HomeMy WebLinkAbout01-06-2014 DRAFT
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Council Chambers
110 East Third
December 16, 2013
City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn
Oertle, Chris Raezer, Ken Klein, and Steve Baker
Council Members Absent: None
City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Paul Ellis, Jim Kelly, Kris
Wallace, Maxine Jenft, Monica Schlagel, Nelson Beazley, Deana Dean, and Steve Peiffle, City Attorney
Also Known to be Present: Jan Schuette, Kirk Boxleitner, Jesica Stickles, Scott Whippo, Kari Ilonummi,
Juliana Klein, Sean O’Leary
Mayor Tolbert called the meeting to order at 7:00 pm and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
None.
PROCLAMATIONS
None.
PUBLIC COMMENT
Kari Ilonummi spoke regarding pensions at the federal level and politics at the state level.
CONSENT AGENDA
Marilyn Oertle moved and Ken Klein seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the September 7, 2013 Council Retreat and the December 2nd and 9th, 2013 Council
Meetings.
2. Accounts Payable EFT Payments and Claims Checks #80704 through #80824 in the amount of
$410,264.42.
PUBLIC HEARING
1. Ordinance No. 2013-016 adopting a moratorium on the establishment of marijuana producer,
marijuana processor, and marijuana retailer establishments and the licensing and permitting thereof.
Community & Economic Development Director Paul Ellis opened the public hearing at 7:06. No one from
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting December 16, 2013
Page 2 of 3
the audience wishing to speak on this matter, council questions and comments were heard. The public
hearing was closed at 7:07.
Councilmember Marilyn Oertle moved to continue the moratorium currently in effect, and to reaffirm the
findings in support of the moratorium included in Ordinance No. 2013-016 which was seconded by Chris
Raezer. The motion was passed with a unanimous vote.
2. Ordinance No. 2013-XXX adopting the 2013 Budget Amendments. Finance Director Jim Chase
opened the public hearing on this matter at 7:13 which had been discussed at length during the
December 9, 2013 Council Workshop. No one from the audience wishing to speak on this matter and no
councilmembers having questions or comments; the public hearing was closed at 7:14.
Councilmember Marilyn Oertle moved to adopt the proposed ordinance amending the 2013 Budget as
presented which was seconded by Chris Raezer. The motion was passed with a unanimous vote.
NEW BUSINESS
Contract with RH2 to complete the 520 Zone Pressure Study
Jim Kelly presented the request for Council to sign a professional services agreement with RH2
Engineering, Inc. for finding alternatives on how to increase water pressure in the City’s 520 pressure
zone.
Councilmember Dick Butner moved to approve the Professional Services Agreement with RH2
Engineering Inc. to complete an Alternatives Screening and Analysis on how to increase water pressure
in the City’s 520 pressure zone, and authorize the mayor to sign the agreement, pending final review by
the City Attorney. The motion was seconded by Randy Tendering and passed with a unanimous vote.
Zachor Thomas Prosecutor Contract Renewal
Police Chief Nelson Beazley presented the request for Council to sign the proposed contract renewal with
Zachor Thomas for prosecutorial professional services and answered council questions.
Councilmember Steve Baker moved to approve the proposed contract with Zachor & Thomas for City
Prosecution service and authorize the Mayor to sign it, pending final review by the City Attorney. The
motion was seconded by Randy Tendering and passed with a unanimous vote.
Snohomish County Regional Priorities for the 2014 Legislative Session
Assistant City Administrator Kristin Banfield spoke on the agenda item indicating the Snohomish County
Managers and Administrator’s Group have partnered with Snohomish County, Economic Alliance
Snohomish County, Snohomish County Citizens for Improved Transportation, and Snohomish County
Cities to develop a unified Legislative Agenda for the upcoming 2014 Legislative Session. The request is
for Council to approve the 2014 Regional Priorities for Snohomish County.
Councilmember Marilyn Oertle moved to approve the 2014 Snohomish County Regional Priorities for the
upcoming legislative session as presented. The motion was seconded by Debora Nelson and passed
with a unanimous vote.
DISCUSSION ITEMS
None.
INFORMATION
None.
Minutes of the City of Arlington City Council Meeting December 16, 2013
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ADMINISTRATOR & STAFF REPORTS
City Administrator Allen Johnson notified Council of the Employee Luncheon at Hubb’s Pizza & Pasta on
Tuesday December 17, 2013 and that the New Council Orientation will be Thursday December 19, 2013.
COUNCIL MEMBER REPORTS and MAYOR’S REPORT
Debora Nelson, Marilyn Oertle, Chris Raezer, and Ken Klein gave brief reports, while Dick Butner, Randy
Tendering and Steve Baker had nothing to report at this time.
SPECIAL RECOGNITION OF COUNCILMEMBERS BAKER AND KLEIN
Mayor Tolbert thanked Staff and Director’s for their information and presentations to Council this past
year. She stated she is sorry to see councilmember Ken Klein leave. She thanked and honored Steve
his generously giving of 12 years of public service to the City of Arlington and presented him with a
plaque for his years of service.
EXECUTIVE SESSION
City Attorney Steve Peiffle indicated there would be no need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:32 pm.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
B
COUNCIL MEETING DATE:
January 6, 2014
SUBJECT:
Amend AMC 13.12 to rescind the utility rate increases for 2014
ATTACHMENTS:
DRAFT Ordinance
DEPARTMENT OF ORIGIN
Public Works Department – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
Council is asked to amend the Arlington Municipal Code (AMC) 13.12 to rescind the utility
rate increases for 2014. AMC 13.12.040 mandates that the water, sewer and stormwater
rates be increased annually by the October reported percentage increase of the Consumer
Price Index (CPI) for the Seattle-Tacoma-Bremerton area. Through close financial
management of the three utilities, along with the receipt of significant grant dollars from
the state of Washington and the federal government, the City has been able to save costs
and eliminate the planned increase to the utility rates in 2014.
HISTORY:
The City was also able to implement a similar measure in 2013.
ALTERNATIVES
- Do not approve amendment AMC 13.12
- Table for further discussion
RECOMMENDED MOTION:
I move to approve the proposed ordinance amending AMC 13.12 to rescind the water,
sewer, and stormwater rate increases for 2014.
ORDINANCE 2014-XXX 1
CITY OF ARLINGTON
ORDINANCE NO. 2014-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
DEFERRING CERTAIN INCREASES TO CITY UTILITY RATES AND CHARGES
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
promote the health, safety and welfare of its citizens; and
WHEREAS, the City of Arlington continues to examine equitable rates for water, sewer
and stormwater service; and
WHEREAS, the City’s utility rates contain a CPI adjustment factor which the City
Council wishes to defer for 2014; and
WHEREAS, the City wishes to defer the planned utility rate increases for 2014;
NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as
follows:
Section 1. The two prefatory subparagraphs of Arlington Municipal Code section 13.12.040
shall be and hereby are amended to read as follows:
13.12.040 Water rates and charges. State and city utility taxes are included in the
following rates and charges for water service. The water charges shall include a base charge by
meter size, and a consumption rate, as set forth below.
Beginning on January 15, 2011, the rates set forth for the year 2010 shall be increased
annually by the October reported percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by
the city should it change; provided, however, that no CPI adjustment shall be made for the period
from January 15, 2012 to January 14, 20142015; and provided further, however, that
notwithstanding any reduction in the CPI, rates shall not decrease.
Section 2. Arlington Municipal Code section 13.12.040(4)(B) shall be and hereby is amended
to read as follows:
(B) The usage rates set forth for temporary water service shall be increased annually
by the October reported percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly
used by the city should it change; provided, however, that no CPI adjustment shall be
made for the period from January 15, 2012 to January 14, 2015, and provided further,
however, that notwithstanding any reduction in the CPI, rates shall not decrease.
ORDINANCE 2014-XXX 2
Section 3. Arlington Municipal Code section 13.12.130 shall be and hereby is amended to read
as follows:
13.12.130 - Residential and other sewer rates and charges.
State and city utility taxes are included in the following rates and charges for sewer
service. The effective dates for the following four-year plan will be based on the city's
billing cycle for use beginning on June 1, 2010, and January 15th of each year thereafter:
Monthly
charge
(sewer)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014 RATE
Base rate per
residential
unit
$57.45 $ 62.80 $ 68.15 $ 70.15 $70.15
Beginning on January 15, 2015, the rates set forth for the year 2014 shall be increased
annually by the October reported percentage increase of the Consumer Price Index (CPI)
for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change; provided, however, that notwithstanding
any reduction in the CPI, rates shall not decrease.
Section 4. Arlington Municipal Code section 13.12.140(a) and (b) shall be and hereby are
amended to read as follows:
13.12.140 Commercial classification and sewer rates and charges.
a. All sanitary sewerage users consisting of any public or private premises not
classified under Section 13.12.110 or classified as an industrial user under Section
13.12.150 shall be classified as commercial and charged upon the basis of water
consumption. State and city utility taxes are included in the following rates and
charges for sewer service. The effective dates for the following five-year plan will be
based on the city's billing cycle for use beginning on June 1, 2010 and January 15th
of each year thereafter. Each user shall pay a minimum monthly charge of one base
rate plus a volume rate for all consumption over three hundred cubic feet per month.
ORDINANCE 2014-XXX 3
Monthly
charge
(sewer)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014 RATE
Base rate
(includes 300
cubic feet per
month)
$57.45 $62.80 $68.15 $70.15 $70.15
Volume rate
(per 100
cubic feet per
month)
$5.95 $6.50 $7.05 $7.25 $7.25
b. Beginning on January 15, 2015, and on January 15th each year thereafter the rates set
forth for the year 2014 shall be increased annually by the October reported percentage
increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All
Urban Consumers, or other measure commonly used by the city should it change,
provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease.
Section 5. Arlington Municipal Code section 13.12.150 shall be and hereby is amended to read
as follows:
13.12.150 - Industrial user classification and charges.
The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and
13.36 of this code, shall be as follows:
(1) All user charges shall be based upon equitable unit charges established for flow
BOD (biochemical oxygen demand) loading and TSS (total suspended solids)
loading, based upon the average BOD, TSS and other parameter(s) concentrations (as
established by the public works director) monitored for the industrial user and the
flow recorded in the monitoring manhole or water use.
(2) A minimum monthly charge will be established by the city to cover the basic
sewer costs and monitoring of the industrial user's wastewater discharge, and in the
event the monthly sewer bill does not exceed this amount the industrial user shall
agree to pay the estimated minimum monthly charge. This charge shall be reviewed
from time to time and adjusted to ensure the charge is covering the monitoring
services and sewer costs provided and must be reviewed every two years. Initially,
the monthly charges shall be based on the following, unless otherwise established in
the negotiated discharge permit:
ORDINANCE 2014-XXX 4
(A) For an industrial user with waste strength less than two hundred fifty mg/l,
measured as five-day BOD and TSS, and other parameters within limits established in
Sections 13.08.240, 13.08.250, 13.36 of this title, and whose discharge does not
require regular monitoring other than flow, the minimum monthly charge is as set
forth below:
Sewer
Charges
(monthly)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014 RATE
Waste
strength
<250 mg/l
$352.00 $384.00 $417.00 $429.00 $429.00
(B) For an industrial user with waste strength in excess of two hundred fifty mg/l for
two months or more per year, the minimum monthly charge is as set forth below:
Sewer
Charges
(monthly)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014 RATE
Waste
strength
>250 mg/l
$1,406.00 $1,536.00 $1,666.00 $1,715.00 $1,715.00
(C) Beginning January 15, 2015, and each January 15th thereafter, the charges set
forth in Subsections (1) (A) and (1) (B) of this section, shall be increased annually, by
the October reported percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change; provided, however, that notwithstanding
any reduction in the CPI, rates shall not decrease.
(3) Until such time as a sewer user charge analysis can be conducted to establish
equitable charges under a negotiated discharge permit between the city and the
industrial user, the following shall be used as the basis for industrial user charges:
(A) Flow based charge per cubic foot of wastewater discharged;
(B) BOD charge per pound of BOD discharged; and
(C) TSS charge per pound of TSS discharged, pursuant to the following table:
ORDINANCE 2014-XXX 5
Sewer charge
(monthly)
2010 RATE 2011 RATE 2012 RATE 2013 RATE 2014 RATE
Flow-based
charge (per
cubic foot)
$0.01681 $0.01837 $0.01993 $0.02051 $0.02051
BOD charge
(per pound
BOD)
$0.529 $0.578 $0.627 $0.645 $0.645
TSS charge
(per pound
TSS)
$0.354 $0.386 $0.419 $0.431 $0.431
(D) Beginning January 15, 2015, and each January 15th thereafter, the charges set
forth in subsections (c) of this section, shall be increased annually, by the October
reported percentage increase of the Consumer Price Index (CPI) for the Seattle-
Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used
by the city should it change; provided, however, that notwithstanding any reduction in
the CPI, rates shall not decrease.
(4) Flow shall be based upon one hundred percent of the water consumption or rate
of flow of wastewater discharge into the sewer (measured in an industrial user
installed flow measurement and recording equipment installed in control manhole,
pursuant to Chapter 13.36 of the Arlington Municipal Code). Strength of wastewater
discharged shall be established based upon twenty-four-hour composite samples
made by the city at the control manhole and tested by the city's wastewater treatment
plant laboratory or state certified testing laboratory. All testing shall be in accordance
with the latest edition of "Standard Methods for Examination of Water and
Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be
calculated based upon concentration of composite samples and established flow rates.
(5) Appeal.
(A) If any user believes that a portion of the user's metered flow, larger than ten
percent, is not discharged into the sewer system (when flow measurement is not
provided in the control manhole), the user should make written application to the
public works director for review of the user's flow of wastewater. If the public works
director agrees that charges for the user should be adjusted, they shall so notify the
city council, which may approve such change, or direct a recomputation of the user's
sewer rates.
(B) If the public works director does not agree to the adjustment of user charges, the
user may further appeal to the city council, which may direct further study or take
other appropriate action.
ORDINANCE 2014-XXX 6
Section 6. Arlington Municipal Code section 13.12.540 shall be and hereby is amended to read
as follows:
13.12.540 - Initial service charge rates.
In accordance with the rate structure established herein, there is hereby levied upon all
developed real property within the boundaries of the utility, the following service
charges:
(1) State and city utility taxes are included in the following rates and charges for
stormwater service. See Table 3.
(2) Beginning on January 15, 2015, the rates set forth for the year 2014 shall be
increased annually by the October reported percentage increase of the Consumer
Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers,
or other measure commonly used by the city should it change; provided, however,
that no annual increase shall exceed two percent; and provided further, that
notwithstanding any reduction in the CPI, rates shall not decrease.
Stormwater
charges
(monthly)
2011 RATE 2012 RATE 2013 RATE 2014 RATE
Base rate per
ESU
4.75 5.82 $6.89 $6.89
(3) For all other developed property including multifamily, condominiums and
mobile home parks within the boundaries of the utility, except as specified under
Section 13.28.130, the monthly service charge shall be based on the above table
(Table 3) per month multiplied by the number of equivalent service units determined
by the utility to be contained in such parcel. For all single-family property owners
qualifying for the senior low-income utility discount established in Section 13.12.140,
the discount shall apply to stormwater service charges.
Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 8. Effective Date. The title of this ordinance, which summarizes the contents of this
ordinance, shall be published in the official newspaper of the City. The ordinance shall take
effect and be in full force five (5) days after the date of publication, provided, however, that the
amended rates shall be effective on January 15, 2014.
ORDINANCE 2014-XXX 7
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE
____ DAY OF _____________, 2014.
CITY OF ARLINGTON
By___________________________________
Barbara Tolbert, Mayor
Attest:
________________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
C
COUNCIL MEETING DATE:
January 6, 2014
SUBJECT:
Contract with Matrix Consulting Group to review Police Services
ATTACHMENTS:
Proposed Contract
DEPARTMENT OF ORIGIN
Administration; Contact: Allen Johnson 360-403-3441
EXPENDITURES REQUESTED: $35,000
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
Matrix Consulting Group provides detailed analysis of management, staffing and
operational issues for government agencies. The City has requested Matrix Consulting
Group to complete a similar analysis of the Arlington Police Department and the
services they provide.
HISTORY:
The City has completed analyses on the majority of the city’s departments over the last
8 years to ensure we are optimizing our organizational structure to provide the best
service to the citizens of Arlington. The most recent study was the ESCI Fire Services
study, completed in September 2013.
ALTERNATIVES
Do not authorize the study
RECOMMENDED MOTION:
I move to authorize the mayor to sign the contract with Matrix Consulting Group.
Professional Services Agreement Page 1
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING
SERVICES TO THE CITY OF ARLINGTON, WASHINGTON
Matrix Consulting Group
THIS AGREEMENT, entered into this _____ Day of January , 2014 and effective
immediately by and between Matrix Consulting Group (hereinafter called the
"CONSULTANT" and the CITY of Flower Mound, Texas (hereinafter called "CITY"),
WITNESSETH THAT,
WHEREAS, CITY desires to engage the CONSULTANT to Conduct a Police Services
Study.
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) Employment of Consultant. CITY agrees to engage the CONSULTANT and
the CONSULTANT hereby agrees to perform the services described in the
CONSULTANT’S proposal dated November 17, 2013 and incorporated into this
Agreement as Attachment A.
(2) Time of Performance. The services to be performed hereunder by the
CONSULTANT shall be completed within 90 days of the project start date,
unless this Agreement is terminated earlier as provided for herein.
(3) Compensation. The CITY agrees to pay the CONSULTANT a sum not to
exceed $35,000 in CONSULTANT’S Price Proposal. CONSULTANT agrees to
complete the project and all services provided herein for said sum.
(4) Method of Payment. The CONSULTANT shall bill monthly for hours completed
to date as described in CONSULTANT’S Price Proposal. Total payments shall
not exceed the amount shown in (3), above. CITY shall pay invoices within thirty
(30) days of receipt.
(5) Changes. CITY may, from time to time require changes in the scope of services
of the CONSULTANT to be performed hereunder. Such changes, which are
mutually agreed upon by and between CITY and the CONSULTANT, shall be
incorporated in written amendment to this Agreement.
(6) Services and Materials to be Furnished by CITY. CITY shall furnish the
CONSULTANT with all available necessary information, data, and material
pertinent to the execution of this Agreement. CITY shall cooperate with the
CONSULTANT in carrying out the work herein and shall provide adequate staff
for liaison with the CONSULTANT.
(7) Termination of Agreement. If, for any reason, the CONSULTANT shall fail to
fulfill in timely and proper manner his obligation under this agreement, CITY shall
Professional Services Agreement Page 2
thereupon have the right to terminate this Agreement by giving written notice to
the CONSULTANT of such termination and specifying the effective date thereof,
at least five (5) days before the effective date of such termination.
(8) Information of Reports. The CONSULTANT shall, at such time and in form as
CITY may require, furnish such periodic reports concerning the status of the
project, such statements, and copies of proposed and executed plans and other
information relative to project as may be requested by CITY. The
CONSULTANT shall furnish CITY, upon request, with copies of all documents
and other material prepared or developed in relation with or as part of project.
(9) Records and Inspections. CONSULTANT shall maintain full and accurate
records with respect to all matters covered under this Agreement for a period of
six (6) years after the completion of the project. CITY shall have free access at
all proper times to such records, and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents,
proceedings, and activities.
(10) Completeness of Contract. This contract and any additional or supplementary
document or documents incorporated herein by specific reference contain all the
terms and conditions agreed upon by the parties hereto, and no other
agreements, oral or otherwise, regarding the subject matter of this contract or
any part thereof shall have any validity or bind any of the parties hereto.
(11) CITY Not Obligated to Third Parties. CITY shall not be obligated or liable
hereunder to any party other than the CONSULTANT.
(12) When Rights and Remedies Not Waived. In no event shall the making by
CITY of any payment to the CONSULTANT constitute or be construed as a
waiver by CITY of any breach of covenant, or any default which may exist on the
part of the CONSULTANT and the making of any such payment by CITY while
any such breach or default shall exist in no way impairs or prejudices any right or
remedy available to CITY in respect to such breach or default.
(13) Hold Harmless. Each party shall be responsible for its own acts and will be
responsible for all damages, costs, fees and expenses which arise out of the
performance of this Agreement and which are due to that party’s own
negligence, tortious acts and other unlawful conduct and the negligence, tortious
action and other unlawful conduct of its respective agents, officers and
employees.
(14) Insurance. Consultant agrees to maintain insurance during the term of this
Agreement: for comprehensive general liability in the amount of $2,000,000 per
occurrence and $4,000,000 in aggregate; automobile liability insurance in the
amount of $1,000,000; workers’ compensation insurance in the amount of
$1,000,000 and professional liability in the amount of $1,000,000 per occurrence
and $2,000,000 in aggregate. CONSULTANT shall provide CITY with an
insurance certificate which names the CITY as an additionally insured.
Professional Services Agreement Page 3
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A:VII.
(15) Personnel. The CONSULTANT has all personnel required in performing the
services under this Agreement. All of the services required hereunder will be
performed by the CONSULTANT or under CONSULTANT'S supervision, and all
personnel engaged in the work shall be qualified to perform such services.
(16) Assignability. The parties hereby agree that Consultant may not assign, convey
or transfer its interest, rights and duties in this Agreement without the prior
written consent of CITY.
(17) Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be sufficient if sent by the parties in the United States mail, postage paid, to the
addresses noted below:
Allen Johnson Richard P. Brady, President
City Administrator Matrix Consulting Group
City of Arlington 201 San Antonio Circle, Suite 148
238 N. Olympic Avenue Mountain View, California 94040
Arlington, WA 98223
IN WITNESS WHEREOF, CITY and the CONSULTANT have executed this agreement
as of the date first written above.
CITY OF ARLINGTON
By: __________________________
Date:
MATRIX CONSULTING GROUP
By: __________________________
Richard P. Brady, President
Date:
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
D
COUNCIL MEETING DATE:
January 6, 2014
SUBJECT:
Authorization to Contract with Strategies 360 for Lobbying Services for 2014
ATTACHMENTS:
Draft Contract
DEPARTMENT OF ORIGIN
Administration
EXPENDITURES REQUESTED: $36,000
BUDGET CATEGORY: GF - Other General Government Services
LEGAL REVIEW:
DESCRIPTION:
The attached contract & scope of work describes the work to be done by Strategies 360 at the
state and federal level from January 1 through December 31, 2014. Strategies 360 has been
working on our behalf in Olympia and Washington, DC to address some of our immediate and
long term transportation improvement goals, as well as assist us in economic development and
other areas. The continuation of the contract ensures that our best interests are represented in
the decision-making processes of the Washington State Legislature, the Washington State
Department of Transportation, the United States Congress, as well as other state and federal
agencies.
The City budgeted $36,000 for an entire year of lobbying services during the 2014 budget
process.
HISTORY:
The City has been a direct client of Strategies 360 starting in fall 2012. Prior to that, the City was
a client through our participation in the SR9 Coalition.
ALTERNATIVES
Do not authorize the contract.
RECOMMENDED MOTION:
I move to authorize the Mayor to sign the contract with Strategies 360 for Lobbying Services for
2014, subject to final review by the City Attorney.
Page 1 of 4
SERVICES AGREEMENT
This services agreement is entered into by and between Strategies 360, Inc. (“Consultant”) with
its principal offices at 1505 Westlake Ave N, Suite 1000, Seattle, Washington, 98109, and City
of Arlington, Washington (“Client”), with its principal address being 238 N. Olympic, Arlington,
WA, 98223, hereinafter sometimes referred to collectively as the “Parties”.
RECITALS
A. Client wishes to contract with Consultant to provide services in the field of government
relations, lobbying and strategic communications, on the terms and conditions set forth
herein.
B. Consultant is willing and qualified to perform such services.
In consideration of the above Recitals and the mutual promises and agreements contained herein,
the Parties agree as follows:
1. Scope of Services. Consultant is retained and appointed to implement the services outlined
in the attached Appendix A, which are designed to accomplish the government relations,
lobbying and strategic communications objectives of the Client. Consultant shall use
Consultant’s best efforts to perform Services such that the results are satisfactory to Client.
2. Contract Administration; Communications. Consultant’s employees will be responsible for
performing services under this Agreement. Client and Consultant shall identify and maintain
a mutually agreeable communication process to keep Client fully and currently informed
about activities of Consultant on behalf of Client. Consultant will work closely with other
consultants, team members, and related organizations and individuals as designated by
Client, and as necessary to accomplish the objectives of the Client.
3. Compensation. Consultant will perform the scope of services described in this Agreement for
a fee of $3,000 per month from January 1, 2014 through December 31, 2014.
Consultant’s fees for service do not include additional costs deemed necessary by Client such
as creating and printing materials, conducting public opinion research (e.g. polling), and
providing other strategic and/or support services and requested by the Client.
4. Expenses. In addition to compensation payable to Consultant pursuant to this Agreement,
Client will reimburse consultant for costs and disbursements including transportation and
travel costs, food, lodging and automobile mileage at the applicable federal rate per business
Page 2 of 4
mile, and for necessary entertainment. Consultant shall include an accounting of costs and
disbursements and the amount owed on the periodic statements rendered to Client. Total
charges to Client will not exceed $100 per month without advance approval from Client.
5. Payment. Consultant shall send monthly statements to the Client on the first day of each
month of service for the fees jointly agreed by the Parties. Client shall pay Consultant’s fees
in full by the 15th day of each month of service.
6. Confidential Matters and Proprietary Information. The Consultant shall keep in strictest
confidence all information that may be acquired in connection with or as a result of the
Agreement. The Consultant shall not publish, communicate, divulge, disclose or use any of
such information, which has been designated by Client as proprietary or confidential or
which from the surrounding circumstances in good conscience ought to be treated by the
Consultant as proprietary or confidential, without the prior written consent of Client. Upon
termination or expiration of the Agreement, the Consultant shall deliver all records, data,
information, and other documents and all copies thereof to Client, which shall remain the
property of Client.
7. Conflict of Interest. The Consultant hereby warrants that there is no conflict of interest in
the Consultant’s other contracts or other employment with the activities to be performed
hereunder and shall advise if a conflict arises in the future.
8. Independent Contractor. In all matters relating to this Agreement, the Consultant shall be
acting as an independent contractor. The Consultant is not an employee of Client under the
meaning or application of any Federal or State Unemployment or Insurance Laws or
Workers’ Compensation Laws, and the Consultant shall assume all liabilities and obligations
imposed by any one or more of such laws. Consultant will work with the Client to determine
the time, the place and the manner in which it will accomplish its services within an overall
schedule date established by Client. The Consultant shall not have any authority to assume or
create any obligations, express or implied, on behalf of Client.
9. Entire Agreement. This Agreement constitutes the entire agreement between Client and the
Consultant in regard to the subject matter hereof and supersedes all prior or contemporaneous
communications, representations, or agreements, whether oral or written, with respect
thereto. No agreements hereafter made between the parties shall be binding on either party
unless reduced to writing and signed by authorized representatives of the parties.
10. Terms of Service and Termination. This Agreement will commence on January 1, 2014.
Either Party may terminate this Agreement without cause by providing the other Party 30
days’ notice in writing. Upon termination, Consultant will render Client a bill and within 15
days after receipt of said bill, Client shall pay Consultant in full whatever sums may be due
for work performed.
11. Non-solicitation of Consultant Employees. During the Term of this Agreement and for a
period of one (1) year after the termination of this Agreement, Client will not solicit, induce,
recruit or encourage directly or indirectly (nor will Client direct, encourage or assist anyone
Page 3 of 4
else to solicit, induce, recruit or encourage) any of the Consultant’s employees to terminate
their employment with Consultant or to work elsewhere.
12. Indemnification and Insurance. Client shall indemnify, defend, and hold harmless Consultant
and its directors, officers, and employees from any and all claims arising from or in
connection with the performance of services including but not limited to statutory violations,
Contractor’s independent contractor status, or for injury or death of any and all persons
whatsoever and from any and all damage to property. Client and Consultant warrant that they
each carry workers’ compensation, comprehensive liability, automobile, and other insurance
with reasonable coverage and in reasonable amounts sufficient to insure against anticipated
risks in connection with services under this Agreement.
By executing this Agreement each signatory affirms that they have read and understand its terms,
and that each has the full power and authority to enter this Agreement on behalf of the entity for
which they have signed.
Executed in the County of King, Washington:
For: STRATEGIES 360, INC.
1505 Westlake Ave N, Suite 1000
Seattle, Washington 98109
TEL: 206/282-1990 FAX: 206/282-2704
By: ________________________________ Date:____________________
Eric Sorenson, President
For: CITY OF ARLINGTON, WASHINGTON
238 N. Olympic Ave
Arlington, WA 98223
TEL: 360/403-3441 FAX: 360/403-4605
By: ________________________________ Date:____________________
Barb Tolbert, Mayor
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Appendix A
Scope of Work
State Legislative Work – 2014 Session
1. Participate in the state budgetary process to advocate for retention of state shared
revenues for cities.
2. Seek funding for any relevant transportation projects, especially SR 531.
3. Work on legislation that promotes manufacturing/industrial centers.
4. Work on other legislation as directed by the City.
5. Keep Arlington abreast of key state policy issues that may affect the City.
6. Provide frequent written and oral communication with the City during this contract.
Federal Legislative Work
1. Seek funding opportunities and advocate for transportation, environmental restoration,
parks and trails, public safety and economic development projects with the City through
the federal appropriations or grant processes.
2. Keep Arlington abreast of key federal policy issues that may affect the city.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
E
COUNCIL MEETING DATE:
January 6, 2014
SUBJECT:
Selection of Councilmember Jan Schuette to serve as the City’s representative to Community
Transit
ATTACHMENTS:
Letter from Community Transit dated 12/9/13 with attachments
DEPARTMENT OF ORIGIN
Administration, Contact: Allen Johnson, 360-403-3443
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The City is requested to select one elected official to represent Arlington at a meeting called for
the two-fold purpose of (1) reviewing the composition of Community Transit’s Board of
Directors as mandated every four years, and (2) selecting new Community Transit Board
members. Washington state law calls for three members and two alternates from the
component cities with population between 10,000 and 30,000 (medium cities). The medium
cities for Community Transit are: Arlington, Bothell, Lake Stevens, Mill Creek, Monroe,
Mountlake Terrace, and Mukilteo.
Councilmember Schuette has been selected to be the Transportation Co-Liaison for the Council
by the Mayor.
HISTORY:
Councilmember Nelson served as the City’s CT representative for the past two years.
ALTERNATIVES
No alternatives.
RECOMMENDED MOTION:
I move to appoint Councilmember Jan Schuette to serve as the City’s representative to
Community Transit