Avenue from the north side of Milwaukee to the south end of Division be closed beginning April 17th at 2:00pm and reopening on April 20th at 9pm. They are requesting all intersecting roads be closed to traffic as well; Pine Street, Myrtle Street, Gates, Montgomery Street, and Washington Street from Main Street to 2nd Street, and Snoqualmie Street, Broadway, and W Kincaid from S 1st Street to S 2nd Street. The Downtown Association is asking for the section of Cleveland Avenue between Milwaukee and Snoqualmie remain closed until Monday April 21st 10am to accommodate removal of rented stage and tents. The Downtown Association has been in contact with, and received support from, the businesses affected by the extended closure. RECOMMENDATION: Staff recommends the approval of the Street Closure Request for the 2024 Tulip Festival Street Fair. ATTACHED: 2025 Tulip Festival Street Fair Extended Closure Traffic Plan  Cleveland Ave Milwaukee Snoqualmie W. Broadway 2nd TEMPORARY STOP SIGN Tulip Fair Traffic Control