HomeMy WebLinkAbout07-14-2014
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
July 14, 2014
SUBJECT:
Interlocal Agreement for the Snohomish Regional Drug & Gang Task Force for 2014-
15
ATTACHMENTS:
Draft Interlocal Agreement
DEPARTMENT OF ORIGIN
Police; Bruce Stedman – 403-3601
EXPENDITURES REQUESTED: $4,750
BUDGET CATEGORY: General Fund - Police
LEGAL REVIEW:
DESCRIPTION:
The attached Interlocal Agreement is a renewal agreement for participating in the
Snohomish Regional Drug & Gang Task Force (SRDGTF) for 2014-15. The term of the
interlocal is July 1, 2014-June 30, 2015.
The Interlocal Agreement allows participating jurisdictions to jointly coordinate
selected law enforcement activities, resources, and functions in order to disrupt illegal
drug trafficking systems and to remove drug traffickers through a cooperative
program of investigation, prosecution, and asset forfeiture.
HISTORY:
The City has been a longtime participant in the Task Force. The Task Force has helped
us with a number of enforcement efforts, most recently our investigation at 5th and
McLeod.
ALTERNATIVES
Not act as a participating jurisdiction with the Task Force.
RECOMMENDED MOTION:
Discussion only.
ATTEST:
APPROVED AT THE DIRECTION OF THE PARTICIPATING JURISDICTION:
________________________________ Dated ___________________________
Title ____________________________ Jurisdiction of ____________________
ATTEST:
__________________________________ Dated ___________________________
Jurisdiction Clerk
APPROVED AS TO FORM:
__________________________________ Dated ____________________________
Jurisdiction Attorney
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
July 14, 2014
SUBJECT:
Backwash to Wetland Project Apparent Low Bidder
ATTACHMENTS:
- Bid Tabulation
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $ 49,390.80 (Apparent Low Bid)
BUDGET CATEGORY: Water Capital Funds
LEGAL REVIEW:
DESCRIPTION:
A total of four (4) bids were received for the Backwash to Wetland Project on July 10, 2014; a
summary of received bids is on the attached bid list. The Engineers Estimate was $50,000.
HISTORY:
The City of Arlington Water Utility discharges approximately 70,000 to 180,000 gallons of clean
water to the Water Reclamation Facility daily. This water is part of the cleaning water, or
“Backwash Water” generated from cleaning the filters at the treatment plant.
The City worked with the Washington State Dept. of Health and the Dept. of Ecology to obtain
necessary permits to send a portion of the clean backwash water to the Old Town Wetland. The
first 15% of the backwash water will be sent to the Water Reclamation Facility for treatment, the
remainder of the backwash water will be discharged into the wetland where it will serve as a
continuous supplemental flow that will support wetland habitat during dry periods. This project is
for construction of the gravity pipe to allow the backwash to be discharged into the wetland.
ALTERNATIVES
• Reject Bids, re-advertise the project
• Remand to staff for further evaluation
RECOMMENDED MOTION:
No action at this time – discussion/workshop only.
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
July 14, 2014
SUBJECT:
Change Order #8 to the 67th Ave Final Phase construction contract
ATTACHMENTS:
- Proposal for Change Order #8
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $52,000 (Unit Bid Total)
BUDGET CATEGORY: Transportation Improvement Fund
LEGAL REVIEW:
DESCRIPTION:
This is the final change order to the 67th Ave Final Phase construction project, this change order accounts for
all final project material overruns and underruns.
HISTORY:
The 67th Ave Final Phase project has been completed. Change Order #8 is to account for the material overruns
and underruns necessary to close-out the project.
Phase Amount Date Approved Comments
Original Contract $ 5,982,984.00 Original contract for 67th Ave Construction
CO#1 $ 13,830.00 Jun 28, 2013 CO-01 (6” gate valve, decommission wells)
CO#2 $ 3,950.11 Aug 12, 2013 CO-02 (water service revisions)
CO#3 $ 294,166.50 Aug 28, 2013 CO-03 (69th Avenue Culvert work)
CO#4 $ -3,037.02 Nov 25, 2015 CO-04 (Misc Construction Changes)
CO#5 $ 162,338.50 Feb 11, 2014 CO-05 (204th Intersection)
CO#6 $ 62,415.31 Mar 10, 2014 CO-06 (Handrails at culverts, backfill for block wall)
CO#7 $ -4,987.00 Apr 15, 2014 CO-07 (Fiber Optic conduit credit)
CO#8 $ 52,000.00 (PENDING)
Total $ 6,562,010.00 FINAL Contract Price (9.7% over original contract amount)
ALTERNATIVES
- Remand to staff for further discussion
RECOMMENDED MOTION:
None – workshop only
1 of 6 P-04 (Rev. 6/11)
CHANGE ORDER 8, CONT.
2 of 6 P-04 (Rev. 6/11)
CHANGE ORDER 8, CONT.
3 of 6 P-04 (Rev. 6/11)
CHANGE ORDER 8, CONT.
4 of 6 P-04 (Rev. 6/11)
CHANGE ORDER 8, CONT.
5 of 6 P-04 (Rev. 6/11)
Schedule A Bid Item Change Order 8 Summary
Is
s
u
e
No
.
Bi
d
I
t
e
m
No
.
Description Unit Price
Unit
Measure
+/-
Quantity
Estimated
Change Amount
CO8 A-29 Delete Z-Gate $ 6,600.00 EA -2.00 $ (13,200.00)
CO8 A-32 Delete remaining Chain Link Fence Type 3 $ 14.00 LF -1,938.00 $ (27,132.00)
CO8 A-33 Delete 6' remaining fence with 11 gauge fabric $ 18.00 LF -878.00 $ (15,804.00)
CO8 A-131 Add 6' Fence with 9 gauge fabric $ 19.98 LF 931.00 $ 18,601.38
CO8 A-36 Delete 19 of 29 Bollards $ 200.00 EA -19.00 $ (3,800.00)
CO8 A-132 Add Removable Bollards (3) $ 615.00 EA 3.00 $ 1,845.00
CO8 A-42 Delete remaining amount of original HMA JMF $ 76.00 TN -3,917.06 $ (297,696.56)
CO8 A-130 Add State Lab Tested HMA $ 77.00 TN 3,917.06 $ 301,613.62
CO8 A-72 Delete View Ports in Chamber Maxx System $ 600.00 EA -49.00 $ (29,400.00)
CO8 A-132 Add Partially Completed View Ports in Chamber
Maxx System (to be capped and abandoned) $ 300.00 EA 49.00 $ 14,700.00
CO8 A-97
Illumination System Complete (Add HPS Lamps,
Move to 1 Service Cabinet, credits from moving
Centennial Trail Lights)
$ 17,871.89 LS 1.00 $ 17,871.89
Schedule B Bid Item Change Order 8 Summary
Is
s
u
e
No
.
Bi
d
It
e
m
No
.
Description Unit Price
Unit
Measure
+/-
Quantity Change Amount
CO8 B-104 Add Sanitary Sewer Connection at Myrick's $ 1,279.19 FA 1.00 $ 1,279.19
Sales Tax 8.80% $ 112.57
CO8 B-104 Add Tax from Acute Auto Force Main Work from
CO6 Sales Tax 8.80% $ 193.51
The following items are requested changes to plan quantities, exclusive of quantity over/underruns
CHANGE ORDER 8, CONT.
6 of 6 P-04 (Rev. 6/11)
Summary of Change
"Total Paid to Date (Incl. Tax)" $ 6,509,965.54
Final Estimated "Total Paid to Date (Incl. Tax)" $ 6,561,965.54
deficit for remaining pay estimates $ (52,000.00)
less remaining funds $ 44.86
Contract Funding Shortage $ (51,955.14)
Change Order 8 Amount $ 52,000.00
Current Contract Amount $ 6,510,010.40
Change Order 8 Amount $ 52,000.00
New Contract Amount $ 6,562,010.40
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
D
COUNCIL MEETING DATE:
July 14, 2014
SUBJECT:
Washington Federal Water Use and Utility Easement Agreement
ATTACHMENTS:
Utility Easement Agreement
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW:
DESCRIPTION:
A water service and utility easement agreement for water service to properties located
in the vicinity of the Burn Road Reservoir.
HISTORY:
Approximately 54 years ago (in 1960) the City of Arlington entered into a water service
agreement with the Wallis brothers, William and Hugh, for property and access on
which to construct the Burn Road Reservoir. With the future elimination of the Burn
Road Reservoir and with new property owners (Washington Federal), the City has
completed negotiations that will allow the 1960 agreement to be replaced by a new
water service and utility easement agreement. Washington Federal’s recent boundary
line adjustment has created three parcels that are party to the new water service
agreement.
ALTERNATIVES
• Remand to staff for further consideration
RECOMMENDED MOTION:
Workshop – Discussion only.
WATER SERVICE AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into in duplicate this____ day of __________,
2014, by and between the CITY OF ARLINGTON, a municipal corporation, hereinafter referred
to as the "CITY" and, WASHINGTON FEDERAL, A NATIONAL ASSOCIATION,
hereinafter referred to as the "PROPERTY OWNER."
RECITALS:
WHEREAS, the CITY did enter into a Water Service Agreement with the Wallis
Brothers on April 1, 1960, and a subsequent Water Service Agreement Correction on April 11,
referenced by Snohomish County Auditor’s numbers 1393149 and 1405780 respectively; and
WHEREAS, the PROPERTY OWNER is now the legal and rightful owner of the
properties referenced in the 1960 Water Service Agreement and, through property succession,
has all of the rights and obligation of that agreement; and
WHEREAS, the PROPERTY OWNER has subdivided one of the parcels making a total
of three parcels subject to the terms of the 1960 Water Service Agreement, the subdivided
properties, hereinafter referred to as the "PROPERTIES", are noted on a map that is included
with, and made part of this agreement, as EXHIBIT A; and
WHEREAS, the CITY wishes to terminate the 1960 Water Service Agreement and enter
into a new agreement for the provision of water service, and
WHEREAS, the PROPERTY OWNER wants to develop the PROPERTIES for
residential housing building sites but does not want to install a sanitary sewer extension to the
sewer main in 207 Street.
NOW, THEREFORE, for and in consideration of the mutual benefits to be derived to the
parties, it is hereby agreed as follows:
1. EXISTING WATER SERVICE AGREEMENT. The CITY and the PROPERTY
OWNER mutually agree to terminate the April 1, 1960 Water Service Agreement and
subsequent April 11, 1960 Water Service Agreement Correction.
2. WATER SERVICE. The City of Arlington agrees to provide to and furnish water
service to the PROPERTIES in accordance with current Arlington Municipal Codes, as they
exist now or may be amended in the future, subject to the payment of all applicable fees and
conditions, and with the following additional conditions:
2.a. The metered point of service for all three properties will be on CITY owned
property at the same location where the metered point of service currently exists
and is shown on EXHIBIT B, Metered Water Point of Service.
2.b. Water will be delivered to Metered Water Point of Service at an average water
pressure range between ten pounds per square inch and fifteen pounds per
square inch (10 psi to 15 psi).
2.c. PROPERTY OWNER will install water booster pump systems and necessary
electrical service on CITY owned property at the Metered Water Point of
Service. PROPERTY OWNER or their successors will retain ownership and all
maintenance responsibilities for the booster pump and electrical systems.
2.d. CITY grants the PROPERTY OWNER a separate utility easement included
herewith as EXHIBIT C. The utility easement will grant PROPERTY
OWNER, or their successors, access rights onto the utility easement for
purposes of servicing and maintaining the booster pump systems.
2.e. The CITY will have no obligation or responsibility for maintenance, operation,
security, or protection of the booster pump system.
3. SANITARY SEWER SERVICE. PROPERTY OWNER may apply for on-site or off-
site septic service for PROPERTIES through the Snohomish County Department of Health and
the City of Arlington will not protest this application and/or its approval as long as the septic
system drain fields are installed at the location referenced in the geotechnical report and
referenced in the CITY issued permit.
4. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete
expression of the terms hereto and any oral representations or understandings not incorporated
herein are excluded. Further, any modification of this Agreement shall be in writing and signed
by both parties. Failure to comply with any of the provisions stated herein shall constitute
material breach of contract and cause for termination. Both parties recognize time is of the
essence in the performance of the provisions of this Agreement. It is also agreed by the parties
that the forgiveness of the nonperformance of any provision of this Agreement does not
constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY:
CITY OF ARLINGTON WASHINGTON FEDERAL
Barbara Tolbert, Mayor
Attest:
Kristin Banfield, City Clerk
EXHIBIT A
E x h i b i t A W a s h i n g t o n F e d e r a l P r o p e r t i e s
City of Arlington
D a t e :
F i l e :
C a r t o g r a p h e r :
M a p s a n d G I S d a t a a r e d i s t r i b u t e d A S - I S w i t h o u t w a r r a n t i e s o f a n y k i n d , e i t h e r e x p r e s s o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o w a r r a n t i e s o f s u i t a b i l i t y f o r a p a r t i c u l a r p u r p o s e o r u s e . M a p d a t a a r e c o m p i l e d f r o m a v a r i e t y o f s o u r c e s w h i c h m a y c o n t a i n e r r o r s a n d u s e r s w h o r e l y u p o n t h e i n f o r m a t i o n d o s o a t t h e i r o w n r i s k . U s e r s a g r e e t o i n d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s t h e C i t y o f A r l i n g t o n f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g o u t o f o r r e s u l t i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r t h e u s e o f t h e d a t a p r e s e n t e d i n t h e m a p s .
Owners A R L I N G T O N C I T Y O F W A S H I N G T O N F E D E R A L S c a l e : B u r n R e s E X H I B I T A 8 . 5 x 1 1 _ 1 4
7 / 8 / 2 0 1 4 a k c / k d h
1 i n c h = 2 0 0 f e e t
Le
g
e
n
d
W A S H I N G T O N F E D E R A L
A R L I N G T O N C I T Y O F
W A S H I N G T O N F E D E R A L
W A S H I N G T O N F E D E R A L
±
EXHIBIT B
E x h i b i t B W a t e r M e t e r e d S e r v i c e P o i n t o f D e l i v e r y
City of Arlington
D a t e :
F i l e :
C a r t o g r a p h e r :
M a p s a n d G I S d a t a a r e d i s t r i b u t e d A S - I S w i t h o u t w a r r a n t i e s o f a n y k i n d , e i t h e r e x p r e s s o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o w a r r a n t i e s o f s u i t a b i l i t y f o r a p a r t i c u l a r p u r p o s e o r u s e . M a p d a t a a r e c o m p i l e d f r o m a v a r i e t y o f s o u r c e s w h i c h m a y c o n t a i n e r r o r s a n d u s e r s w h o r e l y u p o n t h e i n f o r m a t i o n d o s o a t t h e i r o w n r i s k . U s e r s a g r e e t o i n d e m n i f y , d e f e n d , a n d h o l d h a r m l e s s t h e C i t y o f A r l i n g t o n f o r a n y a n d a l l l i a b i l i t y o f a n y n a t u r e a r i s i n g o u t o f o r r e s u l t i n g f r o m t h e l a c k o f a c c u r a c y o r c o r r e c t n e s s o f t h e d a t a , o r t h e u s e o f t h e d a t a p r e s e n t e d i n t h e m a p s .
S c a l e : B u r n R e s E X H I B I T B 8 . 5 x 1 1 _ 1 4
7 / 9 / 2 0 1 4 a k c / k d h
1 i n c h = 1 0 4 f e e t
Le
g
e
n
d
")
M e t e r e d W a t e r S e r v i c e P o i n t ±
W a t e r M e t e r")
EXHIBIT C
EXHIBIT C - UTILITY EASEMENT PAGE 1
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
DEVELOPMENT SERVICES
238 N. OLYMPIC AVENUE
ARLINGTON, WA 98223
OUR FILE NO. ___________
UTILITY EASEMENT
GRANTOR(S): City of Arlington
GRANTEE(S): Washington Federal, a National Association
LEGAL (Abbrev.): Ptn. SW ¼ of SW ¼ of S. 12, T. 31 N., R. 5 E., W.M.
ASSESSOR'S TAX #:
REFERENCE #:
THIS AGREEMENT is made and entered into this ____ day of _________,
2014, by and between the City of Arlington, Washington (hereinafter "Grantor") and
Washington Federal, a National Association (hereinafter “Grantee”).
WHEREAS, Grantor is the owner of certain property located within the City of
Arlington; and
WHEREAS, Grantor wishes to grant an easement to the Grantee;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby
acknowledged, it is agreed by and between the parties hereto as follows:
1. Grant of Easements by Grantors to the City.
1.1 Grantor conveys and grant to the Grantee, its successors and assigns
and permittees and licensees, a perpetual easement for ingress, egress
and utilities and the right, privilege and authority to construct, alter,
improve, repair, operate and maintain storm sewer and sanitary sewer
lines, and/or water lines, electrical linespipes and appurtenances, over,
under and across Grantor’s property legally described as follows:
See Attached Exhibit “C-1”
together with the right of ingress to and egress from said lands across
adjacent lands of the Grantor, for the purpose of constructing,
reconstructing, repairing, renewing, altering, changing, patrolling and
operating the said lines and appurtenances, and the right at any time to
remove said lines and appurtenances from said lands.
1.2 The Grantor reserves the right to use the surface of the above-described
easement in any manner now existing, but shall not erect any buildings,
structures, or other construction of any nature on said easement;
provided, however, that Grantor shall have the right to make any use of
the easement area not inconsistent with the Grantee's rights hereunder.
2. General Terms.
2.1 Entire Agreement. This Agreement contains all of the agreements of the
parties and no prior agreements or understandings pertaining to any such matters shall be
effective for any such purpose.
2.2 Modification. No provision of this Agreement may be amended or added to
except by agreement in writing signed by the parties.
2.3 Successors in Interest. This easement shall be a covenant running with the
land and shall be binding on the Grantor, and Grantor’s heirs, successors and assigns
forever.
/
/
/
/
/
/
DATED this _____ day of ____________, 2014.
EXHIBIT C - UTILITY EASEMENT PAGE 3
GRANTOR:
CITY OF ARLINGTON
By:___________________________
Barbara Tolbert, Mayor
ATTEST:
______________________________
Kristin Banfield, City Clerk
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
On this ______ day of ______________, 20 14, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Barbara Tolbert and Kristin Banfield, to me known to be the Mayor
and City Clerk of the City of Arlington, WA, the municipal corporation that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes herein mentioned, and on oath
stated that he/she is authorized to execute the said instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
__________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at ______________
My commission expires: ______________
Printed name: ______________________
UTILITY EASEMENT
EXHIBIT C-1
Project Name: Krouse
June 3, 2014
Page 1 of 1
BDG/STM
15976L.003.doc
LEGAL DESCRIPTION
WATER TOWER SITE
WATER EASEMENT
That portion of the area shown as “exception” on Large Lot Subdivision recorded in Volume 26 of
Surveys, Page 19, records of Snohomish County, Washington, being a portion of the Southwest
quarter of the Southwest quarter of Section 12, Township 31 North, Range 5 East, Willamette
Meridian, more particularly described as follows:
BEGINNING at the Northwest corner of said exception parcel;
THENCE South 84°39'06" East, 84.08 feet along the North line of said exception;
THENCE South 05°21'28" West, 17.16 feet;
THENCE South 41°02'50" West, 37.92 feet;
THENCE North 48°57'10" West, 20.00 feet;
THENCE North 41°02'50" East, 31.49 feet;
THENCE North 05°21'28" East, 0.72 feet to a point on a line parallel with and 10.00 feet South of
said North line;
THENCE North 84°39'06" West, 54.07 feet along said parallel line to a point parallel with and 10.00
feet East of the West line of said exception;
THENCE South 05°20'54" West, 80.14 feet along said parallel line;
THENCE North 84°50'22" West, 10.00 feet to said West line;
THENCE North 05°20'54" East, 90.17 feet along said West line to the POINT OF BEGINNING.
6/11/14
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
E
COUNCIL MEETING DATE:
July 14, 2014
SUBJECT:
York House and Outbuilding Surplus Request
ATTACHMENTS:
Map of York Park
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The remaining undeveloped .56 acres of the York Property would accommodate up
to three new single family homes with the existing building removed. This would
make it a good candidate for re-development. The only park amenities located within
the property of the house are two horse shoe pits that could be re-located to the park
area.
HISTORY:
The 1.7 acre York Property located at 3209 180th Street was purchased by the City in
2000. Approximately 1.14 acres was developed into York Park in 2004, with the
remaining .56 acres set aside for future parks development. The remaining .56 acres
has a single family home constructed in 1952 and an out building that has been used
by the City for storage. The home is in poor condition and has recently been
vandalized several times and has become an attraction to homeless. The structure is
beyond reasonable repair condition.
ALTERNATIVES
NONE
RECOMMENDED MOTION:
No action at this time.
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
F
COUNCIL MEETING DATE:
July 14, 2014
SUBJECT:
Resolution Adopting Standards for Public Defender Services and Recap of Wilbur et al. v.
Cities of Mount Vernon, Burlington
ATTACHMENTS:
Draft Resolution
DEPARTMENT OF ORIGIN
Administration – Kristin Banfield 360-403-3444; Legal – Steve Peiffle
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
On December 4, the US District Court of the Western District of Washington issued its ruling
in Wilbur v. City of Mount Vernon, which challenged the adequacy of the public defense
system provided by the City of Mount Vernon and the City of Burlington.
Responding to the Wilbur v. Mount Vernon case will bring significant change and increased
cost for the public defense system in most cities. It is vital that Arlington responds
to Willbur now, before we are in litigation. One of the elements that are highly recommended
by Washington Cities Insurance Authority (WCIA) is to adopt Indigent Defense Standards
that all public defenders working on behalf of the City of Arlington will be held to. The City
expects it will need to make additional changes to its public defense system to ensure our full
compliance with Wilbur v. City of Mount Vernon.
Arlington will be hosting WCIA training on July 24, which will provide further guidance on
changes that should be implemented.
HISTORY:
The City joined the Marysville Municipal Court in 2002. Since that time we have contracted
for all public defense services. Our current provider of public defense services is the law firm
of Feldman & Lee.
ALTERNATIVES
None.
RECOMMENDED MOTION:
Discussion only.
1
RESOLUTION NO. _2014-xxx_
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING NEW STANDARDS FOR THE DELIVERY OF PUBLIC DEFENDER SERVICES PURSUANT TO RCW 10.101.030
WHEREAS, RCW 10.101.030 requires the City of Arlington ("City") to adopt standards
for the delivery of Public Defense Services; and
WHEREAS, the Washington State Bar Association has promulgated standards last revised
in 2011 which state the objective of the promulgated standards as:
The objective of these guidelines is to alert the attorney to the course of action
that may be necessary, advisable, or appropriate, and thereby assist the attorney
in deciding upon the particular actions that must be taken in a case to assure that
the client receives the best representation possible;
WHEREAS, the City of Arlington has previously incorporated standards for the delivery
of Public Defense Services in its contracts for public defense services and has contracted with a
Public Defense firm in anticipation of the eventual adoption of amendments to the Washington
Court Rules regarding indigent defense services; and
WHEREAS, the Washington Supreme Court by Order No. 25700-A-1004 has adopted new
standards for indigent defense and a certificate of compliance; and
WHEREAS, the City Council of Arlington deems it to be in the public interest to proceed
with the adoption and implementation of the standards as provided herein;
NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The following public defense standards are hereby adopted:
STATEMENT OF INTENT AND INTERPRETATION: These standards are adopted in
order to comply with the requirements of Washington Statute and the rules established by the
Washington State Supreme Court. The provisions of these standards shall be broadly and liberally
construed to achieve their stated purpose, which is to provide standards which afford "quality
representation" in the provision of public defense to indigent criminal defendants. "Quality
representation" describes the minimum level of attention, care, and skill that Washington citizens
would expect of their State's criminal justice system. These standards may be amended from time
to time to reflect changes in the rules established by the Washington State Supreme Court,
guidance offered by the Washington State Bar Association, or interpretations of the rules and
standards by the Washington courts.
2
1. DUTIES AND RESPONSIBILITIES.
1.1 Public Defense Services shall be provided to all clients in a
professional, skilled manner consistent with the minimum standards set forth by the American
Bar Association, the Washington State Bar Association, the Rules of Professional Conduct, case
law and applicable court rules defining the duties of counsel and the rights of defendants in
criminal cases. The Public Defender's primary and most fundamental responsibility is to promote
and protect the interests of the client.
1.2 Public Defense shall be provided to indigent clients whose
eligibility has been determined by the City of Arlington through an established screening
process.
1.3 All Public Defenders providing services by contract shall quarterly
certify their compliance with the standards for indigent defense by filing a Certification of
Compliance as required by CrR 3.1, CrRLJ 3.1, and JuCR 9.2. Such forms shall be filed with the
Marysville Municipal Court. Copies of each Public Defender's certification shall be provided to
the City.
1.4 Non-Discrimination. The Public Defender shall comply with all
federal, state and local non-discrimination laws or ordinances. The duty of nondiscrimination
relates not only to the provision of services by the Public Defender to the clients, but also with
respect to the hiring and employment practices of the Public Defender Contractor.
2. QUALIFICATIONS AND TRAINING.
2.1 Every Public Defender performing services under contract with the
City (herein "Public Defense” or "Public Defender") shall satisfy the minimum requirements for
practicing law in the State of Washington as determined by the Washington State Supreme Court
and possess a license to practice law in the State. Interns may assist in the provision of services
so long as such interns comply with APR 9, and are trained and supervised by contract Public
Defenders.
2.2 Public Defenders and Rule 9 interns (herein "intern" or "interns")
performing services under contract shall:
2.2.1 be familiar with the statutes, court rules, constitutional
provisions, and case law relevant to the practice area; and
2.2.2 be familiar with the Washington Rules of Professional
Conduct (WRPC); and
2.2.3 be familiar with the Performance Guidelines for Criminal
Defense Representation approved by the Washington State Bar Association; and
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2.2.4 be familiar with the consequences of a conviction
or adjudication, including possible immigration consequences and the possibility of civil
commitment proceedings based upon a criminal conviction; and
2.2.5 be familiar with mental health issues and be able to identify
the need to obtain expert services; and
2.2.6 complete seven (7) hours of continuing legal education
within each calendar year in courses related to public defense practice.
2.3 The City Attorney, City Prosecutor, Chief of Police and law
enforcement personnel shall not participate in the selection and evaluation process leading to
the recommendation of a contract for Public Defense Services. Nothing herein shall be
interpreted to prohibit the City Attorney, City Prosecutor or Chief of Police from performing the
normal functions of his/her office, including by way of illustration, the drafting of contracts,
ordinances and resolutions.
2.4 In addition to required continuing legal education (CLE) training,
in the event that seven (7) or more attorneys perform services to the City by the same contract
and in the same entity, the contract for services shall provide for in-house training. Proposals
made in response to requests for proposals for pursuit of a contract for Public Defense Services
shall provide information regarding in-house training, the development of manuals to inform
new attorneys of the rules and procedures of the Marysville Municipal Court and encourage the
opportunity to attend courses that foster trial advocacy skills. The Public Defender is encouraged
to obtain and review professional publications and other media relating to criminal defense.
3. ADMINISTRATION, SUPPORT SERVICES AND INFRA-
STRUCTURE.
3.1 Contracts for services and proposals submitted in pursuit of such
contracts shall require the Public Defender to provide for or include adequate administrative
support, including but not limited to:
3.1.1 Travel, telephones, law library and/or electronic research
capabilities, financial accounting, case management systems, computers, word processing
equipment and software, office space and supplies. Proposals for contracts shall be evaluated
to address the training of attorneys and staff (see Section 2 above) and provide for adequate
staffing and other costs associated with the day to day management of a law office.
3.1.2 Private offices and/or conference rooms shall be available
which allow the maintenance of confidentiality. A telephone system, internet access and postal
address shall be provided by Public Defender.
3.2 The Public Defender shall provide under the contract for adequate
staffing. An adequate staff includes provision for legal assistance, accounting services, case
management services and/or programs, and access, when needed, to the services of a social
worker, mental health professional and translating services.
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4. EVALUATION AND MONIT ORING.
4.1 Contracts and proposals to contract with the City for Public
Defense Services shall include a provision for a case reporting system and information
management system. Such systems shall have the capability to provide monthly reports to the
City and to the Office of Court Administration regarding the caseloads generated under the
contract for each attorney and intern providing services under the contract.
4.2 Complaints.
4.2.1 The Mayor shall designate a contact point for complaints
regarding the provision of services by the Public Defender.
4.2.2 Public Defender Service Providers shall first be afforded an
opportunity to resolve any complaint.
4.2.3 Complaints regarding the provision of services under the
contract, or regarding a violation of any of these standards shall be investigated by the City
Administrator provided, however, that any complaint regarding trial strategy or any other matter
which could breach confidentiality shall be referred to the Washington State Bar Association or
the presiding judge of the Marysville Municipal Court. Nothing in this section or in these
standards should be interpreted to require the Public Defender or any indigent defendant to
breach any duty of confidentiality, including, but not limited to trial strategy.
5. CASELOAD LIMITS.
5.1 The caseload of the Public Defender shall consist of misdemeanors
and RALJ appeals to Superior Court. A case is defined as the filing of a document with the
Court naming a person as a defendant or respondent, to which an attorney is appointed in
order to provide representation. When the Marysville Municipal Court reviews certification by
a Public Defender, the City respectfully requests that the following standards be employed. If
the Court, in its discretion, determines that a different standard should apply, the City requests
that it be notified so that these standards may, when appropriate, be revised.
5.2 Effective January 1, 2015, the caseload for the Public Defender
should not exceed four hundred (400) cases per year, determined in accordance with the case
count methodology established below.
5.2.1 A case credit is a unit of work computed as follows:
5.2.1.1 The Public Defender will receive no credit for a
misdemeanor case when the court dismisses the case upon the motion of the prosecuting
attorney before any legal service has been performed. Any case in which the Public Defender's
duty is limited to explaining to the individual defendant the implication of any action by the
City Attorney to reduce a criminal matter to a civil infraction, bail forfeiture or dismissal, shall
not be counted as a case assignment to the Public Defender's office. The Public Defender shall
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receive no work for credit on cases which are substantively identified as conflicts, with the
exception of cases in which (after work has been performed) the client obtains a new attorney at
his own expense or through a request to the court, or for other extraordinary circumstances
approved by the City, including but not limited to, information or evidence which the Public
Defender could not have reasonably known or discovered at the time of the initial conflicts
check.
5.2.1.2 Each pre-trial case is counted only once,
irrespective of any subsequent reappointment pursuant to when a client fails to appear (FTA).
The case will be counted at the time of first appointment. In the event a defendant has been
previously represented by a Public Defender and that case was previously counted when the case
was in pre-trial status, it will not be counted again unless the defendant FTA's at a post-
conviction hearing. Post-conviction cases where defendants FTA and are
subsequently reappointed to the Public Defender will be counted again; however, this will occur
only once, no matter how many times a defendant FTA's and the Public Defender is reappointed
when the case is in post-conviction status, the case will be counted only once.
5.2.1.3 A criminal matter shall be defined as one (1)
case for billing purposes no matter how many charges are filed against the individual, so long as
all the charges arise out of the same incident. Any additional charges filed against the same
defendant, arising out of a separate incident, shall be counted by the Public Defender as a new
case.
5.2.1.4 If the Public Defender is required to attend an
appearance calendar, the Public Defender shall count such attendance at a minimum, as a case,
regardless of whether he or she is actually appointed to represent a client. If appointed, a case
count shall be determined as provided above.
5.3 The caseload limit for approved interns shall be twenty-five
percent (25%) of those established by these policies.
5.4 The request for qualifications process for selection of a Public
Defender and Public Defender Counsel shall strive to obtain a Public Defender whose experience
and training is sufficient to comport with the caseload assumptions and credits assigned.
Attorneys assigned to RALJ appeals shall have a minimum of one year's experience in RALJ
appeals or in the event multiple attorneys perform services in the contract, a minimum of one
attorney assigned to or supervising RALJ appeals shall have such experience.
5.5 The standards provided herein for caseloads may be adjusted
5.5 The standards provided herein for caseloads may be adjusted
upward depending upon the complexity of a particular case. A Public Defender may request to
have the weighting for an unusually complex case not addressed adequately by these
standards may be increased depending upon the complexity and requirements of the case, and
such adjustment shall not be unreasonably refused by the City. The maximum caseload for a
particular attorney shall be adjusted downward when the mix of case assignments becomes
weighted toward an unanticipated number of more serious offenses or case types that demand
more
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investigation, legal research and writing, use of experts, and/or social workers or other
expenditure of time and resources.
5.6 If a Public Defender or assigned counsel is carrying a caseload
consisting of cases performed under contract with the City, as well as other criminal cases from
other jurisdictions, including a mixed caseload of felonies and misdemeanors, these standards
shall be adjusted proportionally to determine a full caseload. If the contract or assigned counsel
also maintains a private law practice, the caseload shall be based upon the percentage of time
that the lawyer devotes to public defense with the City.
5.7 The monthly reports to be provided by the Public Defender shall
identify the number of cases assigned, the case count year-to-date, and cases which the Public
Defender has been assigned a higher case count.
6. COMPENSATION. The City of Arlington is a public agency
whose revenues and resources are limited by statute, the constitution, and our local economy.
The City has an obligation to obtain quality legal representation to indigent defendants at a
reasonable price that takes into consideration the resources of the City, and the needs of its
citizens. Within those inherent limitations, the Public Defense Services afforded by contract
shall ensure that public defense attorneys and staff are compensated at a rate commensurate
with their training and experience. For conflict and other assigned counsel, reasonable
compensation shall also be provided. In each case, compensation shall reflect the time and
labor required to be spent by the attorney and the degree of professional experience demanded
by the assigned caseload. Due to the limited jurisdiction of the municipal/district court,
misdemeanors and RALJ misdemeanor appeals pursuant to Superior Court constitute the
assigned caseload under contract. Contracted and assigned counsel shall be compensated for
reasonable out of pocket expenses.
6.1 The contract shall provide for extraordinary compensation in the
event that a particular case requires an extraordinary amount of time and preparation. The
conditions under extraordinary fees may be charged will be defined within any contract.
6.2 Attorneys with a conflict of interest shall not be required to
compensate the new, substituted attorney under the contract. Such arrangements are prohibited
by ethical considerations.
6.3 Among the reasonable expenses to be covered by the contract
include expert witnesses, investigative costs, and the administrative overhead costs of
paraprofessionals, including, as needed, mental health professionals, social workers, and
translators.
6.4 The City's contract with assigned or Conflict Counsel may
provide for payment by voucher. Assigned or Conflict Counsel shall be paid by the case upon
completion. The Public Defender Contract shall provide that counsel be paid monthly without
regard to the number of cases closed based upon the contract's estimation of cases to be
assigned during any calendar period. In the event that the case limits are exceeded, the contract
shall provide for additional compensation to the Public Defender contractor, including but not
limited to the additional cases assigned as well as any impact which the additional case
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assignments may have upon administrative and attorney overhead of the Public Defender. For
example, if the assignment of additional cases requires the Public Defender to add staff or
increase training, administrative and other overhead charges, the City shall enter into good
faith negotiation with the Public Defender to provide for reasonable compensation that assures
the provision of quality representation to indigent defendants.
7. EXPERTS, INVESTIGATION, AND OTHER COSTS.
7.1 The Public Defense Contract shall provide reasonable
compensation for an expert of the Public Defender's choosing. No appointment shall be from a
pre-approved list designated by the City Attorney, the City Prosecutor, or other City officials.
7.2 The services of expert witnesses will be provided under contract
when approved by the Court through ex parte motion. The expert will be paid directly by the
City.
7.3 Investigative services shall be employed as appropriate. The
investigator shall have appropriate training and experience in the area of criminal defense and
investigations relating to criminal matters. Normally, a ratio of one investigator to four
attorneys shall be provided. Contracts for Public Defense Services shall include investigative
services as a part of reimbursed overhead included in the contract compensation.
8. TERMINATION AND REMOVAL.
8.1 Termination of the contract shall occur only for "good cause."
Good cause shall include the failure of the contract Public Defender to render adequate
representation to clients, the willful disregard of the rights and best interests of the client, and
the willful disregard of these standards. Termination may also occur for violation of the express
terms of the contract, provided, however, that the Public Defender shall be provided reasonable
opportunity, following notice, to cure any technical contract violations that do not impair the
provision of quality representation to the indigent client.
8.2 Removal by the Court of counsel from representation normally
should not occur over the objection of the attorney and the client.
9. SUBCONTRACTORS, SUBSTITUTION, AND CONFLICT
COUNSEL.
9.1 The selection process for a Public Defender shall be by review of
names and experience levels of the attorneys who will actually provide services, to ensure that
they meet minimum qualifications. The contract shall prohibit sub-contracting without the
express written consent of the City. The City will endeavor to contract directly with the service
providers.
9.2 In the event of conflict or removal of the Public Defender,
Conflict Counsel shall be available, either through a joint contract with the Public Defender and
Conflict Counsel, by separate contract with Conflict Counsel or by court appointment. In the
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event that alternative or Conflict Counsel is required to be assigned, the Public
Defender shall bear no part of the costs associated with the appointment of an alternative or
Conflict Counsel. The contract should address the procedures for continuing representation of
clients upon conclusion of the agreement.
9.3 Conflict Counsel shall adhere to the standards established by this
resolution, including but not limited to, an evaluation of the overall case count annually by
Conflict Counsel under the procedures set forth in this agreement.
9.4 Conflict Counsel may be assigned:
9.4.1 by the Marysville Municipal Court upon the request of the
Public Defender in conjunction with assigned City staff;
9.4.2 in accordance with the terms of a joint contract with
the Public Defender and Conflict Counsel, or
9.4.3 pursuant to a separate contract.
10. SUPERVISION, MONITORING AND EVALUATION OF
ATTORNEYS.
Candidates for Public Defender services are encouraged, but not required, to
comply with the provisions of Standard 10 and 11 as established by the Washington Bar
Association, Standards for Indigent Defense Services, approved June 3, 2011. The City
recognizes that smaller firms providing Public Defense Services may provide quality service
through experienced practitioners. Larger contracting agencies should make provision for
supervision, monitoring and evaluation in accordance with Bar Association effort to meet
Standards 10 and 11, or provide alternative methods for the supervision, monitoring and
evaluation of attorneys which achieve substantially the same goals shall be given for effective
supervision, monitoring and evaluation.
11. UPDATE AND EVALUATION.
As the rules established by the Washington State Supreme Court are applied and
interpreted by the courts and, when appropriate, the Bar Association and other administrative
agencies, the City states its intent to review and modify these standards.
Section 3. The City Clerk is di rected to provide a certified copy of the
Standards to the Presiding Judge of the Marysville Municipal Court.
Section 4. EFFECTIVE DATE.
The provisions of this resolution shall be effective upon adoption, except as
expressly provided herein.
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RESOLVED:
CITY OF ARLINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
____________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven J. Peiffle, City Attorney